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| Arroyo v. E. Jefferson Gen. Hosp., NO. 06-CA-799,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Trial court erred in granting summary judgment to hospital in medical malpractice case regarding care by emergency room doctor who hospital claimed was an independent contractor; inter alia, trial court had to determine whether there were genuine issues of fact regarding degree of control possessed by the hospital over the emergency room physician.
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| Austin v. State Farm Ins. Co., NO. 06-CA-808,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Trial court did not err in granting insurer's exception of prescription as insureds filed their petition for damages well over two years after the accident and accordingly, their claim was prescribed on its face and there was no evidence in record a medical review panel complaint was ever introduced by parents to have tolled statute of limitations.
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| Black v. Anderson, NO. 06-CA-891,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: In a case arising from a car accident, a claim against an insurer under the UM provision of an insurance policy was dismissed because an appellate court was required to render judgment based on the record under La. Code Civ. Proc. Ann. art. 2164; neither party introduced a settlement agreement regarding the dismissal of other parties into evidence.
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| Brewton v. State Dep't of Health & Hosps., NO. 06-CA-804,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Where relatives provided services to a patient that were not duplicative of the services provided by a nursing home, there was valuable consideration for the transfer of money derived from the sale of the patient's residence; therefore, she was not rendered ineligible for Medicaid under 42 U.S.C.S. § 1396p(c)(1).
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| In re Intra Family Adoption of A.G.T., NO. 06-CA-805,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Biological father failed to comply with child support order for more than six months without just cause, and failed to visit, communicate, or attempt to communicate with his child for at least six months without just cause. Thus, he forfeited his right to object to adoption of his child by her stepfather, La. Child. Code Ann. art. 1245(C)(1)-(2).
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| Jarrell v. W. Jefferson Med. Ctr., NO. 06-CA-889,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Pursuant to La. Civ. Code Ann. art. 3492, because the patient's suit for tort damages was filed more than one year after the incident, the action had prescribed; prescription was not interrupted, La. Civ. Code Ann. art. 1799, where patient did not prove in the trial on the exceptions. Patient was allowed to amend his petition and allege new facts.
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| Johnson v. Kerry Brown, LLC, NO. 06-CA-925,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Pursuant to La. Code Civ. Proc. Ann. art. 1915(B)(1)(2), the judgment granting an attorney's motion for security for costs was not a final judgment as it did not address the merits of the client's original petition, the alleged legal malpractice, and it had not been designated as final for purposes of appeal by the trial court.
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| Moise v. Moise, NO. 06-CA-876,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Trial court did not err in determining that L.L.C. was separate property for the husband for which the community was entitled to reimbursement for expenses; under La. Rev. Stat. Ann. § 12:1337, even had the L.L.C. been a community asset, the husband would have been entitled to the return of his separate property upon the winding up of the L.L.C.
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| Reggio v. Reggio, NO. 06-CA-800,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Mother's objection to hearing officer recommendations was timely filed under La. Rev. Stat. Ann. § 13:717 F. Pursuant to La. Rev. Stat. Ann. § 9:315.2, in order to determine child support, the trial court had to determine the father's average monthly income, whether or not he was underemployed, and what income had to be attributed to the mother.
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| St. Pe' v. Jefferson Parish Dep't of Pub. Works, NO. 06-CA-779,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 13, 2007, Decided
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Overview: Jefferson Parish Personnel Board did not commit manifest error in determining that employee was sleeping on the job and in dismissing the employee's appeal, La. Rev. Stat. Ann. § 33:2561; testimony and evidence presented reasonable basis for findings that employee was sleeping on the job after being warned that it could be reason for termination.
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