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| Bd. of Comm'rs v. Rivet, NO. 05-CA-441,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: In interested parties' challenge to a drainage district's claim to certain property, the trial court properly found that the district was the legal owner by virtue of a sheriff's tax sale as the proces verbal tax sale deed indicated that the sheriff properly advertised and gave notice of the sale to the prior owner's agent for service of process.
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| Blanchard v. Rental Serv. Corp., U.S.A., NO. 05-CA-460,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Employer contended judge erred in failing to find that employee committed fraud by misrepresenting his physical condition and in denying that he had prior neck injury. However, the employer failed to plead the fraud defense. Therefore, the employer forfeited the right to raise the affirmative defense of fraud under La. Rev. Stat. Ann. § 23:1208.
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| Elkins v. Burlington Northern & Santa Fe Ry., NO. 05-CA-343,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: La. Rev. Stat. Ann. § 32:171(B) did not provide for distinction between those who stopped on railroad crossing of their own volition and those who were trapped by no fault of their own. There was a genuine issue of material fact as to whether crossing presented "dangerous trap" and whether warning devices were operating properly on accident date.
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| Ferro v. Blasini, NO. 05-CA-376,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: A grant of summary judgment in favor of doctors in plaintiffs' medical malpractice action was improper pursuant to La. Rev. Stat. Ann. § 9:2794 where plaintiffs submitted an expert report as requested. The doctors had not objected to the trial court's assertion that the report was required.
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| IBEW Local Union No. 130 v. Jouandot, NO. 05-CA-269,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: In a union's suit against a worker for breach of the union contract to recover fines assessed against the worker, because the sums to be recovered were not set out in the contract, they were not stipulated, and the appellate court determined the fines to be recovered pursuant to La. Civ. Code Ann. art. 1999.
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| In re Med. Review Panel Claim of Scott, NO. 05-CA-401,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: After spinal surgery, patient had sufficient knowledge to trigger start of prescription after she was informed that conditions from her surgery, caused by misplaced screws, would likely be permanent. Express disclosure of nerve damage to patient at that time provided sufficient knowledge or discovery to begin running of prescription on her claim.
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| Kampmann v. Mason, NO. 05-CA-423,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: In a patient's products liability claim, summary judgment in the drug manufacturer's favor on its learned intermediary doctrine defense was error as the manufacturer presented no evidence from any medical professional to show whether its warning was sufficient, or that it fulfilled its duty to warn under La. Rev. Stat. Ann. § 9:2800.57.
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| Leboyd v. Leboyd, NO. 05-CA-377,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Court did not err in awarding family home to husband with offsetting bank accounts awarded to wife; he had remained in home, paid rent, and maintained it, but court erred in failing to give the wife an offset for accrued rental payments as ordered by court in its judgment and in counting a $ 8235 sum from a credit union account against her twice.
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| Mangano Consultants, Inc. v. Bob Dean Enters., NO. 05-CA-449,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Court erred when it denied bank's motion to intervene; bank's claims were directly related to claim in principal demand against entities for conversion of 2 checks and, as such, bank had stated a right of action to intervene, but, issue of corporation's entitlement to checks was previously litigated and determined and could not be raised by bank.
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| Ranger Ins. Co. v. Shop Rite, Inc., NO. 05-CA-452,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, January 17, 2006, Decided
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Overview: Gas station lessee did not owe indemnity to lessor or its insurer for lessor's negligence, or strict liability for sums paid to patron who was injured when a gas hose leaked. Lease did not impose duty on lessee to inspect or maintain lessor's equipment; to contrary, it was specifically provided lessor would maintain equipment in good working order.
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