8 results for 'judge:"Marcel"'.
J. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: Construction, Contract
J. Marcel vacates the trial court's granting of costs to the plaintiff driver in a car collision action. In this case, the defendant driver made an offer of $75,000 that the plaintiff driver did not accept, and the plaintiff driver obtained a final judgment of $12,500, which is at least twenty-five percent less than the amount offered. Statute compensates the rejected offeror who is forced to incur greater trial litigation costs that could have been avoided if the offeree had not acted unreasonably in rejecting the offer. However, the amount of those costs remains within the broad discretion of the trial
court. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: April 24, 2024, Case #: 23-CA-488, Categories: Attorney Fees, Contract
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. Marcel finds that defendant was properly convicted of second-degree rape. In this case, the victim testified that after she rejected defendant's requests for sex, he drove her out of town to a secluded area, and physically beat her. The victim testified that she had sex with defendant because she was afraid that he would kill her. Further, there was medical evidence of the victim's injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 20, 2024, Case #: 23-KA-59, Categories: Evidence, Sex Offender
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J. Marcel finds that the trial court properly dismissed a customer's slip and fall action over an incident in a market. The video surveillance footage shows two tall yellow warning cones placed close to the center of the aisle next to the frozen food cooler where the fall took place. Further, the patron can be seen maneuvering his shopping cart around the cones immediately before the fall. Therefore, the market took reasonable precautions to warn patrons of the potentially hazardous wet floor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 13, 2024, Case #: 23-CA-227, Categories: Evidence, Negligence
J. Marcel vacates the trial court finding for the state on a property owner's forfeiture proceeding related to his car being seized during an ongoing drug investigation. The trial court should not have denied the property owner's motion to amend his claim under the Seizure and Controlled Dangerous Substances Property Forfeiture Act because the property owner presented evidence to show the car was bought with funds received from a car accident. Further, the property owner's claim of ownership was timely filed. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-212, Categories: Civil Procedure, Property
J. Marcel finds that the trial court properly granted the debtor's motion to annul a default judgment on a breach of commercial lease action. In this case, the debtor claimed that he was never an owner or shareholder of the company that leased the properties and that he only signed the lease under authority granted by the owner. Further, the debtor claimed that he was never properly served since the sheriff served a person performing remodeling work on his house. The remodeler testified that he did not remember what he did with the notice or that he told the judgment debtor about the legal papers. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-195, Categories: Evidence, Contract