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Showing results for LSCR volume 9 LSCR issue 10
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TORTS

1.Blood transfusion strict liability cases are not subject to medical malpractice peremption period; overruling recent precedent.
Nelson Nadine Williams v. Jackson Parish Hospital, 00-C-3170 (La. 10/16/01) [17 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff received a blood transfusion in 1980, and developed hepatitis C fifteen years later, allegedly as a result of the transfusion. Sui... view full summary
2.Punitive damages article cannot be applied retroactively.
John Anderson and Eva Washington Anderson v. Avondale Industries, Inc., No. 00-CC-2799 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff worked with asbestos from 1968 to 1980. In 1984, the legislature passed La. Civ. Code art. 2315.3, which allowed recovery of punit... view full summary
3.Land-based ship welder not a Jones Act seaman.
Richard v. Mike Hooks, Inc., No. 01-C-0145 (La. 10/16/01) [8 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff Richard was a tacker/welder's helper in a dockside yard that was primarily used to repair th e vessels and equipment used in defen... view full summary
MEDICAL MALPRACTICE

4.Patient's Compensation Fund has standing to intervene to contest physician's coverage under the MMA.
Elena Ledo Bennett, et al. v. Dr. Robert Krupkin, et al., No. 2001-C-0209 (La. 10/16/01) [10 pp]
From LSCR Volume 9, Issue 10
          Plaintiff's estate filed a wrongful death action against her treating physician. On the date on which plaintiff died, the physician was reti... view full summary
INSURANCE

5.Named driver exclusion from automobile liability insurance is binding regardless of named driver's subsequent change in residency.
Jodi Kelley Williams v. Donald Watson, et al., No. 01-C-0495 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff sought damages for personal injuries when the car he was driving was rear-ended by a car driven by defendant Donald Watson. The de... view full summary
CIVIL PROCEDURE

6.Partial summary judgment rendered prior to 1999 was appealable due to ambiguity in the law
Shell Pipeline Corporation v. La. Dept. of Revenue and Taxation, No. 00-OC-3207 (La. 10/16/01) [6 pp.]
From LSCR Volume 9, Issue 10
          In this action to recover taxes paid under protest, the state appealed a partial summary judgment in favor of the taxpayer. The judgment had... view full summary
7.District court's JNOV increasing damage award was abuse of discretion.
Gladys Marie Hunter, et vir. v. Wal-Mart, No. 01-C-0299 (La. 10/16/010) [5 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff caught her foot in a wooden pallet at Wal-Mart in April, 1996; and she fell, but was caught by an employee. Her foot was bruised, ... view full summary
8.Hidden business arrangement between plaintiff and codefendant renders judgment void for ill practices. Belle Pass Terminal, Inc. v. Jolin, Inc., et al. c/w Jolin, Inc. v. Belle Pass Terminal, Inc., et al., No. 2001-C-
0149 (La. 10/16/01) [10 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff Guidry filed this suit to annul a judgment that had been rendered against him in 1992. Plaintiff and others, including an individu... view full summary
9.Summary judgment properly granted dismissing fraud claim.
J. Elise Shelton v. Standard/700 Associates, et al., No. 01-C-0587 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff sued for rescission of the sale of her condominium, alleging fraud in the inducement of the sale. Plaintiff's condominium unit dev... view full summary
STATE AND LOCAL GOVERNMENT

10.Parish's obligation to fund coroner's office entitles coroner to attorney's fees in successful mandamus suit to acquire funding.
Dr. Roderick P. Perron, M.D., Coroner v. Evangeline Parish Police Jury, et al., No. 2001-C-0603 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff coroner sought mandamus relief against the parish police jury to force it to fund his office, pursuant to its statutory duty in La... view full summary
CRIMINAL

11.Theft of goods statute constitutional.
State v. Dwayne Fleury, No. 01-KA-0871 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Defendant was charged with "theft of goods" valued between $100 and $500, in violation of La.R.S. S 14:67.10. He moved to quash the bill of ... view full summary
12.Defendant allowed to withdraw guilty plea when sentence was increased after PSI.
State v. Kenneth R. Trahan, No. 99-K-3470 (La. 10/5/01) [4 pp.]
From LSCR Volume 9, Issue 10
          A handwritten note on defendant's guilty-plea form read "PSI (2 years susp., 2 years active probation, 1 year OPP to be served on weekends).... view full summary
ADMINISTRATIVE

13.District and appellate courts have neither appellate nor supervisory jurisdiction over nonfinal actions of the Gaming Control Board.
Metro Riverboat Associates, Inc. v. Louisiana Gaming Control Board, No. 01-C-0185 (La. 10/16/01) [11 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff Metro was a 50.1% owner of the Belle of New Orleans riverboat company. Hilton was the 49.9% owner. Hilton petitioned the Louisiana... view full summary