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| Duplechain v. Bell Office Supply, 05-1282,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: WCJ reasonably concluded that because the employee was returning to the office from a work-related errand at the time of his accident and that his personal deviation for dinner with his family was over, the employee was back within the course and scope of his employment at the time of the accident as required by La. Rev. Stat. Ann. § 23:1031.
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| Evans v. City of Natchitoches, 05-1278,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court decision that city was liable for the girl's injuries caused by a partially uncovered manhole was supported by extensive findings as to the girl's injuries and an unbiased witness's testimony that a city sewage maintenance truck had been at the manhole prior to the accident and the workers failed to properly close the manhole.
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| Evergreen Presbyterian Ministries v. Wallace, WCA 05-1343,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: A workers' compensation appeal was remanded for further proceedings because there was an outstanding issue regarding penalties and attorney fees arising from the payment of medical bills; La. Rev. Stat. Ann. § 23:1310.5 and La. Code Civ. Proc. Ann. art. 1915 did not permit piecemeal appeals in workers' compensation cases.
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| Francois v. Andry, NO. 2005-CA-0388,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: A judgment that a petition failed to state a cause of action for legal malpractice was affirmed because parents failed to establish the existence of an attorney-client relationship with an attorney who mistakenly took actions on their behalf without their knowledge in a medical malpractice action.
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| Gerace v. Gerace, CA 05-1300,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court properly increased the time the parties' seven-year-old son spent with his father pursuant to La. Rev. Stat. Ann. § 9:335 as the son demonstrated a desire to spend more time with his father, stated that he often asked his mother to be allowed to visit his father, and it was in the son's best interest to spend more time with his father.
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| Hardee v. Atlantic Richfield, 05-1207,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Appellate court reversed the grant of the exceptions of prematurity because where plaintiffs, as lessors in the mineral lease, alleged that defendants caused damage to the oil field through negligence and other torts, La. Rev. Stat. Ann. § 31:122 did not require plaintiffs to wait until the end of the leases to bring the action.
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| Hopkins v. Howard, NO. 2005-CA-0732,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: Where an employer's automobile liability insurer was insolvent, indemnification from the Louisiana Insurance Guaranty Association was not warranted based on the net worth of the employer and its affiliates which exceeded the limit of La. Rev. Stat. Ann. § 22:1379(3)(f), since the employer's parent company was within the definition of an affiliate.
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| Indus. Screw & Supply Co. v. WPS, Inc., 05-1188,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a dispute between an industrial company and a corporation over an outstanding debt, summary judgment was proper, and the award of attorney fees was proper because, according to La. Rev. Stat. Ann. § 9:2781(C), corporation had 15 days from service of petition to satisfy outstanding debt, which it failed to do.
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| Kately v. Global Data Sys., 05-1227,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In an employee's action against her former employer, the trial court did not err in awarding her payment for her unused vacation time pursuant to La. Rev. Stat. Ann. §§ 23:631, 23:634 as the employer's policy did not clearly state that vacation time was a gift; rather, it was a vested right for which the employee was entitled to be compensated.
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