1,041 results for 'court:"Louisiana Court Of Appeal"'.
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. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
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
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: Contempt, Evidence, Family Law
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J. Wolfe finds that the trial court properly dismissed the resident's injury claims against the parish after he fell into an open garbage receptacle at a pick-up station while trying to dump trash. The open receptacle did not present an unreasonable risk of harm, and there was no breach of duty by the parish. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CA1099, Categories: Negligence
J. Ervin-Knott finds that the trial court should not have denied the original property owner's motion for a new trial on a finding for a tax sale purchaser's suit to quiet title. The purchaser did not show that the owner had been duly notified of her rights to redeem or, alternatively, nullify the tax sale. Further, there are genuine issues of material fact as to whether the city or the purchaser made diligent and reasonable efforts to notify the owner of her rights before taking her property. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: April 18, 2024, Case #: 2023-CA-0645, Categories: Property, Due Process
J. Ledet finds that defendant was properly sentenced to a cumulative 65 year sentence on his guilty plea to a sixteen-count indictment arising from a drunk driving incident that took place after a parade where he drove into a crowd, including seven bicyclists, fatally injuring two of the bicyclists. Although defendant did not have a prior criminal conviction, his criminal history included a DWI that involved drinking and driving at a parade route. Further, the circumstances of his first degree negligent injuring offenses involved inflicting injury on six victims, excluding the two fatality victims, the vehicular negligent injuring victim, and property damage, and those sentences were ordered to run concurrently, not consecutively. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 17, 2024, Case #: 2023-KA-0591, Categories: Sentencing, Vehicular Homicide
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: Insurance, Vehicle, Damages
J. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: Sentencing, Sex Offender, Child Victims
J. Lanier finds that the trial court improperly dismissed a customer's slip and fall action over an incident in a shopping center parking lot that was being re-tarred. There are genuine issues of material fact as to whether the alleged unreasonably dangerous condition of the parking lot was "open and obvious." Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: April 17, 2024, Case #: 2023CA1016, Categories: Civil Procedure, Negligence
J. Savoie finds that defendant was properly convicted for the first-degree murder of his wife, the attempted first-degree murder of his stepdaughter, and possession of a firearm by a convicted felon. Defendant argues that the trial court wrongfully denied his motion for a new trial on the basis that defective jury summonses did not implement Act 121, which allows convicted felons to serve on juries under certain circumstances. Defendant did not timely challenge his jury venire because he did not file a motion to quash before trial, thus waiving his objection. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 17, 2024, Case #: KA-23-616, Categories: Jury, Murder
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. 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. Guidry finds that the lower court properly granted the contractor's motion to vacate an arbitration award stemming from a dispute with a subcontractor. The award was rendered against an entity that "was not a party to the subcontract agreement containing the arbitration clause," so the arbitrator exceeded his authority in rendering the award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: April 17, 2024, Case #: 2023CA1114, Categories: Arbitration, Contract
J. Herman vacates the trial court's denial of the Department of Public Safety's motion for summary judgment on an inmate's claim that he was detained beyond his legal sentence after he pleaded guilty. In this case, an offender’s claim regarding the computation of good time credit must be addressed through the Corrections Administrative Remedy Procedure. Without a ruling through the Corrections Administrative Remedy Procedure, damages for the inmate’s claims of wrongful detention cannot be assessed. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: April 17, 2024, Case #: 2023-C-0786, Categories: Civil Rights
J. Gremillion finds that defendant was properly convicted for the second-degree murder of his wife. Defendant claims that the trial court should have allowed him to present his defense that he was too intoxicated to form specific intent when he fatally shot his wife, but nothing on record shows that the trial court limited his intoxication defense, and his stepdaughters consistently testified that defendant and his wife fought before she died. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-614, Categories: Evidence, Murder
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: Jury, Sentencing, Domestic Violence
J. Love finds that the trial court properly granted defendant's motion to suppress evidence seized. The state does not show that the concealed gun evidence would have been discovered "inevitably or by an independent source." Further, the mere concealment of a firearm is not an offense subject to an arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 16, 2024, Case #: 2024-K-0169, Categories: Evidence, Firearms, Miranda
J. Belsome find that the trial court properly upheld the Vieux Carre’ Commission’s denial of a property owner’s proposal to modify its building in the French Quarter. In this case, the commission’s recommendation was based on preserving the “tout ensemble” of the historic property with its original architectural features. The commission’s guidelines require “the stoop or stairs be retained at each historic door entrance even if no longer in use.” Since the commission decided to preserve the distinctive character of the French Quarter, the denial of the permit to modify the building is reasonable and not arbitrary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: April 15, 2024, Case #: 2023-CA-0613, Categories: Property, Zoning
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
J. Savoie vacates the driver's sentence for vehicular homicide for driving while intoxicated and rear-ending another vehicle, resulting in the other driver's death. The original judge changed the 30 eight-hour days of community service to 480 hours, but the trial court did not specify how much of the community service consisted of prevention, or how much "extra time, extra credit" this community service would count if the driver brought her children to church with her. Vacated.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: KA-23-779, Categories: Probation, Sentencing, Vehicular Homicide
J. Savoie finds that the lower court properly dismissed the driver's complaint alleging that the insurance company must cover the driver's and passenger's claims for injuries sustained in an accident with the insurance company's client. The driver argues that the insurance company's client should have had a warning sign attached to its truck, which would have helped the driver avoid the collision, but there is no authority under Louisiana law that requires the client to add an additional warning sign. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: CA-23-358, Categories: Insurance, Vehicle
J. Ellender finds that defendant was properly sentenced to eight years on his conviction for possession of a firearm by a convicted felon. In this case, the sentence was not excessive based on his extensive criminal history, which included multiple felony charges and convictions. Further, defendant does not show that he was given ineffective assistance since he did not establish that if his counsel had filed a motion to reconsider, his sentence would be different. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,580-KA, Categories: Ineffective Assistance, Sentencing
J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Marcotte finds that the trial court properly found for a lender, determining that the borrower owes the lender $4.2 million. The lender's records show that the borrower executed the commercial guaranty as manager and member of an aviation company, and the commercial guaranty includes several references to the company's future indebtedness. Further, the guaranty explicitly stated that the borrower was still liable for any debt that the company incurred prior to revocation of his guaranty. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: April 10, 2024, Case #: 55,557-CA, Categories: Banking / Lending, Contract
J. Marcotte finds that defendant was properly convicted of attempted second-degree murder, aggravated burglary, and attempted armed robbery. There was evidence from the victims who knew defendant from previously hiring him that identified him as the attacker. Further, defendant confessed that thought he killed someone that night, and that the attempted murder victim's DNA was found on defendant's belongings, including a weapon. The victim suffered multiple stab wounds, both eyes were destroyed and both ears were punctured, resulting in the victim being blinded, sustaining brain damage, and being unable to find work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,514-KA, Categories: Burglary, Evidence, Murder