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| Beard v. Seacoast Elecs., Inc., NO. 2006-CA-1244,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: In an employee's wrongful termination claim under La. Rev. Stat. Ann. § 23:967, an employer was entitled to summary judgment because the Whistleblower Statute, § 23:967, required a violation of state law to trigger the statute, and the employee's claim was based on federal law.
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| Bell Fence & Galvanizing Co./Central Fence v. Bond, No. 41,820-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Peremptory exception of prescription entered in favor of the buyer in the supplier's suit on open account was affirmed because the balance due sought by the supplier was for charges made no later than August 2001, and suit was filed in May 2005, more than three years later under La. Civ. Code Ann. art. 3494.
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| Caskey v. Merrick Constr. Co., No. 41,662-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Summary judgment was granted to the Louisiana Department of Transportation and Development in a personal injury action because it satisfied its duty for inspecting a job site for dead trees; there was no duty to examine all sides of a healthy and green tree for damage that might have caused it to fall later.
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| Coleman v. Townsend, NO. 41,839-CA, NO. 42,031-CA, NO. 42,032-CA (consolidated cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: A determination of fault in a negligence case was not clearly wrong where a driver did not stop at a red light, as required by La. Rev. Stat. Ann. § 32:232(3)(a), due to his being involving in a funeral procession; Monroe, La., City Code § 33-35(5) did not authorize the driver to ignore the signal, and the driver did not proceed with caution.
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| Doe v. ABC Corp., NO. 2004-CA-1806 CONSOLIDATED WITH: NO. 2004-CA-1807 CONSOLIDATED WITH: NO. 2005-CA-0292,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 24, 2007, Decided
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Overview: Employees brought contract claims against bank and corporation, seeking to rescind termination agreements and reinstate employment agreements. Trial court improperly granted summary judgment for corporation because suit against corporation was not impermissible collateral attack on federal agency's ruling under 12 U.S.C.S. § 24.
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| Freeland v. Bourgeois, 06-932,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Jury verdict finding that plaintiff was not injured during car accident was reversed where evidence showed that defendant ran stop sign at 45 miles per hour and broadsided plaintiff's van, throwing plaintiff's head and body into driver's side window and door, and after accident plaintiff had headaches and soreness in his neck, shoulder, and back.
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| Green v. Rice, No. 41,818-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: Dismissal of legal malpractice suit was affirmed because the claimants failed to show that but for the former attorneys' actions they would have had an opportunity to recover, when there was time for the claimants through new counsel to amend the petition to include the city as a joint tortfeasor before the case had come to a final judgment.
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| Heath v. McCarthy, No. 41,853-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: The dismissal of the former member from a hunting club was appropriate because he failed to prove, by a preponderance of the evidence, that the club's decision to expel him was capricious, arbitrary, or unjustly discriminatory. He had candidly admitted that he broke several of the hunting club's rules.
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| Jackson v. Ware Youth Ctr., No. 41,830-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 24, 2007, Judgment Rendered
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Overview: WCJ had not erred in granting summary judgment to employer and finding, inter alia, claimant's medical problems did not meet definition of occupational disease under La. Rev. Stat. Ann. § 23:1031.1(B) finding that pneumonia and/or intrastitial fibrosis was not due to causes and conditions characteristic of or peculiar to being a security officer.
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