LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 1932 through 1944
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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WORKERS' COMPENSATION

1.Terminated employee injured while cleaning out personal effects entitled toworkers' compensation.
Jerome C. Ardoin, Jr. V. Cleco Power, L.L.C., 2010-C-815 (La. 07/02/10) [4 pp.]
From LSCR Volume 18, Issue 7
          Plaintiff, a Cleco employee, was discharged on a Friday at Cleco's Work Center in Opelousas. Plaintiff's office was located in Eunice. He re... view full summary
2.Video surveillance should be given to IME physician.
Jesse Bazile v. Bayou Steel Corporation, 2010-CC-0982 (La. 07/06/10) [2 pp.]
From LSCR Volume 18, Issue 7
          In this case, Bayou Steel Corporation filed a motion with the Office of Workers' Compensation (OWC) to submit certain evidence to the physic... view full summary
CRIMINAL

3.Death sentence upheld for heinous murder.
State v. Dustin Dressner, 2008-KA-1366 (La. 07/06/10) [54 pp.]
From LSCR Volume 18, Issue 7
          A jury convicted and sentenced defendant to death for the first-degree murder of Paul Fasullo. Evidence at trial revealed defendant spent th... view full summary
4.Probable cause existed for public intoxication arrest.
State v. Thomas Wells, 2008-K-2262 (La. 07/06/10) [29 pp.]
From LSCR Volume 18, Issue 7
          On March 3, 2007, NOPD Officer Parker noticed defendant staggering along the sidewalk on North Galvez Street near Canal Street. Defendant ap... view full summary
5.Inventory search of pill bottle was reasonable.
State v. Porfirio Escoto, 2009-KK-2581 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On December 26, 2008, Covington Police Department officers stopped defendant for speeding on Highway 190. He was unable to produce a valid d... view full summary
6.Maximum sentence upheld for vehicular homicide.
State v. Marlyn A. LeBlanc, 2009-K-1355 (La. 07/06/10) [14 pp.]
From LSCR Volume 18, Issue 7
          In the early evening of April 21, 2007, Michael Hardy; his wife, Genevieve; and their children, Kyle and Cristi, were traveling southbound o... view full summary
7.Probable cause existed to search closed containers in car.
State v. August Jackson, 2009-KK-1983 (La. 07/06/10) [13 pp.]
From LSCR Volume 18, Issue 7
          On November 11, 2008, NOPD officers stopped a vehicle for traffic violations. Moments before the car was pulled over, Officer McIver saw def... view full summary
TORTS

8.Prescribed tort claims precluded unjust enrichment.
Walters v. Medsouth Record Management, LLC, 2010-CC-0351 c/w 0352 & 0353 (La. 06/04/10) [3 pp.]
From LSCR Volume 18, Issue 6
Plaintiff filed suit alleging damages from defendant's "negligent failure to follow the statutory limits of La. R.S. Section 40:1299.96(A)(2)(b)," by charging plaintiff's attorney a fee for obtaining... view full summary
9.Court reinstates overturned jury verdict.
Melba Lee See v. Entergy Corp., 2010-C-0065 (La. 06/04/10) [2 pp.]
From LSCR Volume 18, Issue 6
In this civil matter the district court overturned the jury's verdict, and the Third Circuit affirmed. In a brief opinion, the Court granted a supervisory writ and reinstated the jury's verdict. The ... view full summary
BAR / DISCIPLINARY / ETHICS

10.Court prohibits judge from entering juvenile court during pendency ofproceedings and maintains seal on portion of record.
In Re: Judge David Bell, No. 2010-O-1251 (La. 06/15/10) [1 p.]
From LSCR Volume 18, Issue 6
On the recommendation of the Judiciary Commission, the Court ordered Judge David Bell, Orleans Parish Juvenile Court, disqualified from exercising any judicial function during the pendency of thesepr... view full summary
CIVIL PROCEDURE

11.Plaintiff could not benefit from reversal of defendant's dismissal.
Zaidra Ardith Grimes v. Louisiana Medical Mutual Ins. Co., 2010-C-0039 (La. 05/28/10) [3 pp.]
From LSCR Volume 18, Issue 6
Zaidra Grimes delivered a baby at Woman's Hospital under the care of Dr. Karen Solar, an obstetrician/gynecologist. The baby, Zavian Walker, suffered a brachial plexus injury during the delivery.Grim... view full summary
MEDICAL MALPRACTICE

12.Court addresses claims based on doctor's deposition testimony.
Margaret Acara v. Bradley Banks, M.D., 2010-CC-0741 (La. 06/18/10) [2 pp.]
From LSCR Volume 18, Issue 6
In a prior case, plaintiff had filed a personal injury claim. Defendant was deposed concerning plaintiff's medical condition. Plaintiff later filed the instant medical malpractice suit against defend... view full summary
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