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Showing results for LSCR volume 22 LSCR issue 11
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TORTS

1.Hospital not entitled to summary judgment in slip and fall of patient.
Mark B. Becker v. Jefferson Parish Hospital District, 2014-C-1849 (La. 11/21/14) [1 p.]
From LSCR Volume 22, Issue 11

          In 2006, plaintiff went to East Jefferson General Hospital for treatment after being involved in a car accident. While following an at... view full summary
INSURANCE

2.Insurer was entitled to summary judgment on issue of whether representative of insured had authority to reject UM coverage.
Julia Voinche v. Joseph Capps, 2014-CC-1498 (La. 10/24/14) [2 pp.]
From LSCR Volume 22, Issue 11

          Plaintiffs sued Travelers Property Casualty Company of America as the uninsured/underinsured carrier for Gilchrist Construction Compan... view full summary
CIVIL PROCEDURE

3.Plaintiff could have judgment modified in his favor although he had not answered defendant's appeal.
Corey Lamartiniere v. Boise Cascade Corporation, 2014-C-1195 (La. 10/24/14) [3 pp.]
From LSCR Volume 22, Issue 11

          In this workers' compensation case, plaintiff sued defendant after defendant discontinued all benefits on the grounds that plaintiff h... view full summary
4.Class action resulting from post-Katrina termination of Orleans Parish School Board employees dismissed based on res judicata and lack of due process violations.
Eddy Oliver v. Orleans Parish School Board, 2014-C-0329 c/w 2014-C-0330 (La. 10/31/14) [50 pp.]
From LSCR Volume 22, Issue 11

          In August 2005, Hurricane Katrina struck the Gulf Coast, displacing hundreds of thousands of New Orleans residents and causing all of ... view full summary
ADMINISTRATIVE

5.Civil Service Commission did not abuse its discretion in terminating medical assistant.
Miochi Sumling v. Department of Health, 2014-C-1423 (La. 11/07/14) [4 pp.]
From LSCR Volume 22, Issue 11

          Plaintiff was a permanent classified employee of the Department of Health of the City of New Orleans, working as a medi... view full summary
JUVENILE

6.Juvenile's acquiescence in choosing hearing date amounted to good cause extension of time limits for hearing.
State in the Interest of J.T., 2014-CK-0762 (La. 11/14/14) [1 p.]
From LSCR Volume 22, Issue 11

          J.T., a juvenile, was charged with simple robbery in March 2013. He appeared in court on April 8, 2013, and entered a plea of not guil... view full summary
CRIMINAL

7.Defendant moving to quash drug charge on the basis of valid prescription must be holder of the prescription.
State v. Denise Faggin, 2014-K-0326 (10/24/14) [3 pp.]
From LSCR Volume 22, Issue 11

          Defendant was charged with possessing hydrocodone in violation of La. R.S. Section 40:967(C)(2). She filed a motion to quash the prose... view full summary
8.When record is devoid of essential element of conviction, court must set aside conviction even if defendant fails to raise issue.
State v. Therand Thacker, 2014-KO-0418 (La. 10/24/14) [2 pp.]
From LSCR Volume 22, Issue 11

          Defendant was convicted of two counts of sexual battery, attempted aggravated rape, six counts of aggravated incest, and obstruction o... view full summary
9.Time limit for applying for post-conviction relief did not begin to run anew when district court resentenced defendant on armed robbery count.
State v. Sherrod Brumfield, 2013-KP-2390 (La. 11/14/14) [4 pp.]
From LSCR Volume 22, Issue 11

          On the same day in 1999, defendant entered guilty pleas to six charges, including one count of armed robbery that was the basis of a h... view full summary
10.Court summarily allowed evidence of prior burglary convictions in case involved DNA evidence at burglary scene.
State v. Reginald Hardy, 2014-KK-1569 (La. 11/21/14) [8 pp.]
From LSCR Volume 22, Issue 11

          Police discovered blood evidence on a window glass at the scene of a burglary, and defendant was identified through a DNA match. He wa... view full summary