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Showing results for LSCR volume 25 LSCR issue 3
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1.Court affirms denial of JNOV but grants new trial to parents in claim against ER physician for death of child.
David Pitts v. Louisiana Medical Mutual Ins. Co., 2016-C-1232 (La. 03/15/17) [40 pp.]
From LSCR Volume 25, Issue 3
     This case arose from the tragic death of plaintiffs' daughter, Lyric Pitts, at the age of seven months. On October 22, 2011, at about 6:20 p.m., plaintiffs brought Lyr... view full summary
MEDICAL MALPRACTICE

2.Allegations in MRP complaint were sufficient to include claim for failure to supervise and train nurses.
Darrin Coulon vs. Endurance Risk Partners, Inc., 2016-CC-1146 (La. 03/15/17) [11 pp.]
From LSCR Volume 25, Issue 3
     Plaintiff underwent surgery to his shoulder at the West Bank Surgery Center. He developed an infection, necessitating several additional surgeries and treatment. H... view full summary
CONTRACTS

3.No bad faith damages due for School Board's failure to abide by bus driver tenure statute.
Gerald Castille v. St. Martin Parish School Board, 2016-C-1028 (La. 03/15/17) [12 pp.]
From LSCR Volume 25, Issue 3
     Plaintiff began employment with the St. Martin Parish School Board as a bus driver in 1977.
     Since 1980 he had been assigned to the "Highway 31 ... view full summary
ADMINISTRATIVE

4.Court reinstates LPSC's determination that Entergy violated 300 Foot Rule.
Entergy Louisiana LLC v. Louisiana Public Service Comm'n, 2016-CA-0424 (La. 03/15/17) [14 pp.]
From LSCR Volume 25, Issue 3
     United Plant Services is a family-owned company that provides machine repair services. It planned construction of a building in Trout, Louisiana on a ten-acre... view full summary
WORKERS' COMPENSATION

5.Medical Treatment Guidelines did not require all of claimant's pain to be relieved by spinal cord stimulator.
Byron Gulley v. Hope Youth Ranch, 2016-C-1112 (La. 03/15/17) [14 pp.]
From LSCR Volume 25, Issue 3
     Claimant was injured in June 2009 when struck by a golf cart while working at the Hope Youth Ranch in Winnfield. He claimed injuries to his head, shoulder... view full summary
CRIMINAL

6.Miranda did not apply to spontaneous, voluntary statement by defendant.
State v. Jamon Stephens, 2017-KK-0412 (La. 03/06/17) [2 pp.]
From LSCR Volume 25, Issue 3
     Defendant moved to suppress a statement by which he claimed ownership of a stolen shotgun. The district court denied the motion to suppress. The Fou... view full summary
7.Defendant entitled to relief under Graham for non-homicide offense committed as a juvenile.
State Ex Rel. Eduardo Robinson, 2015-KH-1987 (La. 03/13/17) [1 p.]
From LSCR Volume 25, Issue 3
     Defendant was serving a life sentence without parole eligibility for an aggravated rape he committed at the age of fifteen, as well as a life sentence without parole el... view full summary
8.Double capital murder defendant had not met standard for pre-trial subpoena duces tecum.
State v. Brian Smith, 2017-KK-0020 (La. 03/13/17) [2 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged with the first degree murder of two St. John the Baptist sheriff's deputies. In pre-trial proceedings, defendant moved for the issuance... view full summary
9.Defendant entitled to post-conviction hearing on issue of admissibility at trial of exculpatory grand jury testimony.
State v. Conell Galle, 2015-KP-1734 (La. 03/13/17) [4 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged, along with Allen Scott, of the attempted second degree murders of Nykeisha Jackson and Thomas Williams. Prior to trial, the State disclose... view full summary
10.Defendant's relationship with mother of his child was sufficient to support domestic abuse battery charge.
State v. Andre J. Davis, 2015-K-1949 (La. 03/15/17) [15 pp.]
From LSCR Volume 25, Issue 3
     Eugenia Leonard and defendant met while attending a university and had an intimate relationship for three or four years that resulted in the birth of a daughte... view full summary
11.Court prohibits disclosure to jury of sentence that may result from future habitual offender adjudication.
State v. Corei K. Guidry, 2016-KK-1412 (La. 03/15/17) [33 pp.]
From LSCR Volume 25, Issue 3
     Defendant was charged in Orleans Parish with possession with intent to distribute heroin, cocaine, and Tramadol, as well as conspiracy to commit simple escape. Prior to tr... view full summary
12.Charges for obstruction of justice were timely substituted for murder charges.
State v. Channing R. Gray, 2016-KK-0687 (La. 03/15/17) [18 pp.]
From LSCR Volume 25, Issue 3
     Derroceus Abney was murdered on or about February 10, 2007. His body was found in an inoperable freezer located in the yard of a Bienville Parish residence. His blood was ... view full summary