1,041 results for 'court:"Louisiana Court Of Appeal"'.
J. Jenkins vacates the judgment ordering that a father shall no longer communicate with his children's school because that judgment is not a custody judgment but is a permanent injunction. In this case, a trial on the permanent injunction never took place. Further, the trial court failed to implement the correct procedures at an earlier hearing by not holding a full trial on the merits before ruling on a principal dispute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: April 3, 2024, Case #: 2023-CA-0502, Categories: Civil Procedure, Family Law, Injunction
J. Ortego finds that the workers' compensation judge improperly denied the employer's motion for summary judgment as to an oilfield surveyor's claim after he allegedly contracted Covid-19 on the job. The surveyor did not give evidence that his contracting of Covid-19 "was the result of the particular nature of the work performed." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 3, 2024, Case #: WCW-23-454, Categories: Employment, Workers' Compensation
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: Firearms, Murder, Self Defense
[Consolidated.] J. Perry finds that the trial court properly ordered the full interdiction of a fifty-four-year-old individual who has intellectual and developmental disabilities. The testimony of the medical expert and other evidence supports the finding that the individual is not able to "make reasoned decisions regarding the care of his person and property." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: CW-23-213, Categories: Evidence, Family Law, Experts
J. Fitzgerald finds that the trial court erred in issuing a preliminary injunction that bars the former employee from competing with his former company. The noncompetition provision is not valid since it is ambiguous and overly broad. Also, the former employer failed to prove the "existence of legally protectable trade secrets and proprietary information." Reversed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: April 3, 2024, Case #: CA-23-615, Categories: Employment, Contract, Injunction
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J. Stiles finds that defendant was properly convicted and sentenced for the second-degree murder of his wife after shooting her in their trailer. Defendant's claim that two letters he allegedly wrote while he was in jail and awaiting trial were improperly admitted lacks merit since the letters were authenticated by two witnesses. Also, the probative value of the letters outweighed any prejudicial effect. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: KA-23-629, Categories: Evidence, Murder
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. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: Insurance, Contract
J. Dysart finds that the trial court properly determined that a store was not vicariously liable for an employee's actions in an altercation with a customer. In this case, the customer and the employee knew each other because the customer was the current husband of the employee's ex-wife. The surveillance video shows that both parties were willing participants in the fight, with the customer shoving the employee and the employee hitting the customer with bolt cutters. The evidence shows that the altercation was not rooted in the employee's employment and was personal in nature. Further, given the actions of the parties, the jury properly determined that the customer was 35 percent at fault and the employee was 65 percent at fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0482, Categories: Employment, Contract
J. Dysart finds that the district court should not have found for a hotel on a patron's slip and fall claim. In this case, there are genuine issues of material fact as to whether the mat the patron was walking on at the time of the accident was defective. A valet testified that there was a problem with the mat at the entrance and that he had discussed the mat with a hotel employee on a previous occasion. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0589, Categories: Evidence, Negligence
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: Evidence, Vehicle, Property Crimes
J. Ledet finds that the trial court should not have denied a condominium association's motion to reallot this case to Division L. In this case, a previous collection suit regarding the same parties and the instant suit are "related" since both suits involve issues regarding the costs associated
with roofing and waterproofing the owner's property, which led to the alleged failure to pay the assessments in this case. The other collection suit was already allotted to Division L. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 2, 2024, Case #: 2024-C-0134, Categories: Civil Procedure, Debt Collection, Property
J. Marcel finds that the trial court properly found for a homeowner who sued a dog owner for negligence after she was bitten by the dog while the dog owner was walking by her home. The homeowner testified that the dog bit her during an altercation with the homeowner's dog through a small hole in the fence. Further, the homeowner testified that the injury led to multiple surgical interventions and caused residual impairments to her finger. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 28, 2024, Case #: 23-CA-373, Categories: Evidence, Negligence
J. Fitzgerald finds that defendant was properly convicted of second degree murder for the shooting death of a victim during a drug buy. There was sufficient evidence of defendant's "specific intent to kill the victim," and this includes testimony from a witness, detective and the doctor who performed the autopsy of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 27, 2024, Case #: KA-23-484, Categories: Evidence, Murder
J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Chehardy finds that the trial court should not have granted the Office of Community Development's exception of no cause of action on a homeowner's claim that the judgment against him contained false information regarding the home elevation grant that was the basis of the suit. The homeowner should have been given an opportunity to amend his complaint to show sufficient relevant facts to support the allegations of fraud or ill practices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-366, Categories: Civil Procedure, Fraud
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, Insurance
J. Schlegel finds that the trial court should not have granted a neighbor's exception of prescription on a property owner's claim filed on September 13, 2022, that his house was damaged when the neighbor's tree fell on it during a hurricane. In this case, although the homeowner's petition references Hurricane Ida making landfall on or about August 29, 2021, the petition does not actually allege a specific date when the tree fell and damaged his property. Further, the neighbor did not introduce evidence as to when the damage occurred. The undisputed evidence shows that the homeowner did not return to his home until September 17, 2021, after evacuating before the hurricane made landfall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: March 27, 2024, Case #: 23-CA-408, Categories: Evidence, Property, Negligence
J. Pickett finds that the trial court properly granted sole custody of the child to the biological mother, who was in a custody dispute with her former partner from a same-sex relationship. The biological mother showed there was a material change in circumstances, and the evidence shows it is in the child's best interest for the biological mother to have sole custody. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: March 27, 2024, Case #: CA-23-548, Categories: Evidence, Family Law
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. Wilson finds that the trial court properly sustained the exception of no right of action in the estate's breach of contract claim involving the lack of insurance provided to a doctor who was sued for medical malpractice by the decedent's husband, who won a $2.8 million judgment but has yet to collect on it. The husband has no right of action since he was not a third-party beneficiary to the contract between the doctor and physicians group. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: March 27, 2024, Case #: CA-23-527, Categories: Medical Malpractice, Contract
J. Windhorst finds that the trial court properly found for a dentist on a patient's medical malpractice claim alleging the dentist punctured his tongue while administering local anesthesia. In this case, the patient waited until the dentist filed a motion for summary judgment to retain an expert but failed to provide competent summary judgment evidence in opposition to the dentist’s motion. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 27, 2024, Case #: 23-CA-380, Categories: Evidence, Medical Malpractice
J. Savoie enters summary judgment dismissing the driver's claims seeking underinsured/uninsured motorist coverage from the insurer after an auto accident. There was no UM coverage for the driver under her father's policy based on the policy exclusions.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 27, 2024, Case #: CW-23-409, Categories: Insurance, Contract
J. Perret finds that the trial court improperly granted third-party defendants' exception of no right of action as to an exploration company's third-party demands in a suit seeking remediation for alleged property damages caused by oil and gas activities. The exploration company established it has a right of action for contribution against the third-party defendants. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: March 27, 2024, Case #: CA-23-526, Categories: Energy, Property, Indemnification
J. Chehardy finds that this court does not have jurisdiction to hear a property owner's judicial review of a judgment related to the Disaster Recovery Unit's suit seeking the return of grant money given to property owners to elevate their property. In this case, the property owner's motion for appeal was only made to the trial court's judgment denying the motion for new trial.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-348, Categories: Civil Procedure, Property