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TORTS

1.Testimony regarding minor's confession to priest was admissible; issue of whether priest should have reported sexual abuse of minor by adult parishioner was for factfinder.
Parents of Minor Child v. George J. Charlet, Jr., 2013-C-2978 (La. 04/04/14) [8 pp.]
From LSCR Volume 22, Issue 4

          Plaintiffs alleged that in the summer of 2008, sixty-four year old George J. Charlet, Jr., a well-known parishioner at Our Lady of... view full summary
2.Public park entitled to rely on Recreational Use Immunity Statute despite collection of nominal usage fees.
Tyron Eastwood v. Niblett's Bluff Park Authority, 2013-CC-2408 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4

          Plaintiffs claimed to have sustained injuries while at Niblett's Bluff Park in Calcasieu Parish. In response, the Park filed a motion ... view full summary
3.Railroad and City entitled to summary judgment in wrongful death claim where decedent pedestrian could have looked for and seen oncoming train but instead crossed tracks without looking in either direction.
Donald Davis v. Canadian National Railway, 2013-C-2959 c/w 2013-C-2963 (La. 04/17/14) [3 pp.]
From LSCR Volume 22, Issue 4

          Plaintiff's mother was killed by an oncoming train as she attempted to walk across the railroad tracks at Taylor Street in Kenner. Pla... view full summary
CONTRACTS

4.Plaintiffs in redhibition action entitled to litigate issue of whether sellers' allegedly fraudulent responses on property disclosure voided subsequent waiver of redhibition.
Nancy Williams v. Robert Allan Nelson, 2014-C-164 (La. 04/11/14) [3 pp.]
From LSCR Volume 22, Issue 4

          This redhibition action involved the sale of a home in Metairie, Louisiana. Plaintiffs alleged that the co-trustees of two trusts exec... view full summary
CIVIL PROCEDURE

5.Plaintiff could assert redhibition claim despite inconsistent allegations in claim for indemnification.
Easy Way Homes Corp. v. Craig D. Vezinat, 2014-CC-0240 (La. 04/17/14) [1 p.]
From LSCR Volume 22, Issue 4

          In these consolidated cases plaintiff asserted a claim for redhibition and a claim for indemnification, denying the existence of a red... view full summary
CRIMINAL

6.District court abused its discretion in denying admission of other crimes evidence based solely on remoteness in time.
State v. Vernon Wayne Altenberger, 2013-KK-2518 (La. 04/11/14) [15 pp.]
From LSCR Volume 22, Issue 4

          In May 2010, defendant allegedly approached his wife, picked her up by the neck, choked her, threw her on top of a bar, and punched he... view full summary
7.Resentencing mandated where district court failed to follow procedure for sentencing below minimum required by Habitual Offender Law.
State v. Michael Lawrence, 2014-KK-0081 (La. 04/11/14) [2 pp.]
From LSCR Volume 22, Issue 4

          The district court imposed a sentence below the minimum sentence required by Louisiana's Habitual Offender Law. The Fourth Circuit... view full summary
8.Where defendant raises Atkins defense of mental retardation for first time in post-conviction proceedings, district court should follow procedure outlined in State v. Dunn
State v. Jason Reeves, 2014-KD-0132 (La. 04/25/14) [2 pp.]
From LSCR Volume 22, Issue 4

          In post-conviction proceedings, defendant asserted for the first time that he was mentally retarded and could not be executed without ... view full summary