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| Braud v. Braud, NO. 05-CA-758,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: In husband's action for partition of community property, the trial court did not err in denying the husband's claim for reimbursement of one-half of the proceeds from the sale of his separate property home, which he asserted was used to pay a community debt, where the husband did not meet his burden of proving that he was entitled to reimbursement.
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| Ellis v. Louisiana A-1 Gaming, NO. 05-CA-993,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Trial court did not err in granting summary judgment to a casino; casino shuttle bus was not a common carrier under La. Rev. Stat. Ann. § 45:162(5)(a) and patron, who slipped and fell while alighting from bus, had not established a breach of duty on part of casino pursuant to La. Civ. Code Ann. art. 2315 just because the stairs of the bus were wet.
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| Eschete v. Hildebrand, NO. 06-CA-18,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: The granting of the employer's exception of no right of action and no cause of action in the employee's petition alleging that the employer and others sought to deprive her of workers' compensation benefits was appropriate where there were no allegations of any false or libelous statements to any entities extraneous to the compensation proceedings.
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| Gumina v. New Orleans Saints, NO. 05-CA-854,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Appellate court affirmed the decision of the workers' compensation court that held that the professional athlete was not entitled to benefits because the athlete did not establish, as required by La. Rev. Stat. Ann. § 23:1221(4)(r), that he had sustained an inguinal hernia while playing for the football team.
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| Heathcock v. Neuenhaus, NO. 05-CA-954,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Trial court properly granted a husband's peremptory exception of prescription in a 2004 action by his former wife to enforce payment on promissory note that he signed in 1991 because according to exceptions enumerated in La. Rev. Stat. Ann. § 9:291, the wife could have filed suit against the husband during the marriage to recover the money loaned.
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| Hernandez v. Wal-Mart Stores, Inc., NO. 05-CA-921,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Court did not err in granting store's motion to dismiss shopper's personal injury suit; shopper failed to meet her burden under La. Rev. Stat. Ann. § 9:2800.6C(1) of showing store had constructive knowledge floor was wet and she could not rely on safety reports to infer constructive notice floor was wet without showing how long condition existed.
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| In re Robinson, NO. 06-OB-0894,
SUPREME COURT OF LOUISIANA, April 25, 2006, Decided
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| Maiorana v. Melancon Metal Bldgs., Inc., NO. 05-CA-933,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Contractor's issue that corporation was liable under former La. Civ. Code Ann. art. 2695 for injuries to worker was without merit as he was third party outside lessor-lessee relationship. Trial court inappropriately made credibility determinations in granting summary judgment to corporation and construed evidence against parties opposing motion.
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| Ortolano v. BDI Mktg., NO. 05-CA-989,
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT, April 25, 2006, Decided
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Overview: Asthma medication user failed to prove drug manufacturer was liable for damages to him under Louisiana Products Liability Act, La. Rev. Stat. Ann. § 9:2800.54 et seq; his damages were not proximately caused by characteristic of product that rendered it unreasonably dangerous and his damages were not caused by reasonably anticipated use of product.
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