LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 636 through 648
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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TORTS

1.Court reallocates fault and reduces damages resulting from accident on oil production platform.
Luigi Malta v. Herbert S. Hiller Corporation, 2021-C-00209 (La. 12/10/2021) [41 pp.]
From LSCR Volume 29, Issue 12
     Plaintiff was employed by Wood Group Production Services, Inc., which operated a fixed oil production platform and satellite platforms located in the Gulf of Mexico and... view full summary
2.Hotel entitled to summary judgment in slip-and-fall case.
Cindy Planchard v. New Hotel Monteleone, LLC, 2021-CC-00347 (La. 12/10/2021) [7 pp.]
From LSCR Volume 29, Issue 12
     Plaintiff filed suit against a hotel alleging she slipped on a foreign substance on the hotel's marble lobby floor and sustained an injury. Defendant moved for summary ... view full summary
3.State was entitled to summary judgment on claim that courtside basketball seats were unreasonably dangerous.
Helena Shear v. Trail Blazers, Inc., 2021-CC-00873 (La. 12/21/2021) [6 pp.]
From LSCR Volume 29, Issue 12
     In February 2013 plaintiff attended a professional basketball game at the New Orleans Arena. A season ticketholder since 2007, she was seated on the third r... view full summary
MEDICAL MALPRACTICE

4.Plaintiff was not a "patient" under terms of MMA.
Teresa Kelleher v. University Medical Center, 2021-CC-00011 (La. 12/10/2021) [9 pp.]
From LSCR Volume 29, Issue 12
     According to plaintiff's allegations, her treating orthopedic surgeon, Dr. Felipe Ramirez, noted on December 19, 2018, that plaintiff had "positive marrow inf... view full summary
5.Continued treatment doctrine did not suspend prescription.
Cheryl Mitchell v. Baton Rouge Orthopedic Clinic, LLC, 2021-C-00061 (La. 12/10/2021) [24 pp.]
From LSCR Volume 29, Issue 12
     On August 11, 2015, Dr. Robert Easton performed hip replacement surgery on plaintiff, who had dislocated her hip. She dislocated her hip again shortly after ... view full summary
PROPERTY

6.Lifetime usufruct was not extinguished by 10-year prescription of nonuse.
In re Succession of the Estate of Robert Charles Johnson, 2020-C-00815 (La. 12/10/2021) [18 pp.]
From LSCR Volume 29, Issue 12
     Robert Johnson and Beverly Edwin were married for 22 years and had 3 children together.
     During their marriage Johnson executed and recorded an ... view full summary
TAXATION

7.Act amending sales tax statute was unconstitutional because it created new tax without legislative supermajority.
Calcasieu Parish School Board v. Nelson Industrial Steam Company, 2021-OC-00552 (12/10/2021) [18 pp.]
From LSCR Volume 29, Issue 12
     This decision is one in a series issued by the Court involving whether limestone purchases by defendant, the owner and operator of an electrical power generating facili... view full summary
DOMESTIC RELATIONS

8.Avowal action by child's biological father was perempted as untimely.
Karen Cohen Kinnett v. Jarred Brandon Kinnett, 2020-CJ-01134 (La. 12/10/2021) [14 pp.]
From LSCR Volume 29, Issue 12
     Karen and Jarred Kinnett were married in 2009. Two children were born during their marriage, BAK in August 2011 and GJK in August 2015. In 2013 Karen began... view full summary
CRIMINAL

9.Petitioner was entitled to parole revocation hearing.
Bobby Sneed v. Tim Hooper, 2021-KK-01776 (La. 12/07/2021) [5 pp.]
From LSCR Volume 29, Issue 12
     Petitioner was granted parole and scheduled for release from prison on March 29, 2021. On March 25, just four days before his scheduled release, he collapsed ... view full summary
10.District court did not abuse discretion in resentencing defendant to a term greater than suggested by the court of appeal.
State v. Noe Aguliar-Benitez, 2021-K-00174 (La. 12/10/2021) [11 pp.]
From LSCR Volume 29, Issue 12
     A jury found defendant guilty of attempted aggravated rape and sexual battery. The evidence showed that while a guest in the 8-year-old victim's home, defendant sexuall... view full summary
11.Court reverses vehicular homicide conviction for insufficient evidence.
State v. Elizabeth Trahan, 2020-K-01233 (La. 12/10/2021) [8 pp.]
From LSCR Volume 29, Issue 12
     Defendant was charged with vehicular homicide arising from a 2015 accident. Evidence at trial showed that she and her boyfriend were in a Dodge Charger traveling 72 mil... view full summary
CIVIL PROCEDURE

12.District court erred in recusing district attorney.
State v. Vincent Simmons, 2021-OK-01362 (La. 12/21/2021) [3 pp.]
From LSCR Volume 29, Issue 12
     In response to defendant's application for post-conviction relief, the Avoyelles Parish District Attorney indicated he would assert procedural objections, rather than w... view full summary
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