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| Peters v. Ruskin Mfg., No. 40,977-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In an employee's workers' compensation claim, the trial court did not abuse its discretion in granting the employer's exception of prescription after determining that the employee's testimony was not credible as her medical records indicated she complained of back pain two years before the date she claimed she was first aware of her injury.
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| Rhone v. Ward, No. 39,701-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: In inmate's tort suit against prison authorities, retrospective application of proceedings' stay until filing fees and costs were paid was not improper application under the Corrections Administrative Remedy Procedure and La. Rev. Stat. Ann. § 15:1186 because application of automatic stay did not divest inmate of vested rights in his suit.
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| Richard v. Richard, NO. 2005-CA-0798,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: Trial court's findings were revised because it incorrectly included supplemental security income in husband's income in violation of La. Rev. Stat. Ann. 9:315(C)(3)(d)(i) and also failed to include income the wife testified she could generate by styling hair at her home when it calculated periodic spousal support under La. Civ. Code Ann. art. 112.
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| Roberson v. Lafayette Oilman's Sporting Clays Shoot, Inc., 05-1285,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: Trial court properly granted summary judgment for nonprofit organization in injured trap shooting supply company employee's suit because organization merely rented shooting grounds for weekend fund raiser and no one from organization knew or should have known that ladder was defective as required for liability under La. Civ. Code Ann. art. 2317.1.
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| Scott v. Red River Waterway Comm'n, No. 41,009-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Where original contract was under Louisiana Public Works Act, La. Rev. Stat. Ann. § 38:2181, et seq., court did not err in finding bonding company for defaulted road contractor was not liable in personal injury action filed against city as contractual relationship subsequently existed between city and a venture that took over construction project.
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| Solow v. Heard, McElroy & Vestal, L.L.P., NO. 2005-CA-1028,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, April 12, 2006, Decided
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Overview: A firm of certified public accountants' exception of prematurity was sustained because three shareholders had not complied with the review panel requirement in La Rev. Stat. Ann. § 37.105;, and the complaint was dismissed as required by La. Code Civ. Proc. Ann. art. 933.
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| State ex rel. C.F., 05-1272,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 12, 2006, Opinion Rendered
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Overview: Where, on January 28, 2005, trial court granted custody of minor child to his father, which was stated to be permanent plan as defined in La. Child. Code Ann. art. 603(15), trial court was divested of jurisdiction to adjudicate custody on April 26, 2005, in which court granted custody of child to State of Louisiana, Office of Child Services (OCS).
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| State v. Carroll, No. 41,001-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Trial court did not err in sentencing defendant to 75 years at hard labor without benefit of probation, parole, or suspension of sentence for armed robbery, as defendant was second felony offender and applicable range was 49 1/2 to 198 years, and there was no error under La. Const. art. 1, § 20, as sentence was less than half of maximum sentence.
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| State v. Culverhouse, No. 40,773-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Pursuant to La. Code Crim. Proc. Ann. art. 703, court did not err in not suppressing defendant's Crosby plea to molestation of a juvenile; there was nothing in record indicating defendant was not aware of what was happening to him on day he gave his statement or that he did not voluntarily speak to detective after having been advised of his rights.
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| State v. Ford, NO. 41,074-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 12, 2006, Judgment Rendered
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Overview: Trial court did not err in committing defendant pursuant to La. Code Crim. Proc. Ann. art. 648(B)(3) based on finding that he lacked mental capacity to proceed to trial and was a danger to himself/others where he was examined by doctors, who noted mental defects that affected his ability to assist his defense and to understand charges against him.
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