21 results for 'judge:"Hester"'.
J. Hester vacates defendant's habitual offender adjudications and sentences after being found guilty on counts of firearm possession and obstruction of justice. Defendant's prior convictions for aggravated battery and aggravated criminal damage to property should not have been used "as both a predicate to the instant firearm offenses and a prior conviction for purposes of enhancing those same offenses under the habitual offender law." Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023KA1082, Categories: Firearms, Sentencing
J. Hester finds that the lower court improperly found a dog owner strictly liable for any damages caused by her dog in an incident in which it attacked a man and his two dogs. The affidavits of the plaintiffs alone did not establish that they did not provoke the attacking dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023 CA 0611, Categories: Damages
J. Hester finds that the trial court improperly granted partial summary judgment that the dog owner was strictly liable relating to an alleged "unprovoked attack by her dog" on the plaintiff dog owner and his Boston Terriers. There is a genuine issue of material fact as to whether the terrier owner's damages resulted from his provocation of the other dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023CA0611, Categories: Civil Procedure, Negligence
[Consolidated.] J. Hester finds that the trial court properly ruled in favor of the general contractor in a discovery dispute with the construction manager that stems from litigation involving a school renovation project. The record supports the determination that the construction manager was non-compliant with the order compelling discovery. Though, the sanctions that struck the construction manager's defenses and barred the introduction of evidence for those defenses was an abuse of discretion, so the judgment is amended accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: February 21, 2024, Case #: 2023CA0309, Categories: Construction, Sanctions, Discovery
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J. Hester finds that the trial court erred in assessing sanctions to the heir after the denial of her motion for a new trial in the dispute over ownership of a decedent's property. The trial court did not give a basis for the sanctions imposed, so the case is remanded for an explanation of the conduct that violated the relevant statute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: February 21, 2024, Case #: 2023CA0302, Categories: Civil Procedure, Property, Wills / Probate
J. Hester finds that the trial court improperly dismissed the inmate's claims against the doctor over the alleged denial of medical care that led to severe injuries. The doctor's exception of prematurity was incorrectly sustained since he did not give evidence that he was immune from suit "as a qualified health care provider" under the Louisiana Medical Malpractice Act for the relevant period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: December 27, 2023, Case #: 2023CA0646, Categories: Civil Procedure, Health Care, Negligence
J. Hester finds that the lower court properly adopted the department's "Most Feasible Plan for Necessary Evaluation" for the remediation of a tract of land that was contaminated by past oil and gas operations. The plaintiff landowner's assignments of error lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 30, 2023, Case #: 2022CA1169, Categories: Environment, Property
J. Hester finds that defendant was properly convicted of first degree murder and being a convicted felon in possession of a firearm. In this case, the evidence shows that defendant entered his estranged wife's garage, waited until his wife's child returned from school and followed him into the house. Defendant then waited for his wife to return later that night and shot her in two separate rounds of gunfire. Therefore, the evidence does not show that defendant shot the wife in the heat of the moment after realizing that she had been gone on vacation with another man. Further, the wife's son testified that defendant told him to not tell the wife that he was there when she called on the phone and pulled out a gun as soon as the wife entered the house. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 KA 0117, Categories: Evidence, Murder
J. Hester finds that the trial court properly determined that a market's negligence contributed to a patron's slip and fall. In this case, the accident occurred during unprecedented flooding, and the floor mats usually at the front of the store were removed because they were soaking wet. However, fault should also have been allocated to the patron because she was aware of the flooding situation, observed large yellow cones at the entryway, and chose to wear plastic flip flops which contributed to the accident. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 CA 0251, Categories: Evidence, Negligence
J. Hester finds that the trial court properly granted an order of protection against the alleged stalking perpetrator. In this case, the victim stated that he was a former friend of the perpetrator who thought they were in a relationship, and that he had been harassing him through email and social media, pretending to be him on media apps. Further, the victim testified that he had not contacted the perpetrator for over two years, and that the perpetrator continued to contact him and his girlfriend and brought up his four-year-old son in emails. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 CA 0335, Categories: Evidence, Restraining Order
J. Hester finds that the lower court properly ruled in favor of the insurer in a dispute over coverage for tree debris removal following a hurricane. The coverage for tree removal is limited to $1,000 in the policy, so the owner's damages do not exceed the "hurricane deductible." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: October 11, 2023, Case #: 2023CA0226, Categories: Insurance, Damages, Contract
J. Hester finds that the trial court properly denied the individual a permanent injunction in a dispute over a neighbor's construction of a building that allegedly violated a city ordinance. The individual's claim was moot since the construction of the building was completed prior to the trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: September 15, 2023, Case #: 2023CA0036, Categories: Property, Injunction
J. Hester finds that the trial court properly awarded the individual damages on a detrimental reliance claim relating to the renovation of a property to be used as a bar/restaurant. The evidence supports the finding that the individual "detrimentally relied on a promise made" by his lifelong friend regarding the project. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: June 14, 2023, Case #: 2022CA1160, Categories: Property, Contract