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| Almerico v. Dale, NO. 05-CA-861,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Order requiring an independent medical examination and granting the motion for production of medical records filed by the city police chief was affirmed because an independent medical examination was a reasonable safeguard, and the police chief had the right to obtain a medical certificate in accordance with the local civil service rules.
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| Almerico v. Dale, NO. 05-CA-749,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Trial court properly dismissed police officer's claims for intentional infliction of emotional distress (IIED) and abuse of process because actions for IIED in a workplace environment were limited to cases involving a pattern of deliberate, repeated harassment over time that caused extreme distress, and "process" referred to legal process in court.
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| Blanke v. Duffy, NO. 05-CA-829,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Plaintiff's appeal was dismissed because the record did not contain the judgment from which plaintiffs were appealing, and there was no certification as required by La. Code Civ. Proc. Ann. art. 1915 that the judgment was final for purposes of appeal which was necessary because not all claims had been resolved.
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| Boes Iron Works, Inc. v. Travelers Cas. & Sur. Co. of Am., NO. 05-CA-782,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Grant of exception for improper venue was vacated and remanded because the appellate court was unable to address the issues raised by the appeal, as the record was not complete, when a copy of the contract which allegedly contained the forum selection clause was not found in the record.
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| Bonner v. Martino, NO. 05-CA-701,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: The housekeeper failed to show that the owners' dog presented an unreasonable risk of harm to her or to the public where, pursuant to La. Civ. Code Ann. art. 2321, she did not show that the dog made contact with her in any way, she did not try to shut the door when she saw the dog, and she was not afraid of the dog, which had not bitten anyone.
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| Caracci v. Cobblestone Vill. Condo. Ass'n, NO. 05-CA-784,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: In condominium owner's negligence suit, summary judgment in favor of the homeowners association officers' was proper as the officers' management of a mold problem in the owner's unit did not rise to the level of bad faith and willful and wanton misconduct required for liability under La. Rev. Stat. Ann. § 9:2792.7.
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| City of Kenner v. Jumonville, NO. 05-CA-860,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Trial court properly denied resident's motion for directed verdict as he owned property at time of violations, when citations were issued, and when suit was filed. City had not abandoned its claims to have resident maintain property. Fence condition violated Kenner, La., Ordinance § 5-86 and evidence clearly showed trash and debris on property.
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| Corso v. Laborde, NO. 05-CA-511,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: JNOV was vacated because a reasonable person could have found that the cause of the accident was that the driver failed to slow down sufficiently in the fog and ran off the road, rather than that the configuration of the roadway or the placement of the warning sign contributed to the accident.
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| Davis v. Wong, NO. 05-CA-853,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: In employee's suit against restaurant owner and restaurant, alleging work-related injuries, restaurant owner and restaurant could not appeal denial of no cause of action exception because case's merits were not determined; there was no partial final judgment, as defined by La. Code Civ. Proc. Ann. art. 1915, and no showing of irreparable injury.
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| Franz v. Ledoux, NO. 05-CA-822,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, March 28, 2006, Decided
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Overview: Trial court properly granted exercise spa's exception to prescription under La. Civ. Code Ann. art. 3462 because motorist filed suit in wrong venue believing that spa and traffic accident defendants were jointly liable for aggravating his back injury, but spa was not served within the one year prescriptive period in La. Civ. Code Ann. art. 3492.
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