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| Davis v. J.C. Penney Stores, NO. 05-CA-881,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Trial court did not err in directing verdict for store in customers' false arrest action based on immunity under La. Code Crim. Proc. Ann. art. 215 where store had reasonable cause to believe customers committed theft, food court in mall could be construed as store's "premises," no unreasonable force was used, and detention was less than 1 hour.
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| Fricke v. Ochsner Found. Hosp., NO. 05-CA-868,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Trial court did not err in dismissing medical malpractice suit against a nurse and medical center because although expert testimony showed that nurse should have known that nerve injury could result from an IV, it also showed that nerve damage could result without negligence, and patient failed to show nurse negligently performed the IV insertion.
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| Lee v. Huong Lu, NO. 05-CA-899,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Trial court did not abuse its discretion in awarding $ 15,000 in general damages to a driver injured in motor vehicle accident that she had not caused; inter alia, injured driver testified as to her pain level before and after accident and neither her treating physician or neurosurgeon ruled out possibility her condition was affected by accident.
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| Severn Place Assocs. v. Am. Bldg. Servs., NO. 05-CA-859,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Trial court did not err when it held that a building owner did not have a cause of action in negligence against its janitorial company for an increase in owner's insurance premiums precipitated by a claim made for damage caused by an employee of the janitorial company because, as a matter of policy, the damages in the instant case were too remote.
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| State ex rel. D.J.C., NO. 05-CA-919,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Judgment terminating father's parental rights pursuant to La. Child. Code Ann. art. 1015(5) was affirmed where children had been removed from father's custody for more than a year and father had not substantially complied with case plan; additionally, there was no reasonable expectation of significant improvement in father's condition or conduct.
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| Williams v. Roberts , NO. 05-CA-852,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: From a driver's personal injury suit against the insurer and its insured following the parties' car accident, the appellate court reduced the amount of the general damages award as the amount the trial court awarded was not commensurate with a soft tissue injury that resolved over a three-month duration.
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| Zeringue v. O'Brien Transp., Inc., NO. 05-CA-760,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 11, 2006, Decided
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Overview: Injured satellite company employee's suit against a trucking company was barred by exclusivity of Workers Compensation Law because satellite company had leased the truck and assumed complete responsibility for it; and under Interstate Commerce Act, the truck driver was a statutory employee of satellite company and co-worker of the injured employee.
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