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| Howell v. Ferry Transp., Inc., NO. 2004-CA-2057,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Summary judgment in favor of an employer was affirmed because an automobile exclusion in a comprehensive general liability policy precluded claims for negligent hiring and supervision of a driver who tested positive for marijuana after an accident since the use of a motor vehicle was an essential element to the theory of liability.
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| Hunter v. State, NUMBER 2005 CA 0311,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: In a medical malpractice action arising from a delivery, medical evidence relating to the birth of a subsequent child was properly admitted as relevant under La. Code Evid. Ann. art. 401 because it showed knowledge of a medical condition and prescription; however, evidence of a malpractice action arising from that birth was excluded.
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| Hussey v. Russell, 2004 CA 2377 Consolidated with 2004 CA 2378,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Because judge and jury assigned different percentages of fault to department of transportation (DOTD), jurisprudence of Louisiana First Circuit required inconsistency be addressed and, after thorough review of evidence, appellate court held 35% fault assigned to DOTD by trial judge was more reasonable finding rather than the 20% assigned by jury.
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| Jackson v. New Orleans Police Dep't, NO. 2005-CA-0649,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, March 29, 2006, Decided
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Overview: Appointing authority satisfied burden of proof, La. Const. art. X, § 8(A), as to police officer's suspension (for causing accident between police department vehicles) by offering photographs and testimony. Witness testified officer turned left from right lane directly in front of van, and photographs clearly supported that testimony.
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| La. Workers' Comp. Corp. v. Frey, 2004 CA 2517,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Pursuant to La. Rev. Stat. Ann. § 23:1035(A), employer could waive workers' compensation law of its drivers; statements written by drivers, signed and notarized, were sufficient to effectuate the election between themselves and the employer, and Louisiana Workers' Compensation Corporation was on notice that drivers had opted out of coverage.
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| Manno v. Gutierrez, 2005 CA 0476,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, March 29, 2006, Judgment Rendered
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Overview: Summary judgment was improperly granted in favor of appellees on driver's negligence action as there were factual details material to determination of whether operator had some fault in the accident, and reasonable fact finder might conclude there was no sudden emergency so as to insulate operator from liability under La. Civ. Code Ann. art. 2315.
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| Melancon v. Lafayette Ins. Co., 05-762,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 29, 2006, Opinion Rendered
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Overview: Trial court did not err in granting directed verdict for dealership because there was no evidence that anything other than gas company driver's inattentiveness caused the accident with deliveryman in dealership's lot, and jury's damage awards were proper in light of evidence of deliveryman's injuries and continuing and future pain and limitations.
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| Odom v. Phillips, NO. 2006-CC-0633,
SUPREME COURT OF LOUISIANA, March 29, 2006, Decided
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| Rabalais v. Nash, 05-937,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, March 29, 2006, Opinion Rendered
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Overview: Jury erred in deciding that the emergency vehicle statute, La. Rev. Stat. Ann. § 32:24 applied to the captain who was driving the fire truck because § 32:24 did not provide that the driver of an emergency vehicle could violate highway regulations and drive in the center turn lane, in violation of La. Rev. Stat. Ann. § 32:82.
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