25 results for 'judge:"Kyzar"'.
J. Kyzar finds that the lower court improperly granted the parental rights of the child from the parents to the paternal grandparents. The parents fulfilled every requirement of their case plan, completed parenting classes, learned how to property tube feed the child and attended her medical appointments. Family reunification was the goal until the caseworker deemed that the child had a trauma response to seeing her parents without personally observing such a reaction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: May 1, 2024, Case #: JAC-23-768, Categories: Family Law
J. Kyzar finds that defendant was properly convicted for DWI, fifth offense. Defendant claims that his counsel failed when they did not seek to suppress and object to the use his medical records as evidence, as those include the results of his blood alcohol tests, but there was no reason why the trial court would allow counsel to suppress or successfully object to the admission of this evidence that the trooper obtained with a warrant.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 17, 2024, Case #: KA-23-742, Categories: Evidence, Ineffective Assistance, Dui
J. Kyzar finds that the trial court properly dismissed a patient's claim against the surgery center over the alleged failure to investigate domestic abuse by a doctor who performed surgeries on her. The patient's "administrative negligence" claim falls under the Louisiana Medical Malpractice Act and was prescribed since it was filed over three years after the alleged malpractice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 3, 2024, Case #: CA-23-682, Categories: Civil Procedure, Medical Malpractice
J. Kyzar finds that the trial court improperly granted partial summary judgment and dismissed the family members' wrongful death claims over the death of their father from a heart attack following a rear-end auto accident with a truck. There are issues of material fact as to whether the father's heart attack "was caused by or at least precipitated by the accident and injuries he suffered therefrom." Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 27, 2024, Case #: CW-23-750, Categories: Tort, Wrongful Death
J. Kyzar finds that the workers' compensation judge erred as to the amount of average weekly wages (AWW) and compensation rate for the employee in a workers' compensation case. The calculation of the AWW improperly ignored the jurisprudence for overtime wages, so the correct AWW is $544 and compensation rate is $363. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: WCA-23-586, Categories: Employment, Damages, Workers' Compensation
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J. Kyzar finds that defendant was properly convicted of first degree rape of his wife's grandson. Defendant's motion to suppress a confession made during the investigation after his arrest was correctly denied since there was no evidence of any "coercive conduct leading to the confession." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: KA-23-524, Categories: Evidence, Tort
J. Kyzar finds that defendant was properly convicted and sentenced on counts of indecent behavior with a juvenile and aggravated crime against nature. Defendant did not show he was denied the right to counsel when he sought to withdraw his guilty pleas or that the pleas were not voluntarily made. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 14, 2024, Case #: KA-23-487, Categories: Sentencing, Sex Offender, Plea
J. Kyzar finds that the trial court properly ruled in favor of the city parties in a pedestrian's personal injury suit over an incident where he stepped on a manhole cover that broke, causing his leg to fall into the manhole. The pedestrian did not give evidence that the city had prior notice of the defective manhole cover. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 14, 2024, Case #: CA-23-613, Categories: Evidence, Negligence
J. Kyzar finds that the trial court properly granted partial summary judgment that the concrete truck driver was solely at fault for a rear-end auto accident that resulted in a fatal injuries to a child and serious injuries to her other family members. The evidence shows that although another driver had cut across the concrete truck driver's lane in order to avoid being hit by him, her actions were not a "substantial cause of the accident" since the concrete truck driver failed to keep his attention focused on the roadway and timely slow his vehicle before crashing into the family's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 7, 2024, Case #: CA-23-367, Categories: Evidence, Negligence, Wrongful Death
J. Kyzar finds that the trial court properly granted partial summary judgment to the colonel and awarded attorney fees to the state agency in a defamation suit brought by a former member of the Louisiana State Police Commission. The award of $50,376 in fees to the agency was supported by the record when it prevailed on its motion to strike, and the former member did not show the colonel abused his "qualified privilege" in making the statements in the specified incident report or that he acted with malice or in bad faith. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: CA-23-253, Categories: Civil Procedure, Defamation, Attorney Fees
J. Kyzar finds that defendant was properly convicted of second degree murder and given a life sentence stemming from her role in the shooting death of a victim found along a riverbank in a park. There was sufficient evidence of defendant's involvement in the robbery, kidnapping and murder of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: KA-23-350, Categories: Evidence, Murder, Robbery
J. Kyzar grants defendant supervisory review but upholds the denial of his motion to quash the indictment charging him with possession of a firearm by a convicted felon. Defendant argues the relevant state statute is unconstitutional when applied to his circumstances "as a prior convicted felon for a drug-related offense." But the U.S. Supreme Court's decision in Bruen "does not, in general, declare unconstitutional laws making it unlawful for convicted felons to own or possess firearms." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: December 13, 2023, Case #: KW-23-718, Categories: Criminal Procedure, Constitution, Firearms
J. Kyzar finds that defendant was properly convicted of second degree murder for the shooting of a victim found in a motel parking lot. The motel surveillance footage and other evidence was sufficient to show "beyond a reasonable doubt" that defendant committed the offense and had not acted in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: KA-23-313, Categories: Evidence, Firearms, Murder
J. Kyzar finds that the trial court properly dismissed the suit against the combine manufacturer over injuries and damages that occurred when the operator of a combine was using an auger to offload rice when it contacted a power line. The suit was prescribed since it was not filed within the one-year period from when the injury was sustained. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: CA-23-263, Categories: Civil Procedure, Product Liability
J. Kyzar finds that the trial court erred in granting the exception of prescription in favor of the company member in the former employee's suit to recover unpaid wages and commissions. The timely filed suit against the company interrupted prescription as to the member. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: CA-23-166, Categories: Civil Procedure, Employment
J. Kyzar finds that defendant was properly convicted of sexual battery, malfeasance in office, and filing or maintaining false public records stemming from incidents involving a female patrol officer and fraudulent traffic tickets that happened when he was a police chief. There was no double jeopardy violation in this case, and the victim's testimony about the incidents was sufficient evidence that defendant committed sexual battery. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: KA-23-218, Categories: Evidence, Double Jeopardy, Battery
J. Kyzar finds that the trial court properly granted a judgment notwithstanding the verdict and awarded $363,626 in damages to the emergency medical technician on her personal injury claim over a shoulder injury that occurred when a nurse suddenly stopped the stretcher she was pulling. The evidence supports the jury's determination that the nurse was negligent but also shows that the jury erred by not finding the incident was the "cause-in-fact" of the EMT's injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: July 26, 2023, Case #: CA-22-749, Categories: Civil Procedure, Damages, Negligence