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| Bergeron v. Argonaut Great Cent. Ins. Co., NUMBER 2006 CA 0813,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: Summary judgment was granted to the State of Louisiana, Department of Health and Hospitals, in a case arising from a customer's illness caused by eating raw oysters because it fulfilled its duty of ensuring that the restaurant involved had the warning signs required by La. Admin. Code tit. 51, § XXIII.1109.
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| Breitenbach v. Stroud, NUMBER 2006 CA 0918,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: In personal injury suit, court did not err in admitting evidence of plaintiff's guilty plea and felony conviction for possession of Schedule II narcotic to be submitted to jury; as the felony was punishable by more than 6 months, evidence of name of crime for which she was convicted was admissible under La. Code Evid. Ann. art. 609 for impeachment.
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| Grevemberg v. G.P.A. Strategic Forecasting Group, Inc., NO. 2006 CA 0766,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: A default judgment in an action seeking recovery of money owned under a promissory note was reversed where the original promissory note was not introduced into evidence, as required under La. Code Civ. Proc. Ann. art. 1702, and the general evidentiary rule of La. Code Evid. Ann. art. 1002.
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| Kinchen v. Livingston Parish Council, 2006 CA 0301,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Date of Judgment
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Overview: Taxpayer's petition, seeking declaration that document transaction tax was unconstitutional, was properly dismissed, as trial court correctly applied La. Rev. Stat. Ann. § 47:2110 to concluded that taxpayer was afforded procedure to test validity of tax and she did not timely avail herself of that remedy. Petition failed to state cause of action.
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| Matthews v. Shelter Mut. Ins. Co., 2006 CA 0640,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 22:680(1)(f), insured's friend could only rely on information given to her by the insured as to how the accident occurred; the friend was not in an independent position to say how the accident occurred and could not testify that the insured's injuries were the result of the actions of the driver of another vehicle.
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| Rogers v. Dickens, NO. 2006 CA 0898,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: A trial court's judgment granting a joint motion for contempt and ordering a wife's attorney to pay attorney fees and costs was reversed where there was no direct court order or other basis imposing a duty on the wife to disclose an imminent surgery and thus, finding constructive contempt under La. Civ. Code Ann. art. 224(10) was error.
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| Shaw v. Dupuy, 2006 CU 0546,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Date of Judgment
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Overview: The inability of a mother and her parents to communicate and the mother's alleged concern for an encroachment on an inheritance she believed her children were entitled to receive did not amount to extraordinary circumstances under La. Civ. Code Ann. art. 136B to support an award of visitation to the noncustodial, maternal grandparents.
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| Signlite, Inc. v. Northshore Serv. Ctr., Inc., NO. 2005 CA 2444,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: Pursuant to La. Code Civ. Proc. Ann. art. 1702, gas station was not liable for balance due to sign company until completion of installation of sign, and there was no evidence to indicate that company completed installation; findings were contrary to law and entitled station and agent to a new trial pursuant to La. Code Civ. Proc. Ann. art. 1972(1).
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| Webb v. Parish of St. Tammany, 2006 CA 0849,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 9, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted in favor of the recreational district on the motorcycle operator's personal injury claim where he failed to introduce evidence that an unreasonably dangerous condition existed on the park property. Pursuant to La. Rev. Stat. Ann. § 9:2795, the operator went to the park to participate in recreational activities.
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