Archive of LSCR Articles

Showing results for LSCR volume 30 LSCR issue 7
Jump to a direct Volume/Issue
TORTS

1.Plaintiff could maintain actions against employer for employer's negligence and its vicarious liability for employee's negligence.
Reginald Martin v. Rodney Thomas, 2021-C-01490 (La. 06/29/2022) [18 pp.]
From LSCR Volume 30, Issue 7
     Plaintiff alleged he and Rodney Thomas were involved in a vehicle collision on South Purdue Street in Vivian, Louisiana, in December 2016. Thomas was driving a tractor tr... view full summary
2.Court reverses summary judgment for employer based on Martin, above.
Lisa Whittington v. Walmart, Inc., 2021-CC-01800 (La. 07/29/2022) [2 pp.]
From LSCR Volume 30, Issue 7
     In this personal injury case, Walmart admitted that its employee was in the course and scope of employment at the time of the alleged tortious events. It moved for part... view full summary
INSURANCE

3.Written authorization was required for assistant to stamp corporate representative's signature onto UM rejection form and effectively waive coverage.
Johnny Carval Havard v. Ricky Jeanlouis, 2021-C-00810 (La. 06/29/2022) [19 pp.]
From LSCR Volume 30, Issue 7
     Plaintiff and Ricky Jeanlouis were involved in an auto accident while plaintiff was driving a tow truck owned by his employer, Rick's Towing & Recovery Service, Inc... view full summary
4.Physical altercation exclusion in motel's CGL policy barred coverage for kidnapping and death.
Ali Kazan v. Red Lion Hotels Corporation, 2021-CC-01820 (La. 06/29/22) [9 pp.]
From LSCR Volume 30, Issue 7
     Lia Kazan visited an Alexandria motel to meet some friends. During the visit she went into the motel parking lot to get something from her car. While she was in her car... view full summary
TAXATION

5.Taxpayer lost right to appeal claim denial where tax collector did not decide claim within a year.
Nucor Steel Louisiana, LLC v. St. James Parish School Board, 2021-C-01814 (La. 06/29/2022)### [7 pp.]
From LSCR Volume 30, Issue 7
     On January 26, 2016, plaintiff submitted a tax refund claim to defendant, as tax collector. In April 2016 defendant acknowledged receipt of the refund claim an... view full summary
MEDICAL MALPRACTICE

6.Court reverses grant of exception of prescription, disagreeing with lower courts as to date of discovery.
In re: Medical Review Panel of Mason Heath, 2021-C-01367 (La. 06/29/2022) [23 pp.]
From LSCR Volume 30, Issue 7
     Plaintiffs Isiah and Chrishanna Smith filed a medical malpractice suit on behalf of their minor son, Mason Heath. They named Dr. Robert Russell, Minden Medical Center a... view full summary
CRIMINAL

7.After non-unanimous conviction of lesser-included offense was vacated, double jeopardy barred State from retrying defendant for higher offense.
State v. Ronald Gasser, 2022-K-00064 (La. 06/29/2022) [27 pp.]
From LSCR Volume 30, Issue 7
     This case arose from the 2016 road rage incident that led to the shooting death of Joseph McKnight. A grand jury indicted defendant on the charge of second-degree murde... view full summary
8.Conviction for offense erroneously described as lesser-included operated as acquittal of higher charged offense.
State v. Ladarious Brown, 2021-K-01336 (La. 06/29/2022) [7 pp.]
From LSCR Volume 30, Issue 7
     This case also involved double jeopardy principles. Defendant was charged with two offenses arising from a domestic incident: illegal use of weapons under La. R.S. Sect... view full summary
9.Home invasion is crime of specific intent.
State v. Brian Clarke, 2021-KK-01460 (La. 06/29/2022) [6 pp.]
From LSCR Volume 30, Issue 7
     Defendant was charged with home invasion under La. R.S. Section 14:62.8. He provided notice of his intent to present the affirmative defense of voluntary into... view full summary