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   State Courts - Louisiana - January 25, 2006

  
Succession of Conville v. Bank One La., N.A., NO. 40,506-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Judgment dismissing claims against a bank and its officer was affirmed because plaintiffs did not establish that there was a genuine issue of fact as to whether the bank officer influenced a decedent to change beneficiaries on his annuity contracts or whether the officer had a duty to send a copy of a power of attorney to the annuity companies.

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Thomas v. Duncan, No. 40,635-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Parents did not show statutory authority that would require or allow a private entity like a baseball club to install traffic control devices or signs on a public thoroughfare like the one where their son was injured; such conduct was prohibited by La. Rev. Stat. Ann. § 32:236. No authority imposed general duty on club to employ crossing guards.

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Twin Branches Real Estate v. Hall, No. 40,615-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: When two judgments involving same property were entered at two different times, in two separate states, creditors sought guidance about which judgment controlled the date from which interest began to accrue. Louisiana judgment controlled because it was recorded; it referred to judgment that was nearer in time, space, and thought.

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Williams v. Cooper, NO. 2005-CA-0654, CONSOLIDATED WITH: NO. 2005-CA-0655, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, January 25, 2006, Decided
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Overview: Trial court properly dismissed a driver's negligence claims against the city under La. Rev. Stat. Ann. § 9:2800 as the driver failed to establish that a malfunctioning traffic signal at the intersection where the car accident occurred was a cause-in-fact of the driver's injury.

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Wilson v. Invacare Corp., No. 40,507-CA, COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, January 25, 2006, Judgment Rendered
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Overview: Trial court erred in finding hospital patient's injuries stemming from alleged collapse of shower transfer bench fell within scope of Medical Malpractice Act (MMA), La. Rev. Stat. Ann. § 40:1299.41 et seq.; his claim hospital personnel could have and should have seen defect in transfer bench did not sound in medical malpractice but purely in tort.

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