14 results for 'judge:"Thierry"'.
J. Thierry finds that defendant was properly convicted and sentenced to 35 years at hard labor for manslaughter for shooting a man sitting on his bicycle. Defendant claims that the state did not prove that he did not reasonably believe that he was in imminent danger when he shot the man, but the state presented evidence that not only did the man not have a gun at the time of the shooting, but defendant made attempts to destroy evidence of the crime, indicating a guilty conscience that does not comply with a claim of self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: May 15, 2024, Case #: KA-23-508, Categories: Self Defense, Manslaughter
J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: Property, Injunction
J. Thierry partially reverses the judgment that the Office of Workers' Compensation rendered to the van driver regarding a work-related injury, specifically the portion that denies the worker reinstatement of benefits. The workers' compensation judge wrongfully denied the worker her benefits because it claimed that she "abandoned" her position, so the worker is entitled to 66.6% of the difference between her pre-injury weekly wage of $498 and the weekly amount of $52 that she is currently able to earn. The matter is remanded to the Office of Workers' Compensation to precisely calculate the supplemental earnings benefits to which the worker is entitled. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 17, 2024, Case #: WCA-23-674, Categories: Employment, Workers' Compensation
J. Thierry partially reverses the judgment that the Office of Workers' Compensation rendered to the van driver regarding a work-related injury, specifically the portion that denies the worker reinstatement of benefits. The workers' compensation judge wrongfully denied the worker her benefits because it claimed that she "abandoned" her position, so the worker is entitled to 66.6% of the difference between her pre-injury weekly wage of $498 and the weekly amount of $52 that she is currently able to earn. The matter is remanded to the Office of Workers' Compensation to precisely calculate the supplemental earnings benefits to which the worker is entitled.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 17, 2024, Case #: WCA-23-675, Categories: Employment, Workers' Compensation
J. Thierry finds that the workers' compensation judge properly ruled in favor of the casino employee in her claim over on-the-job shoulder injuries she sustained in separate incidents. The evidence supports the finding that the employer's job offer to the employee upon her return to work was not suitable for her restrictions. Though, the past indemnity benefits award is reduced from $94,640 to $58,240 based on a cap at 104 weeks due to evidence of her retirement from the workforce. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: March 20, 2024, Case #: WCA-23-578, Categories: Damages, Workers' Compensation
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J. Thierry finds that the trial court properly dismissed the hospital patient's medical malpractice claim over a severe pressure ulcer she developed while in a medically induced coma. The alleged malpractice happened during the Covid-19 pandemic, and the patient failed to meet the "heightened burden" of the state's Health Emergency Powers Act by proving gross negligence or willful misconduct had occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: March 20, 2024, Case #: CA-23-562, Categories: Experts, Medical Malpractice
J. Thierry finds that defendant was properly found guilty of armed robbery of a gas station for an incident in which he was accused of hitting the cashier with a beer bottle and taking money from the register. The surveillance video and the police interview was sufficient evidence to identify defendant as the perpetrator of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: February 21, 2024, Case #: KA-23-135, Categories: Evidence, Robbery, Identification
J. Thierry finds that the trial court improperly granted defendant a change of venue for his trial on a second degree murder charge after a shooting victim was found dead in his vehicle. Despite the pretrial media coverage of the murder and of defendant's prior homicide conviction that was overturned, he did not show there was "prejudice in the public mind such that a fair trial would be impossible in Acadia Parish." Reversed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: December 20, 2023, Case #: KA-23-456, Categories: Criminal Procedure, Fair Trial, Murder
J. Thierry finds that the trial court properly entered a judgment of possession in a succession case involving the partition of movable items in the decedent's home through a bidding process. The record shows that the heir consented to the executor's process for the partition and that the distribution of the items was an "in-kind partition and not a sale." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: December 20, 2023, Case #: CA-23-61, Categories: Property, Wills / Probate
J. Thierry finds that the trial court properly named the paternal grandmother as the domiciliary parent of the minor child. The evidence supports the finding that the mother did not act in the best interest of the child and had "failed to exhibit a full commitment to the responsibilities of parenthood." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: November 2, 2023, Case #: CA-23-90, Categories: Family Law
J. Thierry finds that the trial court improperly denied summary judgment to the insurance company in an auto accident case brought by a passenger of a vehicle involved in a high-speed chase with police. Coverage for the passenger was barred by a policy exclusion that applies to drivers "engaged in the commission of a crime." Reversed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: October 25, 2023, Case #: CW-23-165, Categories: Insurance, Contract
J. Thierry finds that the trial court improperly terminated the father's parental rights to his daughter and granted an intrafamily adoption in favor of the maternal grandmother and step grandfather. The father's failure to visit or communicate with his daughter was due to a protective order that prohibited him from contacting her, and this constitutes just cause for not communicating with her. Thus, the father's consent to the adoption was required in this case. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: October 4, 2023, Case #: JAC-23-248, Categories: Family Law
J. Thierry finds that the trial court properly granted the plaintiff driver and his wife judgment notwithstanding the verdict regarding the issues of liability and damages in an auto accident case. The evidence and applicable law showed the defendant driver should have been deemed fully at fault for the plaintiff driver's injuries. Also, the jury's award of nothing for future damages "ignores the overwhelming evidence" in favor of the plaintiff driver. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: July 12, 2023, Case #: CA-22-712, Categories: Civil Procedure, Damages, Negligence