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| Johnson v. Calcasieu Parish Sheriff's Dep't, 06-1179, CONSOLIDATED WITH 06-1180,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Judgment setting aside dismissal of claimants' suit due to abandonment was affirmed because claimants' failure to prosecute their action to completion was caused by circumstances beyond their control, when the claimants were prevented from pursuing their claims for a reward since an individual's conviction for a triple homicide had been reversed.
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| Khaliq v. Progressive Sec. Ins. Co., 06-1207,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Court did not err in finding exclusion was inapplicable to instant accident as son, an La. Rev. Stat. Ann. § 32:900(L)(1) excluded driver, was operating insured vehicle without his father's permission or knowledge; evidence was undisputed insured did not take advantage of premium reduction and, at same time, allow his son to drive insured vehicle.
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| La. ex rel. C.P., NO. 2006-CA-0889,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 7, 2007, Decided
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Overview: Where members of a sanity commission were present at a hearing via telephone and the differing medical evidence presented all stated that defendant suffered from severe mental disorders and was unable to understand some of the proceedings, a juvenile court did not err by finding defendant incompetent under La. Child. Code Ann. art. 836.
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| Lanningham v. Walton, 06-1103,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Court misapplied La. Rev. Stat. Ann. § 9:2794 burden of proof but children failed to prove, by preponderance of evidence, pulmonologist breached applicable standard of care in his treatment of their mother and claim pulmonologist had wrongfully discharged their mother was misplaced as she was admitted and discharged by her primary care physician.
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| Marsh Eng'g, Inc, v. Parker, 06-1137,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 22:629, terms of the policy issued to the attorney limited coverage to claims first made against him during the policy period; no formal demand was made on attorney until more than four years after the policy expired and more than four years after the act which was alleged to have given rise to the client's claim.
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| Mouhot v. Twelfth St. Baptist Church, CA 06-1283,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 07, 2007, Opinion Rendered
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Overview: Where the evidence in a trip and fall case showed that the church was negligent in using a mat with holes in it while knowing that women with high heels would walk over it, the trial court erred by finding that plaintiff was 45% negligent. The appellate court assessed the church with 100% fault.
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| Petty v. State Farm Mut. Auto. Ins. Co., NO. 2006-CA-1069,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 7, 2007, Decided
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Overview: From a four-car collision, summary judgment in favor of the first car's driver was proper as the second and third cars were able to stop in time to avoid the collision. Therefore, as a matter of law, the first car driver and her insurer could not be held liable for any damages sustained by the insured in the second car.
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| Pomier v. Moreland, 06-1117,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: Trial court abused its discretion in only awarding injured driver $ 25,000 in general damages for a herniated cervical disc and in accordance with the stipulation that the driver's cause of action did not exceed $ 50,000, the general damage award was increased to $ 37,593, which was subject to an 80% reduction due to driver's comparative fault.
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| Sam v. Direct Gen. Ins. Co., 06-1116,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 7, 2007, Opinion Rendered
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Overview: The district court erred in finding that one of the patient's medical provides failed to perfect their privilege because its second notice satisfied the requirements of La. Rev. Stat. Ann. § 9:4753 since it revealed, in part, the name and address of the injured party, and it was mailed by certified mail with return receipt requested.
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| Schexnayder v. Gish, No. 41,819-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 7, 2007, Judgment Rendered
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Overview: Judgment sustaining the owners exception of no right of action was affirmed because La. Rev. Stat. Ann. § 37:1445 required the consultants to allege that they had a license to broker real estate to initiate an action to recover a real estate commission, and the consultants did not make the necessary allegation in their petition.
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