Archive of LSCR Articles

Showing results for LSCR volume 29 LSCR issue 3
Jump to a direct Volume/Issue
INSURANCE

1.Plaintiff's UM coverage applied to accident that occurred while he was driving employer's truck.
03/24/2021) [15 pp.]
From LSCR Volume 29, Issue 3
     Plaintiff was injured in an automobile accident while driving a truck owned by his employer, AT&T. The other driver involved in the accident was underinsur... view full summary
EVIDENCE

2.District court erred in not limiting testimony of expert in claim for damage to oyster beds.
Marty Melerine v. Tom's Marine & Salvage, LLC, 2020-C-00571 (La. 03/24/2021) [28 pp.]
From LSCR Volume 29, Issue 3
     In April 2016 a tugboat pushing a barge through the coastal waters of St. Bernard Parish entered an area known as Christmas Lake, productive oyster grounds that c... view full summary
TORTS

3.Defendant allegedly rear-ended in multi-car collision not entitled to summary judgment.
Erin Sketchler v. Daniel Hernandez, 2020-C-01475 (La. 03/02/2021) [2 pp.]
From LSCR Volume 29, Issue 3
     This case arose from a 2014 multi-car accident on Interstate 12 in Tangipahoa Parish. A vehicle driven by Daniel Hernandez struck a vehicle driven by Loui... view full summary
4.Operator of work-release program had no duty to protect prisoner from criminal activity.
Michel Jackson Miller v. State Department of Corrections, 2020-CC-1345 (La. 03/16/2021) [4 pp.]
From LSCR Volume 29, Issue 3
     James Miller was an inmate in the custody of the Department of Corrections, which approved his participation in a work-release program operated by Northshore Workforce,... view full summary
5.Court reverses denial of government contractor immunity.
Daniel Harris v. Boh Bros. Construction Co., LLC, 2021-C-00084 (La. 03/16/2021) [6 pp.]
From LSCR Volume 29, Issue 3
     Defendant contracted with the U.S. Army Corps of Engineers to build a concrete canal under Louisiana Avenue in uptown New Orleans. To protect against falls, the contrac... view full summary
MEDICAL MALPRACTICE

6.Personal service on state healthcare provider physician was sufficient.
Donna Brown v. Ralph Chesson, M.D., 2020-CC-00730 (La. 03/24/2021) [7 pp.]
From LSCR Volume 29, Issue 3
     In October 2012 plaintiff filed a complaint with the Division of Administration against Dr. Ralph Chesson, alleging medical malpractice during a 2011 surgical procedure. ... view full summary
CONTRACTS

7.Action for bank's breach of oral agreement was precluded by Credit Agreement Statute.
Barbara McNorton Hovell v. Origin Bank, 2020-C-01417 (La. 03/02/2021) [3 pp.]
From LSCR Volume 29, Issue 3
     Holladay Broadcasting of Louisiana, LLC, owned and operated by Robert Holladay, sold a radio station to KP Music Group, LLC, for $700,000. KP financed the pur... view full summary
WORKERS' COMPENSATION

8.Fireman who sustained partial hearing loss over time not entitled to permanent partial disability benefits.
James J. Hartman, Jr. v. St. Bernard Parish Fire Dept., 2020-C-00693 (La. 03/24/2021) [21 pp.]
From LSCR Volume 29, Issue 3
     Plaintiff began his employment with the St. Bernard Parish Fire Department (SBPFD) in 1990 and was district chief at the time he made a claim for disability... view full summary
PROPERTY

9.Defendants acquired strip of property at rear of lot by acquisitive prescription.
Deborah Marie Horaist v. Edward A. Pratt, 2021-C-00166 (La. 03/23/2021) [3 pp.]
From LSCR Volume 29, Issue 3
     In 1977 defendants purchased residential property in Lafayette. Marjorie Gardner owned the property to the rear. A chain-link fence had already been erected and a line... view full summary
CIVIL PROCEDURE

10.Defendants entitled to dismissal of action after court sustained exception of no cause of action.
Jeff Mercer, LLC v. State, 2020-CC-01386 (La. 03/09/2021) [3 pp.]
From LSCR Volume 29, Issue 3
     The district court sustained defendants' peremptory exception of no cause of action but declined to dismiss plaintiff's action against them. The Cou... view full summary
STATE AND LOCAL GOVERNMENT

11.Plaintiff not entitled to additional retirement insurance benefit from state fund.
Roger Lehman v. Louis J. Perret, Clerk of Court, 2020-CC-01485 (La. 03/16/2021) [3 pp.]
From LSCR Volume 29, Issue 3
     Plaintiff was employed by the Lafayette Parish Clerk of Court until he was terminated for misconduct in 2002, when he was 44 years old. When he reached age 55, he was ... view full summary
DOMESTIC RELATIONS

12.Father in Mississippi received adequate notice of Louisiana proceedings for child custody.
Forrest Keith Cochran v. Katherine Sawyer Forman, 2020-CJ-01400 (La. 03/09/2021) [5 pp.]
From LSCR Volume 29, Issue 3
     In this child custody case, the mother, a Louisiana resident, filed a petition for custody, visitation, and support on June 27, 2017, naming the father, a... view full summary
JUVENILE

13.Juvenile court did not abuse discretion in denying recess to State.
State in the Interest of HJ, 2020-CK-00290 (La. 03/16/2021) [2 pp.]
From LSCR Volume 29, Issue 3
     During HJ's adjudication proceeding, the State moved for a recess to secure the presence of a witness. The juvenile court denied the motion. The Fourth Circuit granted ... view full summary
CRIMINAL

14.Court of appeal erred in finding sentence indeterminate as error patent.
State v. Keith Cooper, 2020-KP-00105 (La. 03/02/2021) [5 pp.]
From LSCR Volume 29, Issue 3
     Defendant was found guilty of two counts of armed robbery with the use of a firearm and one count of illegal possession of a stolen automobile. When armed robbery is co... view full summary
15.Non-unanimous conviction remanded in light of Ramos.
State v. Charles P. Mayeux, Jr., 2019-K-00369 (La. 03/09/2021) [2 pp.]
From LSCR Volume 29, Issue 3
     On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, 140 S. Ct. 1390 (2020). In Ramos, the U.S. Supreme Court granted a writ of certiora... view full summary
16.Defendant entitled to withdraw guilty plea when State could not uphold terms of plea agreement.
State v. Larry Earl Miles, 2020-KK-01356 (La. 03/09/2021) [5 pp.]
From LSCR Volume 29, Issue 3
     In December 2016 defendant was arrested and charged with possession of a firearm in Assumption Parish. Two months later, he was indicted on drug ... view full summary
17.Court gives State one more chance to provide sufficient particulars as to defendant's charges.
State v. Robinson, 2020-KK-01389 (La. 03/09/2021) [5 pp.]
From LSCR Volume 29, Issue 3
     Defendant was indicted with two counts of conspiracy to obstruct justice in two second- degree murder investigations under La. R.S. Section 14:130.1(A). The... view full summary