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| Adams v. O'Connell, NO. 2006-C-0139,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: Trial court erred in denying doctor's peremptory exception of prescription on the patient's medical malpractice claim where the patient admitted that she had knowledge in April or early May 1999, which connoted that her alleged malpractice claim prescribed prior to her August 2000 request for a medical review panel, La. Rev. Stat. Ann. § 9:5628.
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| Bertrand v. La. Parole Bd., 2006 CA 0871,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment rendered
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Overview: A released inmate's parole was properly revoked, La. Rev. Stat. Ann. § 15:574.9B, because he was arrested for retaliation against a police officer, assault on a public servant, criminal mischief, assault on his girlfriend, and the inmate pleaded guilty to the assault of his girlfriend; in addition, a Texas court sentenced him to six months in jail.
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| Crawford v. Pontchartrain Materials, NO. 2006 CA 1780,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment rendered
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Overview: Court did not err in finding claimant sustained compensable work-related accidental injury to his back and in assessing penalty of $ 2,000 and attorney fees in amount of $ 10,000 for employer's failure to reasonably controvert the claim; inter alia, no evidence or testimony contradicted the occurrence of the incident or that claimant was disabled.
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| Declues v. Carubba Eng'r, Inc., NO. 2006-CA-1336,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: Denial of workers' compensation benefits was affirmed because there was no language in the contract between the property owner and contractor describing the owner as a "statutory employer," and the law clearly indicated that the owner could not be held liable for the injuries suffered by the claimant, as the owner was not considered a "principal."
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| Denson v. Diamond Offshore Co., NO. 2006-CA-0568,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: Court erred in awarding summary judgment to gas and oil corporation in negligence action under Jones Act brought by employee of offshore company because genuine issues of material fact existed as to whether the corporation retained operational control in drilling contract with offshore company, which determined whether it was liable for negligence.
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| Gomon v. Melancon, NUMBER 2006 CA 2444,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Workers' compensation judge improperly rendered summary judgment in favor of employer by finding that the employee was not in the course and scope of his employment at the time of the accident, La. Rev. Stat. Ann. § 23:1031(A); considering the evidence, reasonable minds could differ regarding whether the employee was working at the time of injury.
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| Great W. Cas. Co. v. State, NO. 2006 CA 1776, NO. 2006 CA 1777,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Trial court properly applied collateral source rule where Minnesota Department of Labor and Industry Special Compensation Fund had statutory right of subrogation to driver's claims against Louisiana Department of Transportation and Development (DOTD) but waived this right. Trial court did not err in assessing 100 percent of fault against DOTD.
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| Holt v. Richardson, NO. 2006-CA-1323 CONSOLIDATED WITH: NO. 2006-CA-1324,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 28, 2007, Decided
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Overview: Surgical mesh was not a "foreign body" but was considered a "fixation device" as it was intended to remain in patient permanently, absent infection, therefore, to meet her La. Rev. Stat. Ann. § 9:2794 burden of proof patient had to present expert testimony about whether mesh should have all been removed when doctor removed only infected material.
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| In re Dixon, NUMBER 2006 CA 0950,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Ethics board was not permitted to find that a school board member violated La. Rev. Stat. Ann. § 42:1116A based on conduct that was not set forth in an official notice given to the member because this violated due process under U.S. Const. amend. V, U.S. Const. amend. XIV, La. Const. art. I, § 2, and La. Rev. Stat. Ann. §§ 42:1141E, 49:955G.
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| Johnson v. E. Baton Rouge Parish Sch. Bd., NO. 2006 CA 1010,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 28, 2007, Judgment Rendered
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Overview: Permanent total disability benefits were awarded to a benefits claimant because he met the standards set forth in La. Rev. Stat. Ann. § 23:1221(2)(c) and La. Rev. Stat. Ann. § 23:1226(D); although he was able to perform part-time sedentary work, the claimant was limited by his vocational rehabilitation skills, his education, and other factors.
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