1,041 results for 'court:"Louisiana Court Of Appeal"'.
J. Herman finds that the trial court properly denied the insurance guaranty association's motion for summary judgment in this asbestos suit. After two of the employer's previous insurers became insolvent, the association assumed its statutory obligation to the employer. The association did not show that the insolvent insurers' policies issued to the employer of the asbestos claimant contained an exclusion for coverage, and the association could not produce the actual policies issued. Further, there was testimony that the association had accepted 60 cases for the employer. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: May 16, 2024, Case #: 2023-CA-0575, Categories: Insurance, Asbestos
J. Chase finds that the trial court properly dismissed the insurer of a driver in this car collision suit caused by a hit and run driver. In this case, uninsured motorist coverage was validly waived by the primary policy holder under Texas law. Texas law applies because the policy was issued and negotiated in Texas and lists only Texas addresses for the insurance agency and primary policy holder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: May 16, 2024, Case #: 2023-CA-0734, Categories: Insurance, Contract
J. Belsome finds that the trial court should not have dismissed the property owner from a worker's claim related to injuries sustained when he suffered an electric shock and fell during his work on a construction site. In this case, there is a genuine issue of material fact that the property owner did not follow its own internal safety manual when it retained operational control of all electrical work and did not retain an electrical contractor to supervise all electrical work or to provide its own personnel. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0749, Categories: Construction, Tort, Contract
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. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: Fraud, Business Practices, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Schlegel finds that the trial court should not have denied an insurer's motion for summary judgment for coverage to an insured on a claim of faulty repair work the insured performed on a truck. The insurer's policy does not provide coverage for damages arising from faulty workmanship. Further, the truck owner presented evidence that when its employees went to retrieve the truck, the insured's employee started up the truck and drove it a short distance despite the fact that the engine warning light and alarm had activated due to lack of sufficient oil in the engine. Therefore, the "products completed operations hazard” does not apply because the truck was still on the insured's property at the time the damage occurred. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: May 15, 2024, Case #: 24-C-125, Categories: Insurance, Contract
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: Evidence, Wrongful Death
J. Johnson finds that the trial court properly dismissed a hotel visitor's fall claim against the hotel when a bottom cushion of the chair slid out as he sat down, causing him to fall forward. In this case, the visitor's videotape of a hotel employee allegedly admitting to the defective nature of the chair was not admitted because the videotape was not properly authenticated. Further, the hotel submitted an affidavit of an employee who stated she observed and inspected the chair and that the chair was not defective. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-449, Categories: Evidence, Negligence
J. Johnson finds that the trial court properly dismissed a pedestrian's trip and fall claim, alleging that she was injured when she stepped in a hole in the city's parking lot. In this case, the trial court lacks subject matter jurisdiction because the Office of Workers’ Compensation has exclusive, original jurisdiction over the matter. The pedestrian's claims of negligence against the city were alleged under the theory of premises liability, and, at the time of the fall, the pedestrian was walking to her vehicle at the end of her workday with the city. Therefore, the pedestrian was still in the course of her employment with the city. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-368, Categories: Negligence, Jurisdiction, Workers' Compensation
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: Evidence, Search
J. Wilson finds that the trial court correctly found in favor of the children, who claim that their father's wife breached her fiduciary duties by unfairly changing his will to make her sole income and principal beneficiary of all assets belonging to the trust. The children presented medical evidence that their father's dementia left him vulnerable to undue influence, all witnesses confirmed that the father had a history of providing for his children, the original trust document left his children and grandchildren assets but the amended document left it all to his wife, and the testimony of the wife and her daughter contradicting the other evidence lacked credibility. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: May 15, 2024, Case #: CA-23-773, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Stephens finds that the trial court properly denied plaintiff gas companies' motion to strike the competition claims asserted by defendant gas companies in its reconventional demand on the petition seeking declaratory judgment that the defendants may not, without approval, locate proposed pipeline crossings across properties covered by plaintiffs' own pipeline right-of-way servitudes. In this case, the reconventional demand does not implicate the state's anti-SLAPP law and is a dispute regarding the interpretation of Louisiana’s property law involving private parties. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: May 15, 2024, Case #: 55,900-CA, Categories: Unfair Competition, Contract
J. Robinson finds that the trial court properly dismissed an account holder's claims for damages after a credit union placed an administrative freeze on her and her company's accounts. In this case, the credit union was issued a search warrant related to allegedly stolen money being put into the company's account that the account holder received from an investor. The credit union manager had a responsibility to protect the assets of the credit union. Further, the credit union acted within its rights under the loan and security agreements when it placed the loan in default and repaid the loan through account funds pledged as security for the loan. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 15, 2024, Case #: 55,483-CA, Categories: Banking / Lending, Contract
