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| Audubon Trace Condo. Ass'n v. Brignac-Derbes, Inc., NO. 05-CA-715,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: Trial court had not erred in finding manifestation theory applied and in granting summary judgment to condominium developer's insurers based on finding damage manifested itself after insurers' policy periods; policies covered construction period of 1984 to 1991 and prior arguments of condo association revealed damage had not manifested until 1995.
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| Benjamin v. E.J. Halverson & Assocs., NO. 05-CA-772,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: Ohio court was not without personal jurisdiction over the Louisiana company when it rendered summary judgment in favor of the liquidator because by filing the proof of claim forms in the Ohio liquidation proceeding, the company voluntarily consented to jurisdiction of the Ohio court.
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| Brennan's House of Printing, Inc. v. Brennan, NO. 05-CA-647 C/W 05-CA-648,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: In shareholders' challenge to the determination of the number of issued shares of stock in a closely held family corporation, the judge in this bench trial did not err by permitting the expert's testimony as it was the judge's decision under La. Code Evid. Ann. art. 704 to either accept of reject the expert's opinion based upon the other evidence.
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| Gentry v. W. Jefferson Med. Ctr., NO. 05-CA-687,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: In an injured party's suit alleging that fumes from pool work at a medical center had caused him various injuries, neither the medical center nor a general contractor had made any payment or sustained any loss; thus, their claims against the contractual indemnitors, the general contractor and a maintenance company respectively, were premature.
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| Hughes v. New Orleans Saints, NO. 05-CA-712,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: A finding in favor of a professional football player in a workers' compensation action was improper where football team was entitled to a dollar-for-dollar credit for the $ 60,000.00 paid to the football player pursuant to the severance agreement because La. Rev. Stat. Ann. § 23:1255(D) (repealed 2004) was effective when the contract was signed.
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| Lasseigne v. Baker, NO. 05-CA-734,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: In judicial partition, court erred in finding co-owner was liable to other owners for property taxes and demolition costs of condemned building on land since they did not file reconventional demand; first pleading that raised owners' claim was their pretrial statement which was not served on co-owner as per La. Code Civ. Proc. Ann. art. 1314.
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| Phipps v. Allstate Ins. Co., NO. 05-CA-651,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: Trial court did not err in finding driver was negligent as court did not find that he, as the following motorist in a rear-end collision, rebutted presumption that he was negligent by showing he had his vehicle under control, closely observed injured driver's vehicle, and followed it at a safe distance considering the rainy weather conditions.
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| State v. Banks, NO. 05-KA-830,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: Store manager's testimony that he determined value of two VCR/DVD combos stolen by defendant to have been "a little bit over $ 300" by personally scanning items and printing simulated receipt was sufficient evidence of the value of goods for defendant's La. Rev. Stat. Ann. § 14:67.10 conviction for theft of goods valued between $ 100 and $ 500.
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| State v. Burciaga, NO. 05-KA-357,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: On appeal of conviction for possession of hydrocodone, a violation of La. Rev. Stat. Ann. § 40:967C, court found officer did not exceed his authority under La. Code Crim. Proc. Ann. art. 215.1; he had reasonable suspicion for valid Terry stop, defendant was not forcibly detained when protective frisk was completed, and vicodin was in plain view.
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| State v. Davis, NO. 05-KA-733,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, February 27, 2006, Decided
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Overview: Defendant's conviction for second-degree murder in violation of La. Rev. Stat. Ann. § 14:30.1 was proper where the evidence was sufficient to support the conviction. A deputy recovered a knife from a trash can 200 feet away from the victim's apartment and it was inside a drink box like the ones found in the victim's apartment.
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