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| Chesser v. Royal & Sunalliance Ins. Co., NO. 05-CA-678,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: In an uninsured/underinsured motorist insurance policy dispute, driver, who was involved in accident, was covered by insurer's policy, despite his contractor's policy with another insurer because coverage attached to the person of the insured and not driver's vehicle, pursuant to La. Rev. Stat. Ann. § 22:1406(D) and case law.
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| Gulf Nat'l, L.L.C. v. Alfortish, Inc., NO. 05-CA-804,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Where an assignor and its assignee maintained possession of the pledge given to it by defendant to secure three promissory notes, the prescription of the underlying debt remained interrupted, and the trial court erred in granting defendant's exception of prescription.
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| Harris v. DeBrueys, NO. 05-CA-750,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Where a driver violated La. Rev. Stat. Ann. § 32:122 and struck an individual while executing a left hand turn, the trial court was not clearly erroneous in finding that the driver was 90% at fault. The appellate court increased the award of general damages however, as the individual was symptomatic for 20 months.
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| Hurtado v. CJC Serv., NO. 05-CA-736,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Dismissal of a claimant's claim for workers' compensation benefits due to the lack of subject matter jurisdiction was affirmed as the claimant was living and working in Georgia when injured and there was no evidence to support the claim that he working under a contract for hire made in Louisiana pursuant to La. Rev. Stat. Ann. § 23:1035.1.
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| Jackson v. Hous. Auth., NO. 05-CA-665,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Appellate court affirmed the dismissal of an employee's complaint because the employment contract gave the employer the option of firing the employee without cause, and the employer paid the employee her back pay within three days of her termination as required by La. Rev. Stat. Ann. § 23:631A(1)(a) (2000).
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| John Cherbonnier Constr. v. Big Easy Roofing, Inc., NO. 05-CA-803,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Appellate court reversed a judgment in favor of a subcontractor because the subcontractor's testimony along with general receipts were not sufficient "corroborating evidence" under La. Civ. Code Ann. art. 1846 to establish the existence of an oral contract in excess of $500.
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| Jones v. Briscoe, NO. 05-CA-646,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Former building owners were not liable under La. Civ. Code Ann. art. 2315 because an "as is" claim between the former owners and the current owners of the building relieved the former owners of any liability for any injury occurring as a result of a defective condition in the property.
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| Patrick v. Iberia Bank, NO. 05-CA-783,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Trial court did not abuse its discretion in accepting an affidavit from bank teller that established certain facts before the teller decided to call the police and report an individual, as underlying facts in the affidavit were not hearsay under La. Code Evid. Ann. art. 801(C), as the facts were not offered for the truth of the matter asserted.
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| State v. Atkins, NO. 05-KA-823,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: In challenge to denial of motion to suppress evidence, trial court erred in not granting motion. State did not meet its burden of demonstrating that the stop was valid under the Fourth Amendment and La. Const. Art. 1, § 5 because it failed to establish sufficient corroborating circumstances to establish suspicion of criminal activity.
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| State v. Norman, NO. 05-KA-794,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 14, 2006, Decided
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Overview: Sufficient evidence existed to convict defendant of second degree murder in violation of La. Rev. Stat. Ann. § 14:30.1 because where defendant fired a gun at the victim, there was specific intent under La. Rev. Stat. Ann. § 14:10(1) to cause great bodily harm.
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