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| Pyles v. Weaver, NO. 2006-CA-0348, CONSOLIDATED WITH: NO. 2006-CA-0644,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: A finding in favor of a dancer in her personal injury action against a gentlemen's club operator was proper, in part because the jury could have found that an employee should have noticed the problem with a patron and should have taken some action to calm down or remove the patron from the area, which might have prevented the incident.
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| Sims v. BFI Waste Servs., L.L.C., NO. 2006 CA 1319,
COURT OF APPEAL OF LOUISIANA, FIRST CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Indemnity agreement had to be interpreted against the employer as written and, therefore, WCJ erred in ruling that the employer's indemnity obligation in the compromise agreement did not apply to the disability insurer's reimbursement claim for overpayment of disability benefits based upon claimant's receipt of Social Security disability benefits.
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| Sitter v. Warner, No. 42,169-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Summary judgment was properly granted in favor of two sellers and their agent in a redhibition case under La. Civ. Code Ann. art. 2520 because sufficient notice of a defect in a foundation was given under La. Civ. Code Ann. art. 2521 where oral notice of a foundation repair was given to the buyers; moreover, the defect was readily apparent.
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| Smith v. Rocks, NO. 42,021-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: A trial court erred in granting the insurer summary judgment on a husband's and wife's claim that a motor vehicle insurance policy provided coverage to the insured's minor daughter where the evidence they presented was sufficient to raise an issue of fact as to whether the daughter was resident of the insured's household.
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| State ex rel. D.J., NO. 2006-CA-1491,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: In a possession of stolen things case, the juvenile court did not violate juvenile defendant's rights by failing to appoint a sanity commission as the juvenile court ordered an evaluation of defendant pursuant to La. Child. Code Ann. art. 833, which revealed that he possessed the requisite mental capacity to stand trial.
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| State ex rel. Murphy v. Haren, No. 42,098-JWC,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Purported father's peremptory exception of res judicata under La. Rev. Stat. Ann. § 13:4231 was denied in a child support case because it was not clear if the issue of paternity had been previously decided; the father's petition for legitimation could have been denied under O.C.G.A. § 19-7-22(g)(1) because it was not in the child's best interest.
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| State through La. Dep't of Educ. Food Serv. v. Bright Beginnings Child Care, Inc., No. 42,146-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: The Louisiana Department of Education was not exempt from prescription under La. Const. art. 12, § 13 because it was a distinct legal entity under La. Rev. Stat. Ann. § 36:642; therefore, a ten-year prescriptive period under La. Civ. Code Ann. art. 3499 applied in a case seeking to recover overpayments made to a preschool and its president.
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| State v. Alexander, NO. 2006-KA-1274,
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, May 16, 2007, Decided
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Overview: Defendant's six-year prison sentence for aggravated battery was upheld where he failed to object or file a motion to reconsider sentence, as required by La. Code Crim. Proc. Ann. art. 881.1A(2); he was precluded from raising excessive sentence issue on appeal. Assignment of error had no merit; he received six years because of his prior convictions.
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| State v. Critton, NO. 42,053-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Defendant, a fourth felony habitual offender, was sentenced following conviction for sexual battery and attempted sexual battery. Sentence of 50 years, pursuant to sentencing guidelines of La. Code Crim. Proc. Ann. art. 894.1, was not excessive because it was not grossly disproportionate, as it fell within the midrange, and it was not shocking.
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| State v. Fuller, No. 42,050-KA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, May 16, 2007, Judgment Rendered
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Overview: Defendant's conviction under La. Rev. Stat. Ann. § 14:402.1(A) was reversed where the hospital was a private, nonprofit corporation and the State failed to present any evidence showing that it was state-owned and administered, as required by the term "related facility." Possession of marijuana was not a lesser included offense of the statute.
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