| TORTS
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| 1. | Medical care charges "written off" pursuant to Medicaid are not recoverable damages.
Bozeman v. State, DOTD, 2003-C-1016 (La. 02/07/04) [32 pp.]
From LSCR Volume 12, Issue 8 Plaintiff Bozeman suffered brain damage and other injuries when the right wheels of his car dropped off the shoulder of Highway 173 just nor... view full summary |
| 2. | Date of death controls application of comparative fault in asbestos wrongful death suits.
Landry v. Avondale, 2003-C-3432 (La. 7/2/04) [15 pp.]
From LSCR Volume 12, Issue 8 Plaintiffs filed suit for damages after plaintiff Landry was diagnosed in January, 2002 with mesothelioma from asbestos exposure that occurr... view full summary |
| MEDICAL MALPRACTICE
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| 3. | State health care physicians can be named as codefendants under MLSSA, but cannot be cast in judgment.
Rose Detillier v. Kenner Regional Medical Center, 2003-CC-3259 (La. 07/06/04) [19 pp.]
From LSCR Volume 12, Issue 8 Plaintiffs' decedent died in Kenner Regional Medical Center ("Kenner Regional") while being treated for insulin-dependent diabetes and relat... view full summary |
| CIVIL PROCEDURE
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| 4. | Service must be requested within 90 days, but request need not be filed.
Willborn v. Vermillion Parish Police Jury, 04-CC-1074 (La. 7/2/04) [1 p.]
From LSCR Volume 12, Issue 8 "Granted. La.R.S. 13:5107(D) provides that in suits against the state or a political subdivision, service of citation shall be requested wit... view full summary |
| CRIMINAL
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| 5. | DWI Third Offense cannot be enhanced with habitual offender bill.
State v. Campbell, 03-K-3035 (La. 7/6/04) [15 pp.]
From LSCR Volume 12, Issue 8 The State charged defendant Campbell with driving on March 16, 2002 while intoxicated -- third offense. The defendant had prior DWI convicti... view full summary |
| 6. | Felony arrest records may be expunged, not destroyed.
State v. Expunged Record (#) 249,044, 03-KA-1940 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 8 On January 9, 1998, appellee was arrested for the felony offenses of Obstruction of Justice and False Impersonation. The alleged violations ... view full summary |
| 7. | Prior DWI guilty plea where counsel was waived may support recidivist DWI conviction.
State v. Deville, 04-KK-1401 (La. 7/2/04) [6 pp.]
From LSCR Volume 12, Issue 8 Defendant moved to quash the bill charging him with a DWI Third Offense. One of the two prior convictions was a guilty plea entered in Missi... view full summary |
| CONSTITUTIONAL LAW
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| 8. | Men-only country club restaurant illegal; injunction issued; establishing controlling precedent.
Albright v. Southern Trace Country Club, 03-C-3413 (La. 7/6/04) [38 pp.]
From LSCR Volume 12, Issue 7 This is the first time since the adoption of the Louisiana Constitution of 1974 that the Court has been called upon to determine the burden ... view full summary |
| MEDICAL MALPRACTICE
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| 9. | Medical review panelists may be hired as experts at trial;
establishing controlling precedent. Medine v. Roniger, 2003-C-3436 (La. 7/2/04) [19 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this medical malpractice suit to recover damages for the wrongful death of their son, who died of an intentional overdose o... view full summary |
| TORTS
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| 10. | Jury's disbelief of changed testimony after "Mary Carter" agreement not manifestly erroneous; defense verdict affirmed.
Bonin v. Ferrellgas, Inc., 03-C-3024 (La. 7/2/04) [13 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this suit to recover damages for personal injuries they suffered when a cabin they were staying in at a campground caught f... view full summary |
| CIVIL PROCEDURE
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| 11. | Summary judgment reversed: internal inconsistencies in uncontradicted deposition testimony preclude summary judgment.
Wadsworth v. Garrett, 2004-C-0806 (La. 6/25/04) [7 pp.]
From LSCR Volume 12, Issue 7 Plaintiffs filed this suit to recover damages they suffered when they struck defendant's cows while driving on the highway adjacent to his p... view full summary |
| 12. | Daubert ruling must be made before granting summary judgment.
Basco v. Liberty Mutual Insurance Company, 04-CC-1316 (La. 6/25/04) [1 p.]
From LSCR Volume 12, Issue 7 "Granted. Because the trial court failed to completely decide the admissibility of defendants' expert evidence under Daubert v. Merrill Dow ... view full summary |