J. Molaison finds that the trial court properly found for the surviving daughter on the decedent's granddaughters' claim that the daughter, their aunt, should not have been transferred trust assets and had a duty to provide an accounting to them on those assets. In this case, the decedent designated her two daughters as initial principal beneficiaries, entitled to the remainder of the principal in the trust upon her death, with the trust providing "if a principal beneficiary predeceases a Settlor, the principal beneficiary’s interest shall vest in the surviving principal beneficiary, or if there is no surviving principal beneficiary, in the surviving descendants of Settlor.” The deceased daughter, who was the mother of the grandchildren, died before the decedent. Under the trust, the decedent was the income beneficiary of the trust when her daughter died, shifting the principal beneficiary interest to the surviving daughter. The decedent's inter vivos donation conditioned on the beneficiary surviving her is permissible and is not a prohibited substitute under the Trust Code. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: May 15, 2024, Case #: 23-CA-251, Categories: Family Law, Trusts
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: Real Estate, Contract
J. Johnson vacates the judgment of eviction since the tenant was deprived of a fair trial because the trial court did not swear-in the landlord's property manager and relied on her statements during trial. Further, the trial court called a security guard witness on behalf of the landlord over the tenant's objection. Vacated.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 13, 2024, Case #: 2023-CA-0782, Categories: Civil Procedure, Landlord Tenant
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: Employment, Contract
J. Jenkins finds that the trial court properly found the city 90 percent at fault, and a construction company ten percent at fault, for the wrongful demotion of a property. After the city issued a notice of emergency demolition of the property and contracted with the construction company for demolition, it instructed the construction company to put the property on a "Do Not Demolish" list. However, the city's demolition coordinator and deputy director of code enforcement kept separate “Do Not Demolish” lists, and the deputy director of code enforcement failed to inform the construction company that the property should not be demolished after being texted that the construction company was at the property. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 10, 2024, Case #: 2023-CA-0659, Categories: Property, Contract
J. Love finds that the trial court properly determined that borrowers defaulted on a note with the bank. The bank produced the original note and mortgage with the borrowers and showed the borrowers' payment history being past due. Further, the borrowers do not show that the bank used deceptive tactics in order to obtain judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 10, 2024, Case #: 2023-CA-0706, Categories: Evidence, Banking / Lending
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: Drug Offender, Firearms, Search
J. Penzato finds that the workers' compensation judge properly granted summary judgment in favor of the festival company in a jouster's claim for benefits for injuries sustained while performing at a renaissance festival when he was knocked off his horse. The jouster was exempted from workers' compensation coverage since he was "rendering services pursuant to a performance contract." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 9, 2024, Case #: 2023CA1003, Categories: Employment, Contract, Workers' Compensation
J. Fitzgerald finds that the trial court properly found in favor of the homeowners against the construction company for installing defective roof panels, which created shadowing from an irregular corrugation pattern and gave their home a striped, zebra-like look. The construction company claims that the trial court erred when it did not determine whether the alleged defect rendered the entire thing useless or if the defect just diminished the usefulness and value of the thing, but the applicable law did not require the trial court to make such a determination to render its judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: May 8, 2024, Case #: CA-23-668, Categories: Construction, Contract
J. Pickett finds that the trial court properly denied the individual's request for the issuance of a write of mandamus ordering the court clerk for the Fifteenth Judicial District Court to produce records per the Public Records Law regarding his criminal prosecution for aggravated rape. The individual claims that the trial court erred when it did not require the court clerk to product documents showing that nine of the 11 grand jurors on the grand jury panel specifically voted to indict him, but the individual already exhausted his appellate remedies and can only file for post-conviction relief, which he did not do. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: May 8, 2024, Case #: CA-24-3, Categories: Public Record
J. Perry dismisses the state's appeal of the trial court's decision to grant defendant's application for post-conviction relief related to his conviction of murder in 1995. The state asked for an extension and had until Apr. 10, 2024 to file a response, but the state did not do so until Apr. 18, 2024. A ruling on a post-conviction relief application is not appealable, but the state may still file an application for supervisory writs within 30 days of this decision.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: May 8, 2024, Case #: KA-24-44, Categories: Criminal Procedure, Murder
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, Sex Offender, Experts
[Consolidated.] J. Herman finds that the trial court should not have denied a truck driver's motion to continue trial after he claimed that the car driver concealed telephone calls with “an indicted conspirator in over 50 staged accidents.” In this case, the possibility of fraud being perpetrated on the judicial system constitutes good cause for a continuance. The record shows that the car driver placed or received approximately 30 calls to and from the indicted conspirator on the day of the accident, both before and after the collision. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman , Filed On: May 8, 2024, Case #: 2023-CA-0480, Categories: Evidence, Negligence