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| Alexander v. Amelia Manor Nursing Home, Inc., 05-948,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Court did not err in dismissing negligence claims against a nursing home for patient's death as there was no proof home breached standard of care; no expert testified procedure employed by staff for monitoring or attending patient was inadequate and there was no evidence that had they responded more quickly patient's life would have been extended.
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| Alexander v. Gary, 05-1127,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Decided
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Overview: Dismissal of a claimant's tort action pursuant to a driver's exception of prescription was affirmed because it was undisputed that the claimant's action was filed more than one year after the automobile accident, and there was no stipulation pour autrui.
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| Amador v. Reggie, 05-976,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Appellate court affirmed the grant of no right of action under La. Code Civ. Proc. Ann. art. 927(A)(5) by the trial court in favor of defendants against a lawsuit filed by the sole shareholders of a corporation that went bankrupt because the claims that the shareholders sought to enforce were claims that belonged solely to the corporation.
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| Brack v. Ferrington, 05-784,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Trial court erred as matter of law when applying standard of review in its grant of JNOV because it found that reasonable and fair-minded persons in the exercise of impartial judgment could have ruled in favor of the movant and case did not support JNOV because evidence did not rise to standard of being so overwhelmingly in injured driver's favor.
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| Brown v. Brown, 05-1346,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Modification of child custody was reversed and remanded, and the father was awarded sole custodian of the children because the mother did not allege nor was evidence adduced to support any claim that the father was an unfit parent, and the mother acknowledged that the father was a good parent.
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| Capdeville v. Winn-Dixie Store #1473, 05-870,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: WCJ erred in denying the employee's request for penalties and attorney fees under La. Rev. Stat. Ann. § 23:1201(F) because the employer did not "reasonably controvert" the employee's request for required medical treatment for a work-related injury; rather the employer had agreed and had been ordered to authorize treatment on 3 different occasions.
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| Capitol Anesthesia Group, P.A. v. Watson, 05-1020,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Where exception of improper venue was predicated on status of main demand, specifically, that main demand no longer existed, trial court did not err in rejecting exception. There had been no final judgment dismissing main demand; thus it was still pending, and movant conceded principal action in insured's home parish was instituted in proper venue.
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| Coleman v. Thompson, 05-857,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006 Opinion Rendered
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Overview: Appellate court affirmed the dismissal of an inmate's complaint for not being released to a work release program as the inmate did not exhaust his administrative remedies under La. Rev. Stat. Ann. § 15:1171 et seq. and did not comply with La. Admin. Code tit. 22, § XI.325(F)(2)(a) and (b) in seeking administrative assistance.
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| Collins v. Iberia Parish Sch. Bd., CA 05-834 consolidated with CA 05-833, CA 05-836,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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