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| Olivier v. After Crash, Inc., 06-1481,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Workers' compensation claimant's motion to accelerate benefits pursuant to La. Rev. Stat. Ann. § 23:1333(A) was denied, where there was insufficient proof of a willful refusal to pay benefits. While the record reflected inattention and neglect in the handling of claimant's file, it did not reflect a willful refusal to pay benefits.
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| Poole v. Elevating Boats, L.L.C., NO. 2006-CA-0890,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 4, 2007, Filed
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Overview: Summary judgment was reversed and remanded because it was not clear that the charter agreement expressed in clear and unequivocal terms that the boat owner and boat company were entitled to indemnification for unseaworthiness claims since a statement to that effect was noticeably absent from the indemnity clause.
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| Raborn v. Gulf States Pipeline Corp., NO. 41,974-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Trial court was correct in applying three-year prescriptive period of La. Civ. Code Ann. art. 3494 when granting employer's peremptory exceptions of prescription in former employee's breach of contract action because employee's claim for shares of stock from employer was action that sought recovery of compensation for employment services rendered.
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| Rowley v. Eye Surgery Ctr. of La., Inc., NO. 2006-CA-1243,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 4, 2007, Decided
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Overview: In a medical malpractice case, a motion to continue was properly denied under La. Code Civ. Proc. Ann. art. 1602 because, inter alia, the motion to continue was not faxed to the clerk of court, a motion for summary judgment had been previously reset several times, and the motion for summary judgment had been filed for more than one year.
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| Smart v. Gold, Weems, Bruser, Sues & Rundell, 06-1414,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: In a case where clients contended that they were over-billed, a dilatory exception of vagueness under La. Code Civ. Proc. Ann. art. 926 was granted because a general petition was insufficient under La. Code Civ. Proc. Ann. art. 891 and La. Code Civ. Proc. Ann. art. 854, and a dismissal was entered for two parties since an amendment was allowed.
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| Smith v. Kinder Ret. & Rehab. Ctr., 06-1480,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: Office of workers' compensation judge did not err in finding claimant suffered a compensable work-related coronary injury pursuant to La. Rev. Stat. Ann. § 23:1021, after she suffered a heart attack while attempting to transport and single-handedly clean feces from a handicapped and disoriented male nursing home resident who she was in charge of.
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| Squyres v. Our Lady of Lourdes Reg'l Med. Ctr., Inc., 06-1517,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: A trial court erred in awarding summary judgment to a nurse in plaintiff's medical malpractice suit on the ground that plaintiff failed to establish causation, as required by La. Rev. Stat. Ann. § 9:2794(A), because genuine issues of material fact remained as to whether the actions or inactions of the nurse breached the applicable standard of care.
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| St. Mary Operating Co. v. Guidry, 06-1495,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 4, 2007, Decided
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Overview: In a dispute as to the interpretation of a commingling agreement, it was not error to look beyond the document and find under La. Rev. Stat. Ann. § 31:74 that the agreement created a mineral servitude subject to a prescriptive period of seven years and not a servitude for a fixed term of seven years, because the agreement was ambiguous.
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| State v. Brown, No. 41,883-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 4, 2007, Judgment Rendered
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Overview: Appellant's 20-year sentence for second degree kidnapping, a violation of La. Rev. Stat. Ann. § 14:44.1, was not excessive per La. Const. art. I, § 20, and all of the relevant La. Code Crim. Proc. Ann. art. 894.1 factors were considered, as he used a gun to threaten his victims, led police on a high speed chase, and benefitted from a plea bargain.
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