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| Aydelott v. Aydelott, No. 42,161-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Trial court failed to follow La. Rev. Stat. Ann. § 9:315.1 and .8 when it found $ 266 per month was correct amount of child support mother was to pay to father; spread out over year, mother's monthly child support obligation, with credit for 2 months of support for time the three children would be with her during summer months included, was $ 768.
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| Bates v. Prater, No. 42,149-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Where plaintiff failed to keep a proper lookout, failed to recognize the slowing traffic, and failed to follow at a safe distance, she caused a rear-end collision. In her negligence suit, defendants were entitled to summary judgment; plaintiff failed to rebut the presumption of negligence on the following motorist under La. Rev. Stat. Ann. § 32:81.
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| Brown v. Guide Corp., No. 42,141-WCA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: An award of medical benefits and mileage to the employee in a workers' compensation action was proper under La. Rev. Stat. Ann. § 23:1031.1(B) because the WCJ chose to credit the testimony of the expert in orthopedic hand surgery and accept her testimony that it was more probable than not that the employee's carpal tunnel was caused by her work.
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| Brown v. Tulane Med. Ctr. Hosp. & Clinic, NO. 2004-CA-0688,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 9, 2007, Decided
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Overview: Judgment was improperly entered for a patient in a medical malpractice case under La. Rev. Stat. Ann. § 9:2794A because the evidence did not show that a doctor deviated from the standard of care in treating a post-operative knee wound; there could have been other causes for the skin necrosis that ultimately developed.
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| Citibank S.D., N.A. v. Stanford, No. 42,191-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Summary judgment in favor of the creditor, on the creditor's action to collect on a credit card account, was reversed and remanded because the offered evidence consisted of copies of an example of an agreement, monthly statements, and a check without a sworn affidavit of explanation and verification, which were not competent evidence.
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| Craig v. Craig, No. 42,363-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Although trial court disagreed with 7/7 plan, that custody arrangement had worked for more than 8 years and court erred in modifying it under La. Civ. Code Ann. art. 131 and 134; modification seemed to impute trial court's views on shared custody and punish mother for her "bad decision" instead of determining what was in children's best interests.
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| Easter v. Direct Ins. Co., No. 42,178-CA, No. 42,179-CA (Consolidated Cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 9, 2007, Judgment Rendered
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Overview: Trial court properly dismissed driver's personal injury action against truck driver, his employer, and its insurer when following motorist presumption of La. Rev. Stat. Ann. § 32:81 did not apply. The driver violated La. Rev. Stat. Ann. § 32:79 by cutting in front of the truck driver's vehicle without first making sure it was safe to change lanes.
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| Fagot v. Parsons, NO. 2006-CA-1528,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 9, 2007, Decided
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Overview: Court properly granted wife's exception of no cause of action in client's suit alleging that her financial advisor and his wife were liable for conversion of funds from her brokerage account where there were other remedies available, such as suing the actual tortfeasor, the advisor. Client had no cause of action against wife for unjust enrichment.
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| Franques v. Jones, NO. 2006-CA-1177, CONSOLIDATED WITH: NO. 2006-C-0694,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 9, 2007, Decided
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Overview: In an injured employee's action for injuries she sustained while riding as a passenger in a vehicle owned by the driver, summary judgment in favor of the employer was proper as the uninsured motorist coverage rejection form was valid and properly executed under La. Rev. Stat. Ann. § 22:680.
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| Ghannam v. City of Alexandria, CA 07-23,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 9, 2007, Decided
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Overview: A permanent injunction was improperly granted in favor of a liquor licensee in relation to the suspension of the license for selling alcohol to minors because he did not meet the burden of showing an irreparable injury; moreover, the 13-day suspension was within the limits of Alexandria, La., Code of Ordinances § 4-62.
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