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| B.W.S. v. Livingston Parish Sch. Bd., NUMBER 2007 CW 0137,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Writ application was denied because an appellate court did not have jurisdiction to review a decision of a parish school board regarding whether a student expelled for violating La. Rev. Stat. Ann. § 17:416(A)(3)(a)(xvii) should have been promoted into the ninth grade due to her home schooling and the fact that she passed a proficiency examination.
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| Bingham v. Bingham, No. 42,140-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Although two parents had been alternating custody of two minor children on a weekly basis by agreement, it was in their best interest under La. Civ. Code Ann. art. 131 to adopt a more traditional custody arrangement where the mother had custody during the school year and the father had custody during the summer due to communication problems.
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| Brooks v. Christus Health Southwestern La., 06-1497,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Appellate court declined to impose duty to perform an autopsy on hospital in instant case and affirmed summary judgment in favor of hospital; family presented no compelling authority to impose such a duty, they did not provide expert testimony on standard of care, and La. Rev. Stat. Ann. § 33:1563 placed duty to perform autopsies solely on coroner.
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| Cascio v. Downing, NO. 2006-CA-0570,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 4, 2007, Decided
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Overview: Court did not err in finding surgeon who performed bilateral subcutaneous mastectomies on male patient breached applicable standard of care and the breach was a cause-in-fact of patient's damages and La. Rev. Stat. Ann. § 40:1299.40 informed consent form failed to advise of risk of buttonholing of skin, disfiguring scars, or additional surgeries.
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| DeMoss v. Pine Hills Golf & Country Club, Inc., No. 42,033-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Summary judgment was improperly granted to a seller in an action seeking the reformation of a deed based on allegations under La. Civ. Code Ann. art. 1948, La. Civ. Code Ann. art. 1949 and La. Civ. Code Ann. art. 1954, because genuine issues of material fact remained regarding the seller's conduct during the transaction.
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| Fordham v. Nissan N. Am., No. 41,987-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted in favor of the Jackson Parish Police Jury on the driver's negligence claim where, pursuant to La. Rev. Stat. Ann. § 9:2800, the driver was unable to demonstrate that the alleged defect in the road was a cause-in-fact of his harm; even if there was a defect, it was not a cause-in-fact of his claim.
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| Frazier v. Bryant, No. 41,978-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Where the employee of a lawn care company was injured when he fell from a tree, the record did not create a genuine issue of material fact that any defect in the tree existed. The residents could not be held liable for failing to warn the employee under La. Civ. Code Ann. art. 2317.1. His negligence suit was dismissed upon summary judgment.
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| Int'l Paper, Inc. v. Bridges, No. 42,023-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Although the Board of Tax Appeals had applied a purpose test to determine whether three chemicals used by a paper manufacturer qualified under the reprocessing exception of La. Rev. Stat. Ann. § 47:301(10)(c)(i)(aa), it erroneously concluded that the purpose of the short sequence bleaching process was to process the chemicals into a final product.
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| Jackson v. Red River Parish Sch. Bd., No. 42,080-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: In the absence of proof that the employee's health conditions resulted from her employment with the school board, La. Rev. Stat. Ann. § 23:1031.1(B), the workers' compensation judge correctly dismissed the employee's claim for workers' compensation benefits, La. Code Civ. Proc. Ann. art. 1672(B).
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