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| Ambrose v. McLaney, NO. 2006-CA-1181,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: A finding against the landlord in a tenant's premises-liability action was proper under La. Civ. Code Ann. arts. 2317.1 and 2322, in part because the tenant's sole means of access to her upstairs unit was the dilapidated stairs and no attempt to repair them had been made by the landlord.
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| Brookewood Invs. Co., L.L.C. v. Sixty-Three Twenty-Four Chef Menteur Highway, L.L.C., NO. 2007-CA-0050,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: Arising from a tax sale, an exception of no cause of action filed by the City's attorney, a firm, was properly granted as to the tax debtor's claims as the debtor's allegation that a local ordinance was unconstitutional was insufficient to state a cause of action against the firm, and the debtor was not a party to the City's contract with the firm.
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| In re Confidential Party, NO. 2007-B-0998,
SUPREME COURT OF LOUISIANA, May 16, 2007, Decided
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| Johnson v. Ledoux, No. 42,090-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: In a lessee's suit for damages to the contents of the leased premises when the roof collapsed, the lessor and its insurer were not liable as a provision in the lease contained clear and plain language per La. Civ. Code Ann. art. 2046 that the lessee waived liability for damages to the contents due to the failure to provide the maintenance.
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| Krieg v. Baker Oil Tools, 07-418,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Workers' compensation claimant's appeal from a judgment granting the employer's exception of prescription as to indemnity benefits only and reserving the rights of the employee to claim medical benefits was dismissed as premature because not all claims had been decided and La. Code Civ. Proc. Ann. art. 1915(B) was inapplicable to the instant case.
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| Marsh v. USAgencies Cas. Ins. Co., No. 42,176-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: A trial court properly certified an insured's claims challenging an insurer's detail/prep fee where it properly refused to consider the substantive elements of the cause of action and the claims met the commonality, typicality, adequacy, and predominance requirements of La. Code Civ. Proc. Ann. art. 591.
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| O'Rourke v. Days Inn New Orleans, NO. 2006-CA-1588,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: Where a cafe employee fell on the floor of the cafe located inside a hotel, the cafe as lessee was responsible for maintaining the air-conditioning unit that created the dangerous condition. In the employee's suit to recover damages under La. Civ. Code Ann. arts. 2317, 2322 and 2695, the lessor of the premises was entitled to summary judgment.
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| Patrick v. State Farm Mut. Auto. Ins. Co., NO. 42,197-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted in a negligence case because, even though a city might have violated the duty to maintain a street island under La. Rev. Stat. Ann. § 48:35(C) by failing to trim a tree and an electrical company might have violated its duty by placing equipment there, these failures were not the cause-in-fact of an accident.
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| Poole v. La. Bd. of Electrolysis Examiners, NUMBER 2006 CA 0810,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Board of electrolysis examiners did not have power under La. Rev. Stat. Ann. § 37:3077 to condition issuance of instructor's license to passing a practical examination it administered because applicant met all statutory requirements for issuance of license and exam was one some board members came up with specifically in response to her application.
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