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| Fox v. Anderson, 05-934,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Record supported trial court's determination that police officer was 75% at fault for an accident with delivery truck because La. Rev. Stat. Ann. § 32:24(D) required emergency vehicles to drive with due regard for safety, yet officer passed at high speed in a no-passing zone, on wet roads, and was responding to a stalled car outside his parish.
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| Graham v. Payne, 05-925,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Portion of a declaratory judgment casting a money judgment against an insurer was absolutely null because although the insurer provided a policy of insurance for a driver, it still had the right to defend itself against actions brought against its insured.
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| Hebert v. Hollier, 05-1136,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: A trial court erred as a matter of law in denying a sheriff's motion to rescind tax redemption because an attorney's redemption of the property at issue was not valid where the attorney was not acting on behalf of an owner or any person interested in the property personally, as required by La. Rev. Stat. Ann. § 47:2224.
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| Johnson v. City of Pineville, 05-1054,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Trial court did not err in granting the city's peremptory exception of no cause of action because the employee's amended petition failed to allege facts sufficient to address the factors provided in La. Rev. Stat. Ann. § 42:1441.3, determining who was the master of an appointed public employee.
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| Knisely v. Knisely, 05-1015,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Trial court properly awarded custody of a child pursuant to La. Civ. Code Ann. art. 134 to his stepmother after his father died as the child's best interest was better served by allowing him to remain with the only mother he had ever known and close to his friends, school, and extended family, rather than his 71-year-old grandmother.
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| M & L Indus., L.L.C. v. Hailey, 05-940,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Business's suit for refund shortages against its insurer was perempted as the business had constructive knowledge of its cause of action for the shortages complained of over a year before it filed suit, outside the limitation period of La. Rev. Stat. Ann. § 9:5606, when the business received the first refund after correspondence from its attorney.
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| Metro Elec. & Maint., Inc. v. Bank One Corp., 05-1045,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Court erred in failing to apportion some fault to electric company, pursuant to La. Civ. Code Ann. art. 2323, in its negligence action against bank because while bank was clearly negligent in failing to notice that checks deposited into computer company's account were made payable to electric company, the owner of both companies was also negligent.
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| Miller v. State Farm Mut. Auto Ins. Co., 05-1032,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Appellate court affirmed trial court's determination that each party was 50% at fault for an accident that occurred in a parking lot as the trial court's determination was not clearly erroneous.
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| Mitchell v. Limoges, 05-832,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 1, 2006, Opinion Rendered
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Overview: Family's claims of sexual abuse of minor children and wrongful death of one of the children against a priest and the diocese were prescribed as prescription began to run in 1981 when the family discovered the abuse, and the actions had already prescribed by the time La. Civ. Code Ann. art. 3469 became effective.
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