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| Lacombe v. Bank One Corp., 06-1374,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Where a doctor exercised ordinary care in the conduct of his practice, and a bank failed to follow its own policies in depositing business checks into the personal account of the doctor's employee, the bank was properly found to be 100 percent at fault under La. Rev. Stat. Ann. § 10:3-406.
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| LeBlanc v. LeBlanc, 06-1307,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: In a child custody contempt proceeding, La. Rev. Stat. Ann. § 13:4611, a court erred in offering an alternative to jail in the form of a mother's submitting documentation to the father of her efforts to improve the relationship between the father and the child because it directed her into a personal servitude to the father without time limitations.
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| Lowrey v. Borders, NO. 41,852-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 7, 2007, Judgment Rendered
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Overview: In medical malpractice suit, patient claimed radiologist and other physician failed to diagnose and treat; however, dismissal of suit against radiologist was proper, pursuant to La. Rev. Stat. Ann. § 9:2794(A), because patient did not show factual support in form of expert opinion concluding that radiologist fell below standard of care.
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| Manning v. Barrilleaux, 06-1394,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Trial court's award of $ 1,000 for general damages in minor traffic accident case, while on the low side, was appropriate considering that the treating doctor's own comments could reasonably have led to conclusion that symptoms were exaggerated or prolonged for litigation purposes and court's conclusion passenger lacked credibility was reasonable.
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| Mayo v. Doherty, 06-1187,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Dismissal of petition pursuant to peremptory exception of no cause of action was affirmed because the heirs failed to allege that they had been deprived of their property without due process, when the heirs did not allege that the administrator failed to comply with the requirements for a private sale.
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| Miller v. Blacktype Farms, WCA 06-1202,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: WCJ erred in finding employee was analogous to employees in "bunkhouse" cases and in finding she was a 24 hour a day employee and regardless of which version of events testified to was true, she was within course and scope of her employment when she was injured; inter alia, residence was not mainly provided to the employee for benefit of employer.
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| Patton v. Self, 06-1029,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Officers' use of force in arresting a driver was excessive because, following use of the pepper spray, the driver, who verbally indicated she would comply and exit the vehicle, was not given a reasonable time to do so; rather, the officers forcibly grabbed her and threw her to the ground, placed a knee in her back, and handcuffed her.
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| Romero v. Northrop Grumman Corp., WCA 06-1210,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Workers' compensation claimant's condition was causally related to workplace exposure to toxic chemicals but WCJ did not err in terminating, inter alia, claimant's intravenous immuno gamma globulin (IVIg) treatment, manual lymphatic drainage therapy, and ear candling; under La. Rev. Stat. Ann. § 23:1203A they were not necessary medical treatments.
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| Slayter & Slayter, LLC v. Ryland, 06-1385,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Where a former employee held the position of office manager/comptroller when unauthorized checks were written, a later action against the employee to recover this money was not prescribed because a ten-year prescriptive period under La. Civ. Code Ann. art. 3499 applied due to the fiduciary relationship.
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| State in re D.H. v. A.E.F., 06-1041,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 7, 2007, Decided
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Overview: Under La. Child Code Ann. art. 1051(5), considering (1) there was no reasonable expectation that mother's drug dependency would change in near future; and (2) daughter's age and her need for safe, stable, and permanent home, daughter's best interest was served by terminating mother's parental rights and releasing her for adoption by foster family.
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