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Showing results for LSCR volume 33 LSCR issue 4
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BAR / DISCIPLINARY / ETHICS

1.Court accepts joint petition for consent discipline and suspends East Baton Rouge Parish judge.
In re: Judge Eboni Johnson Rose, 2025-O-0390 (La. 04/23/2025) [15 pp.]
From LSCR Volume 33, Issue 4
     In 2024 the Judiciary Commission received complaints and media reports about alleged misconduct in four separate criminal matters by Judge Eboni Joh... view full summary
CIVIL PROCEDURE

2.Court reinstates summary judgment for defendants in auto accident case.
Gregory Chank v. Starr Indemnity & Liability Insurance Company, 2024-C-01544, 2024-C-01552 (La. 04/01/2025) [8 pp.]
From LSCR Volume 33, Issue 4
     Terry Gates was operating a tractor-trailer rig on I-49 in March 2018 when he struck the rear of another automobile, causing a chain-reaction collision involving... view full summary
3.Court vacates dismissal of appeal.
Willie Covington v. Clark Sand Co., Inc., 2024-C-01531 (La. 04/08/2025) [8 pp.]
From LSCR Volume 33, Issue 4
     Plaintiffs filed this suit for personal injury damages against several defendants in 2016. On October 5, 2022, the district court heard defendants' exceptio... view full summary
4.Insurers waived exception of improper cumulation but were entitled to reconsideration of motion to vacate default judgment.
Ratcliff Recovery Services, LLC v. City Place Investors, LLC (La. 04/23/2025) [4 pp.]
From LSCR Volume 33, Issue 4
     Defendant owned a townhome complex that sustained damage during Hurricane Ida. The property was insured under a subscription policy with a group of insurers. Defendant... view full summary
5.Defendant produced sufficient evidence to establish his domicile.
Chad Hughes v. Connie Hargrave, 2025-CC-00426 (La. 04/23/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     Plaintiff filed suit against Connie Hargrave and Sarwat Gad in the Parish of East Baton Rouge. Gad filed an exception of improper venue, averring he was domicil... view full summary
TORTS

6.Defendants entitled to have plaintiff submit to second independent medical exam.
Thomas Hunt v. Kylie E. Johnson, 2024-CC-01451 (La. 04/01/2025) [4 pp.]
From LSCR Volume 33, Issue 4
     Plaintiff filed suit alleging he sustained a cervical disc herniation and a lumbar bulge as a result of an automobile accident. He was treated by an interventional pain... view full summary
7.Claim arising from flooding property was not a continuing tort.
Debra Winesberry v. St. Bernard Parish Government, 2025-C-00065 (La. 04/15/2025) [3 pp.]
From LSCR Volume 33, Issue 4
     Plaintiff filed suit seeking compensation from St. Bernard Parish for the flooding of her property. She alleged that since the Parish installed und... view full summary
INSURANCE

8.Appraisal not binding under terms of insurance policy.
James Hornbeak, Jr. v. FedNat Insurance Company, 2025-CC-00108 (La. 04/08/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     Plaintiff filed suit for payment of insurance claims related to Hurricane Ida. The suit was removed to federal court and later remanded on motion ... view full summary
MEDICAL MALPRACTICE

9.Case dismissed for failure to meet bond deadline in consent judgment.
Valarie Cantrelle v. William T. Sargent, M.D., 2024-CC-01545 (La. 04/08/2025) [3 pp.]
From LSCR Volume 33, Issue 4
     Plaintiff filed a medical malpractice complaint requesting a medical review panel against defendant. The medical review panel rendered a unanimous opinion co... view full summary
10.Court applies contra non valentem in light of litigation tactics by defendants.
In re: Medical Review Panel Proceedings of Denielle Poree, 2023-C-01590 (La. 04/23/2025) [6 pp.]
From LSCR Volume 33, Issue 4
     On February 10, 2022, Denielle Poree went to Ambrose M. Martin, III, DDS, at Gentilly Family Dental to have a tooth pulled. While Poree was sedated, Dr. Martin allegedl... view full summary
11.Claim against surgeon not abandoned during appeal of claims against other defendants.
Allen Dehart v. Bruce A. Jones, M.D., 2025-C-00031 (La. 04/23/2025) [4 pp.]
From LSCR Volume 33, Issue 4
     On September 30, 2008, Arlene Dehart underwent surgery for the repair of a heart valve. She suffered complications after the surgery and died on October 27, 2008. Pla... view full summary
12.Entire medical review panel opinion was admissible.
Terry Almon v. James M. Laborde, M.D., 2025-CC-00217 (La. 04/23/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     In this medical malpractice action plaintiff filed a motion in limine seeking to exclude the admission of part of the medical review panel's opinion. The district c... view full summary
13.District court did not abuse discretion in ordering second deposition of surgeon.
Louise Frederick v. St. Charles Surgical Hospital, 2024-CC-01537 (La. 04/29/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     In March 2017 plaintiffs filed a medical review panel complaint against Alexis Waguespack, M.D., and other healthcare providers alleging they committed medical ... view full summary
STATE AND LOCAL GOVERNMENT

14.Court vacates and remands for hearing on motion to change gender on birth certificate.
In re: Adam Christopher Strain, 2025-C-00198 (La. 04/15/2025) [3 pp.]
From LSCR Volume 33, Issue 4
     Petitioner filed suit seeking a name change, gender-marker change, and new birth certificate.
     The petition alleged petitioner was born ... view full summary
CRIMINAL

15.Defendant entitled to suppression of evidence obtained in investigatory stop.
State v. Keith Brumfield, 2024-KK-01543 (La. 04/01/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     The Jefferson Parish Sheriff's Office received an anonymous complaint of harassment on Hessmer Street in Metairie. A woman stated that a man in a white M... view full summary
16.Defendant not entitled to contact information for witness.
State v. Christopher Edward Brown, 2025-KK-00040 (La. 04/01/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     In this criminal matter defendant sought discovery of contact information for a witness identified by the State. The district court ordered the State to pro... view full summary
17.Court reverses denial of post-conviction relief and orders probation reinstated.
Christina Lambert v. Christopher Stinson, 2024-KP-00886 (La. 04/08/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     In 2010 petitioner pled guilty to five felony drug charges and was sentenced to 20 years of imprisonment on one count and ten on the other four counts, all at hard labo... view full summary
18.Court orders recall of warrant of execution.
State v. Marcus Donte Reed, 2025-KD-00423 (La. 04/11/2025) [8 pp.]
From LSCR Volume 33, Issue 4
     In 2013 defendant was convicted of the first-degree murders of brothers Jeremiah, Jacquis, and Gene Adams in 2010. The district court sentenced defendant to death in ac... view full summary
19.Court orders recall of warrant of execution.
State v. Darrell Dewayne Draughn, 2025-KD-00424 (La. 04/11/2025) [9 pp.]
From LSCR Volume 33, Issue 4
     In 2003 defendant was convicted of the first-degree murder of Loretta White in 2000. The district court sentenced defendant to death in accordance with the jury's v... view full summary
20.Court vacates denial of certain post-conviction claims, remands for merits consideration.
State v. Antoine Tate, 2024-KP-01257 (La. 04/29/2025) [2 pp.]
From LSCR Volume 33, Issue 4
     Defendant was convicted of first-degree murder in 2000 and sentenced to death. The Court affirmed the conviction and sentence in 2003. At issue here was an application... view full summary