| TORTS
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| 1. | Limit of $500,000 on State's liability for general damages is per plaintiff, not per victim; resolving a split in the circuits.
Lockett v. State, DOTD, 2003-C-1767 (La. 2/25/04) [15 pp.]
From LSCR Volume 12, Issue 3 Katy Lockett was killed in an automobile collision at the intersection of Louisiana Highway 19 and Groom Road in the City of Baker. Lockett'... view full summary |
| 2. | Filiation action may be added late to tort suit.
Reese v. State, Dept. Pub. Safety, 2003-C-1615 (La. 2/20/04) [10 pp.]
From LSCR Volume 12, Issue 3 Plaintiffs Reese and Nabonne filed this suit to recover damages for the wrongful death of an inmate in the custody of the Department of Corr... view full summary |
| BAR / DISCIPLINARY / ETHICS
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| 3. | Judge disciplined for failure to issue timely rulings.
In re: Judge Marcus Clark, 2003-O-2920 (La. 02/20/04) [21 pp.]
From LSCR Volume 12, Issue 3 When Judge Marcus Clark of the Fourth Judicial District Court for the Parish of Ouachita appeared before the Judiciary Commission of Lou... view full summary |
| INSURANCE
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| 4. | UM coverage of separate-property cars construed.
Mayo v. State Farm Mut. Auto. Ins. Co., 2003-C-1801 (La. 2/25/04) [16 pp.]
From LSCR Volume 12, Issue 3 This case interprets a fine point of UM coverage in automobile insurance. Scotty and Melissa Mayo bought cars prior to their marriage. Scott... view full summary |
| CIVIL PROCEDURE
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| 5. | New trial was an abuse of discretion; supervisory writ granted. Brian Campbell v. Tork, Inc., 2003-CC-1341
(La. 02/20/04) [11 pp.]
From LSCR Volume 12, Issue 3 When Brian Campbell, finance and insurance manager for Benson BMW/Isuzu/Volkswagen, Inc., arrived for work on February 22, 1995, and attempt... view full summary |
| 6. | Summary judgment reversed; trial court is not to weigh testimony.
Hutchinson v. Knights of Columbus, 2003-C-1533 (La. 2/20/04) [14 pp.]
From LSCR Volume 12, Issue 3 Plaintiffs the Hutchinsons filed suit to recover damages for personal injuries suffered by Mrs. Hutchinson when she tripped and fell over el... view full summary |
| STATE AND LOCAL GOVERNMENT
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| 7. | Back pay awarded for loss of job that was later eliminated.
Howard v. West Baton Rouge Sch. Bd., 2003-C-1426 (La. 2/20/04) [5 pp.]
From LSCR Volume 12, Issue 3 Plaintiff Howard was a tenured vocational instructor whose tenure was revoked in March, 1997. Howard appealed his termination; and ultimatel... view full summary |
| 8. | Allowing commissioners to determine probable cause is not unconstitutional.
State v. Ifiany Obrinna Umezulike, 03-KA-1404 (La. 02/25/04) [17 pp.]
From LSCR Volume 12, Issue 3 On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District, issued a search warrant for the vehicle and home of defend... view full summary |
| WORKERS' COMPENSATION
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| 9. | Claimant may not "transfer" his claim to another district by refiling.
Lewis v. Folger's Coffee Co., 03-CC-3127 (La. 2/13/04) [2 pp.]
From LSCR Volume 12, Issue 3 Claimant filed a workers' compensation claim in OWC District 6, St. Tammany Parish. The employer filed a petition for forfeiture of benefits... view full summary |
| CRIMINAL
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| 10. | "Indecent behavior with juveniles" requires awareness by the juvenile.
State v. Interiano, 2003-KA-1760 (La. 2/13/04) [18 pp.]
From LSCR Volume 12, Issue 3 Defendant's 10-month-old daughter was found by the pediatrician to have contracted gonorrhea. There was no evidence that she was sexuall... view full summary |
| 11. | Court of appeal may not reverse suspension of sentence sua sponte.
State v. Parker, 03-K-2736 (La. 2/20/04) [2 pp.]
From LSCR Volume 12, Issue 3 "Granted. The order of the court of appeal is vacated and the defendant's sentence is reinstated. The state did not move in the district cou... view full summary |