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| Duncan v. U.S.A.A. Ins. Co., No. 2006-CC-0363,
SUPREME COURT OF LOUISIANA, February 16, 2007, Decided
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| Broussard v. Medical Protective Co., NUMBER 06-331,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 21, 2007, Opinion Rendered
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Overview: Jury's finding that doctor did not fail to meet standard of care was manifest error; doctor testified patient was discharged from hospital without cardiac ischemia being ruled out and that was most damning testimony as he clearly admitted he breached standard of care in failing to rule out potentially life threatening condition prior to discharge.
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| Coie v. Coie, No. 42,077-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 21, 2007, Judgment Rendered
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Overview: Court erred in maintaining a protective order issued under Domestic Abuse Assistance Act, La. Rev. Stat. Ann. § 46:2131, et seq., as order had expired but, there were other viable orders that provided for father to have only supervised visitation with children which served to protect them thus enforcement of supervised visitation was not in error.
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| Mathies v. Blanchard, NUMBER 2006 CA 0559,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 21, 2007, Judgment Rendered
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Overview: In a cross-claim, which arose out of car collision, filed by an insured against her insurer, trial court properly granted a dilatory exception of prematurity, pursuant to La. Code Civ. Proc. Ann. art. 926(A)(1), because, in the absence of an excess judgment, insured could not prove the full extent of damages.
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| Rogers v. Graves, NO. 2006 CA 0648,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 21, 2007, Judgment Rendered
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Overview: In personal injury suit filed by insured against negligent driver in which both were covered by the same insurer, trial court committed legal error when it granted insurance company credit for property damage payment it had previously made to insured, in its capacity as her collision coverage carrier, and in not applying the collateral source rule.
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| Stoshak v. E. Baton Rouge Parish Sch. Bd., NUMBER 2006 CA 0852,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, February 21, 2007, Judgment Rendered
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Overview: Because teacher's injuries resulted from a battery by a student, as student hit him while attempting to hit another student, parish school board was obligated to provide teacher with leave without reduction in pay for duration of his disability as he was entitled to benefits under "assault pay" provision of La. Rev. Stat. Ann. § 17:1201(C)(1)(a).
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| Trahan v. Bertrand, NO. 06-1274,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 21, 2007, Opinion Rendered
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| Trahan v. Bertrand, NO. 06-1271,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, February 21, 2007, Opinion Rendered
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Overview: Liberative prescriptive period did not apply to a sister's cause of action against her brother as it was based on alleged prohibited donations omnium bonorum under La. Civ. Code Ann. art. 1498; once the donation was an absolutely nullity, it could not become legitimate again.
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