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| Armand v. Lachney, CA 05-763,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opininon Rendered
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Overview: Appellate court affirmed the grant of summary judgment in favor of a city where the city was sued after plaintiff and a co-employee, both city employees, got in a fight, as there was no evidence that the co-employee's conduct was so closely connected to his employment duties as to constitute a risk of harm attributable to the city's business.
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| Baker v. Dep't. of Health & Human Res., 05-808,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Where State's liability was governed by La. Civ. Code Ann. art. 2317, as limited by La. Rev. Stat. Ann. § 9:2800, which required State to have notice of a condition, in instant case, that an unlevel storm drain cover presented unreasonable risk of harm, jury had not manifestly erred in finding unlevel cover did not pose unreasonable risk of harm.
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| Benton Specialties, Inc. v. Cajun Well Serv., 05-842,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: If workers' compensation insurance company was entitled to receive more in reimbursement than actually paid out of pocket was issue of first impression and a material issue of fact precluding summary judgment; on remand court had to determine nature of payments by employer to insurer so as to determine if employer was entitled to any reimbursement.
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| Bernard v. Guilbeau, 05-844,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Jury had not erred in failing to award damages for injured driver's claimed hearing loss because, inter alia, although it appeared injured driver had slight hearing deficit in his left ear with certain tones, the medical testimony of the three physicians, including the treating physician, was not conclusive that the loss was caused by the accident.
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| Blalock v. Lord, 05-0939,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: In an action to enforce a combined sale and lease agreement, the trial court erred when it found that the lease was a relative simulation under La. Civ. Code Ann. art. 2025. Plaintiff was not entitled to damages under the Louisiana Unfair Trade Practices Act. Defendant was entitled to leave of court to file reconventional and third-party demands.
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| Brown v. Romero, 05-1016,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Actions of relatives of individual in lending money to individual to help him open a bar, even with knowledge of plaintiffs' involvement in the business venture, did not satisfy requirements of actual malice or intentional interference with contract. Relatives' actions did not constitute unfair trade practice under La. Rev. Stat. Ann. § 51:1405(A).
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| City Court v. City of Oakdale, 05-1033 C/W 05-1034,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: In dispute over use of city court funds, where city named city judge and clerk as individual defendants, it was undisputed that all the funds at issue were used exclusively to pay the city court's operating expenses. Thus, there was no violation of La. Rev. Stat. Ann. § 42:1461 and judge and clerk were properly dismissed as individual defendants.
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| Cottrell v. Quirk, 05-841,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: In a beneficiary's challenge to the judgment homologating tableau of distribution and of possession, the trial court properly denied naming the beneficiary a universal legatee under La. Civ. Code Ann. art. 1595 as the testator intended that she only receive personal belongings, which did not include lapsed immovable property and financial accounts.
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| Coutee v. Mun. Police Emples. Ret. Sys., 05-752,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Summary judgment was properly granted to city as it was not liable for losses in retirees' benefits after merger with retirement system (MPERS); under La. Rev. Stat. Ann. § 11:3501(D) it had to pay full retirement benefit as calculated by relief fund to member retiring with 20 years of service but only until age 50 and eligibility for MPERS.
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| Covington v. Fid. & Guar. Ins. Co., 05-932,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 1, 2006, Opinion Rendered
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Overview: Summary judgment in favor of plaintiff and against the insurer of the auto dealer that leased the car to the person who hit plaintiff was improper because the leased automobile exclusion excluded the person who leased the vehicle from coverage; there was a clear leased autos exclusion in the policy.
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