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| Caldwell v. Griggs, No. 40,838-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Summary judgment was properly granted to a landowner on his neighbors' claim for damages when the landowner's preliminary injunction was reversed as the trial court had discretion in determining that this was not an appropriate case for a damage award under La. Code Civ. Proc. Ann. art. 3608, even though it was a wrongfully issued injunction.
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| Davis v. Lazarus, NO. 2004-CA-0582,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 8, 2006, Decided
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Overview: In a patient's medical malpractice case, the trial court abused its discretion in granting the patient's motion for a JNOV under La. Code Civ. Proc. Ann. art. 1811 as the jury's verdict that the doctor's breach of the standard of care was not a cause of the patient's damages was supportable by a fair interpretation of the evidence.
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| Douglas v. Isle of Capri, No. 40,651-WCW,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: In an employee's disputed workers' compensation claim, the office of workers' compensation properly ordered the employer to pay the cost of the employee's initial visit with a physician of his choosing as La. Rev. Stat. Ann. § 23:1203 empowered it to do so prior to the presentation of proof that the employee suffered from an occupational disease.
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| Ducote v. Frank, 05-1143,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 8, 2006, Opinion Rendered
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Overview: Flagman directed a driver and her passenger into construction area without taking proper precautions to ensure that they would be able to proceed safely to the other side. Construction company was in a superior position to prevent an accident with a piece of construction equipment. Thus, sole responsibility for the accident rested with the company.
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| Fields v. Am. Cent. Ins. Co., No. 40,738-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: While record did not establish exact date La. Rev. Stat. Ann. § 32:900(L) named driver exclusion was executed, it was executed prior to issuance of father's policy and prior to accident allegedly caused by son, the excluded driver, and exact date of execution was not material fact precluding summary judgment in favor of father's insurer.
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| Fleet Fuel, Inc. v. Mynex, Inc., NO. 40,683-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: City court was correct in granting summary judgment in favor of chairman of company's board because there was nothing to indicate that chairman signed credit application in his personal capacity and, as required under La. Civ. Code Ann. art. 3038, intended to be bound, as all of the information submitted in credit application pertained to company.
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| Golden v. Patient's Comp. Fund Oversight Bd., No. 40,801-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: In a wife's medical malpractice claim, the trial court correctly concluded that the Patient's Compensation Fund Oversight Board exceeded its authority in interpreting that her filing fee was untimely remitted as the Board had no such authority under La. Rev. Stat. Ann. § 1299.47(A)(3) to issue a declaration stopping the panel review process.
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| Horseshoe Entm't v. Lepinski, No. 40,753-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: Trial court did not err in denying employee's motion to stay the proceedings pursuant to La. Rev. Stat. Ann. § 9:4202 and to compel arbitration of parent company's claims under a stock option agreement where the option agreement did not contain an arbitration agreement and did not fall within the employer's employment contract arbitration clause.
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| Howard v. Willis-Knighton Med. Ctr., No. 40,634-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: A finding against the class members in a class-action lawsuit was proper where the class members failed to show commonality as required by La. Code Civ. Proc. Ann. art. 591(A)(2). The class members failed to show that common issues predominated over individual issues.
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| Humphries v. Cooper Truck Ctr., No. 40,586-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, March 8, 2006, Judgment Rendered
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Overview: In negligence and product liability suit, court had not erred in granting summary judgment prior to completion of discovery; injured truck driver had ample time to conduct discovery as matter had been pending for over 7 years and there was no reasonable explanation why he failed to name truck seat manufacturer as defendant earlier in proceedings.
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