16 results for 'judge:"Savoie"'.
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Savoie finds that the trial court improperly denied the hospital's dilatory exception of prematurity filing, which argues that the patient's lawsuit falls under the Louisiana Medical Malpractice Act (LMMA), and thus a medical review panel must review it first. The trial court relied on inapplicable precedent when making its ruling, the patient's allegations require expert medical testimony about the hospital's standard of care, and the hospital performing the assessment of the patient as one at high risk of fall is within the scope of its licensed activities, which all fall under the LMMA. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 24, 2024, Case #: CA-23-434, Categories: Experts, Medical Malpractice
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. 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
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. 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. Savoie finds the lower court properly awarded general damages, but improperly awarded past medical damages in a worker’s compensation matter. A janitorial employee was injured when he opened an office door and was threatened by an employee's large dog. In fleeing, the janitorial worker injured his leg and knee, requiring surgery. A jury awarded him $1,247,527 in damages. The employer argues evidence does not support the awarded amount and requests a deduction for past medical expenses. The instant court agrees with the employer that evidence does not support the $40,000 award for past medical expenses and reduces it to $39,190. But the instant court finds the $1.2 million award for general damages, that has already been reduced to $500,000 to comply with the statutory cap, is adequately supported by evidence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 13, 2024, Case #: 23-291, Categories: Damages, Workers' Compensation
J. Savoie finds that defendant was properly convicted of second degree murder for the shooting death of his estranged wife who had a restraining order against him. There was sufficient evidence to convict defendant of the crime, and this includes the testimony of the victim's daughter that placed him inside the home shortly before the murder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 6, 2024, Case #: KA-23-259, Categories: Evidence, Murder
J. Savoie finds that defendant was properly sentenced after pleading guilty to attempted second degree murder relating to the shooting of a victim who was mistaken for the intended target. Defendant argued that the 35-year sentence was excessive based on his youthful age, but he faced a sentence as high as 50 years for the crime and also had other charges dismissed due to his plea agreement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: January 10, 2024, Case #: KA-23-206, Categories: Murder, Sentencing
J. Savoie finds that the trial court improperly dismissed the shopper's claims stemming from his alleged injuries due to a slip and fall. The shopper's expert report was erroneously stricken based on the fact no inspection of the store was done, but the expert could not perform an inspection or testing at the site since the store had filed for bankruptcy and abandoned the location. Also, the evidence created genuine issues of material fact that precluded summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: August 16, 2023, Case #: CA-22-745, Categories: Civil Procedure, Evidence, Tort
J. Savoie finds that the trial court improperly found the ex-wife in contempt and that she was liable for sanctions due to allegedly frivolous pleadings. There was no judgment ordering the ex-wife to pay or reimburse for the child's tuition at the specified private school. Also, the ex-wife's motion for a new trial was not sanctionable. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: July 5, 2023, Case #: CA-22-804, Categories: Contempt, Family Law, Sanctions