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| Jones v. Gaines, No. 41,890-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: In wrongful death case, court did not err in granting summary judgment to department of public safety (DPS); DPS did not know of patient's hazardous mental condition thus there was nothing to trigger a duty to investigate under La. Rev. Stat. Ann. § 32:414(E)(8), and failure of state mental heath clinic to file report could not be imputed to DPS.
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| Marks v. New Orleans Police Dep't, NO. 2005-CA-0307,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: Civil Service Commission's (CSC) upholding of termination of police sergeant by city police department was not arbitrary or capricious; inter alia, officer admitted transporting civilians across state lines in purely personal capacity in violation of department regulations and there were no mitigating factors other than he was "messed up" at time.
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| Mays v. Safeway Ins. Co., No. 41,911-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Considering evidence before trial court as well as explicit statutory authority, La. Rev. Stat. Ann. § 32:79, appellate court could not see how any percentage of fault could have been attributed to car driver; accident was due solely to truck driver's negligence in failing to ascertain it was safe for him to change lanes before attempting to do so.
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| McCoy v. Brock, No. 41,948-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Trial court properly denied maternal grandparents' request for a paternity test under La. Rev. Stat. Ann. § 9:396 for one of the children as the issue of paternity was not relevant as the sole ground for modification of the child custody arrangement, where the child and her sister were living with the father.
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| Nat'l Auto. Ins. Co. v. Champ's New Orleans Collision Ctr., LLC, NO. 2006-CA-1144,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: Where a vehicle at a repair shop was damaged during a hurricane, the repair shop and its insurer were entitled to summary judgment as to a reimbursement claim because, under La. Civ. Code Ann. art. 2930, the repair shop exercised reasonable care to take precautions against reasonable foreseeable damage to the deposited property.
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| Northeast Realty, L.L.C. v. Misty Bayou, L.L.C., No. 41,873-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Tax title was properly quieted under La. Rev. Stat. Ann. § 47:2228 where judgment conformed to La. Rev. Stat. Ann. § 47:2183 B; assignees to record owner's litigious rights did not require notice of tax title confirmation under La. Code Civ. Proc. Ann. arts. 1701, 1702 because they had been dismissed from suit and tax deed cancelled all mortgages.
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| Object Tech. Info. Specialists Corp. v. Sci. & Eng'g Assocs., NO. 2006-CA-0162,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: In a contract dispute, a subcontractor was unable to avoid a provision providing for resolution of disputes by a contracting officer while trying to enforce provisions of the contract relating to termination; therefore, exceptions of prematurity and improper venue should have been sustained.
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| Pratt v. La. State Med. Ctr., No. 41,971-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Trial court did not err in finding patient's claim that in 2003 doctor supposedly yelled at her, thereby humiliating and demeaning her in the presence of others, sounded in intentional tort under La. Civ. Code Ann. art. 2315, not medical malpractice and thus claim, filed in 2006, was prescribed on its face pursuant to La. Civ. Code Ann. art. 3492.
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| Singleton v. Payne Serv., NO. 2006-CA-1385,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, February 28, 2007, Decided
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Overview: Workers' compensation judge did not err in finding employee did not meet her burden of proof that her ulcerated nasal septum was caused by inhalation of caustic chemicals at refinery where she was working, as record was devoid of any evidence, other than employee's statements, that there was a release of toxic fumes in area where she was working.
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| State ex rel. C.N. v. Hawkinberry, No. 42,085-JAC,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, February 28, 2007, Judgment Rendered
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Overview: Even though a child's father lived nearby a foster care provider, the decision to leave the child in foster care after he had been adjudicated a child in need of care was an appropriate disposition under La. Child. Code Ann. art. 681(A) due to the fact that the father and son had no contact prior to 2005, and visitation had been intermittent.
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