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| Cottle v. Conagra Poultry Co., CA 06-1160,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 14, 2007, Decided
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Overview: In a negligence action against a premises owner, a judgment in favor of an injured party was amended because there was a mathematical error in the calculation of a truck driver's weekly wages, plus the disability period found by the trial court was incorrect.
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| Cyrus v. U.S. Agencies Ins. Co., No. 41,826-CA, No. 41,827-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 14, 2007, Judgment Rendered
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Overview: Both drivers were apportioned 50 percent of the responsibility for causing a car accident because both were inattentive. Both parties stated that neither saw the other vehicle until impact and neither took evasive action. Neither party saw what she should have seen and that failure on both their parts resulted in the collision.
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| First Thrift & Loan, L.L.C. v. Griffin, NO. 41,666-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 14, 2007, Judgment Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 9:4802 of the Louisiana Private Works Act, La. Rev. Stat. Ann. § 9:4801 et seq., because laborers who performed work on the homeowners' home never filed a statement of lien, they were not creditors of the homeowners, and did not have a valid claim to assign to the bank, which had no greater right than the laborers.
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| In re Ramsey, NO. 07-B-0006,
SUPREME COURT OF LOUISIANA, March 14, 2007, Decided
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Overview: Lawyer was suspended from the practice of law for a period of one year and one day as his failure to communicate with clients, to refund an excessive fee, to provide accountings and/or refund unearned fees, and to return client files constituted violations of La. St. Bar art. XVI, R. 1.4, 1.5, 1.5(f)(5)-(6), 1.16(d).
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| Jamison v. D'Amico, NO. 2006-CA-0842,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 14, 2007, Decided
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Overview: In a worker's suit against a building owner for injuries sustained when a floor collapsed beneath he, summary judgment in favor of the owner was proper as the owner was under no duty to inspect the premises, and a lessor/lessee arrangement was in place whereby the tenant had dominion and control of the premises under La. Rev. Stat. Ann. § 9:3221.
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| Landry v. Forest River, Inc., CA 06-1424,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 14, 2007, Decided
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Overview: Because a manufacturer and a seller were solidarily bound, the settlement between seller and the purchasers entitled manufacturer to benefit from that settlement under La. Civ. Code Ann. art. 1803, and therefore, manufacturer did not have to prove seller shared in any fault for defective camper in order to have received credit for the settlement.
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| Lee v. Heritage Manor, No. 41,828-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 14, 2007, Judgment Rendered
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Overview: In a workers' compensation case, under La. Rev. Stat. Ann. § 23:1221(3)(a), the employee was entitled to post-termination supplemental earning benefits of $357 per month because the employer presented no evidence that the employee was physically able to perform a certain job and that the job was offered to her or available to her.
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| Lindsey ex rel. Lindsey v. Caddo Parish Sch., No. 41,854-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 14, 2007, Judgment Rendered
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Overview: The finding against a mother was proper in her action alleging that a search of her son at school was inappropriate because the brief searches for another student's money that were conducted were effective and were only as intrusive as required by the circumstances. School settings contained a lesser expectation of privacy.
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| Menard v. Audubon Ins. Group, 06-1192,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 14, 2007, Decided
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Overview: Even if appellate court agreed with an injured driver that trial court erred in restricting her treating chiropractor's testimony, the appellate court would not disregard jury's verdict by conducting a de novo review, given the extensive testimony about causation, recommended treatment, and diagnostic studies from her other health care providers.
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