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| Lafleur v. AFTCO Enters., CW 05-127,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In an accident between tractor/trailer rig and multiple vehicles that resulted in death of decedent, one insurance company issued a policy of business auto insurance to a rental company, and trailer involved in accident was listed as a covered auto in the policy. Tractor and trailer were one vehicle, and its driver was an insured under that policy.
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| LeBoeuf v. Wal-Mart Stores, Inc., 2004 CA 2260,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, April 5, 2006, Judgment Rendered
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Overview: In claim against employer for work-related injuries allegedly exacerbated by refusal to provide treatment, trial court properly granted employer's exception of no cause of action; however, employee and her husband should have been allowed to amend, pursuant to La. Code Civ. Proc. Ann. art. 934, because grounds for exception could have been removed.
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| Leger v. Sonnier Exterminating Co., 05-1291,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Employer and employee's insurer were not solidary obligors under La. Civ. Code Ann. art. 1799 and 3503 where payments made to employee by insurer did not obligate the employer for the employee's workers' compensation claims. The workers' compensation claim had prescribed as the employee had not filed within time of La. Rev. Stat. Ann. § 23:1209.
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| Marks v. 84 Lumber Co., 06-358,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a workers' compensation case, as the delay for the employee to post a bond for suspensive appeal had expired under La. Code Civ. Proc. Ann. art. 2161, and the record reflected that the employee failed to post a suspensive appeal bond, the suspensive appeal was converted to a devolutive appeal.
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| Mauldin v. Town of Church Point, 05-1294,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: In a police officer's action seeking supplemental earnings benefits (SEB) from a town, the trial court properly denied the town's exception of prescription as the officer filed his claim within La. Rev. Stat. Ann. § 23:1221's three-year period.
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| McCorvey v. McCorvey, 05-1173,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court did not err in holding the father in contempt because the record showed he intentionally, knowingly, and without justifiable excuse failed to fully comply with child support orders; and though trial court erred in refusing to hear his motion to reduce child support, the father failed to present evidence to show a material change.
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| Mears v. Commer. Gen. Liab. Insurer , 05-1353,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court correctly determined that contract between contractor and welding subcontractor was non-maritime, and thus an indemnity clause was invalid under Louisiana Oilfield Indemnity Act because at time of welder's injury, his work on a fixed offshore platform was not related to transport vessel's mission, which provided quarters for welders.
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| Mitchell v. Alliance Compressors, 05-1186,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court did not err in holding the employer responsible for the employee's medical expenses as medical records and a doctor's deposition testimony showed that the employee had thoracic outlet syndrome, an occupational disease under La. Rev. Stat. Ann. § 23:1031.1, and that it was made symptomatic by her employment with the employer.
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| Mortgage Elec. Registration Sys. v. Wells, NO. 2005-CA-0795,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 5, 2006, Decided
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Overview: Trial court erred in dismissing mortgagor's claim against mortgagee in mortgagee's executory process suit because mortgagor should have been given chance to cure improper cumulation through amendment under La. Code Civ. Proc. Ann. art. 933 and damage claim could have been severed if it did not meet requirements of La. Code Civ. Proc. Ann. art. 462.
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| Mouton v. Rapides Parish Police Jury, 05-721,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 5, 2006, Opinion Rendered
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Overview: Trial court's judgment was amended to include an award of damages in the amount of $ 10,256, because while the wrongfully issued temporary restraining order was in effect, the Rapides Parish, Louisiana, Police Jury continued to pay the employee's salary and fringe benefits while he continued on administrative leave.
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