21 results for 'judge:"Penzato"'.
J. Penzato finds that the trial court improperly denied a motion to annul an order dismissing a contract dispute involving the sale of a property. The record does not show that the buyer was served notice of the hearing for the motion to dismiss. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: April 30, 2024, Case #: 2023CA0911, Categories: Property, Contract
J. Penzato finds that the trial court properly sustained the succession administrator's exception of prescription and denied an objection to the "preliminary detailed descriptive list" relating to a property the decedent acquired during her marriage. The decedent's spouse argued the subject property was not the decedent's separate property and instead owned by the community. But the spouse's claim was prescribed, and the evidence shows the decedent purchased the property with her money from a car accident settlement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 20, 2024, Case #: 2023CA0826, Categories: Civil Procedure, Property, Wills / Probate
J. Penzalo finds the lower court properly found in favor of a doctor regarding a patient's allegations of discrimination. The patient claimed the doctor was insensitive and accusatory during the initial visit with the doctor which caused her trauma, and that he discriminated against her. The doctor argued that the claim is one of medical malpractice, requiring the patient to first pursue relief via a medical review panel; the lower court agreed and dismissed the patient’s complaint. The instant court finds no error in the lower court’s determination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0914, Categories: Damages, Jurisdiction, Medical Malpractice
J. Penzato finds the lower court properly found in favor of Hope Holdings in this matter concerning property ownership. Two companies contend they own the same two pieces of real estate. The lower court found that one company established that they were the rightful owner of the real estate despite the other company possessing the land prior to trial. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0922, Categories: Property, Real Estate
J. Penzato finds that the trial court properly ruled in favor of the property owners in a neighbor's suit challenging the city adjustment board's granting of a zoning variance that allowed the owners to add a fourth driveway. The neighbor lacked a cause of action against the owners, who were correctly dismissed from the suit since they were not "indispensable parties." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: February 23, 2024, Case #: 2023CA0658, Categories: Civil Procedure, Property, Zoning
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J. Penzato finds that the workers' compensation court properly ruled in favor of the employee in finding an accident occurred and in awarding indemnity and medical benefits. The evidence showed that the employee's knee injury resulted from "repetitive climbing and jumping" while he unloaded cement from barges, and this constituted an "accident." Also, the employee's attorney fee award is increased from $5,000 to $7,500. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0403, Categories: Attorney Fees, Workers' Compensation
J. Penzato finds that the lower court properly ruled in favor of State Farm in a dispute with the Louisiana Insurance Commissioner over a hurricane duration deductible (HDD) that was applied to homeowners' claims resulting from Hurricane Barry. The commissioner's cease and desist order to State Farm that restricted its application of the HDD to claims was correctly declared invalid since there was no evidence it made any misrepresentations regarding the policy language. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0535, Categories: Administrative Law, Government, Insurance
J. Penzato finds that the trial court properly dismissed the individual's petition for writ of quo warranto relating to his suspension as a member of the NAACP. The record supports the finding that the accused parties had authority to suspend his membership based on the organization's bylaws. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: December 14, 2023, Case #: 2023CA0667, Categories: Civil Procedure, Corporations
J. Penzato finds that the trial court properly granted the Office of Group Benefit's exception of prescription on the health plan participant's claim that the Office improperly refused to pay for medical services. Under the parties' contract plan, the participant was required to file his claim within 90 days from the date services were rendered, unless it was not reasonably possible, and a lawsuit had to be filed no later than twelve months after his claim was required to be filed, or no more than 30 days after he exhausted his administrative remedies. In this case, the participant had to file a claim by June 24, 2021, but did not file suit until January 25, 2022. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: November 3, 2023, Case #: 2023 CA 0136, Categories: Civil Procedure, Insurance, Contract
J. Penzato finds that the trial court partly erred in the damages awarded to both sides in a contract dispute involving work performed on a project. The contractor should have been awarded an additional $3,486 for seed and fertilize work, while the owner should have only been awarded $26,400 as delay damages instead of $90,000 to account for bad weather days. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: October 18, 2023, Case #: 2023CA0299, Categories: Damages, Contract
J. Penzato finds that the trial court properly dismissed with prejudice the associate professor's suit against the university parties alleging that she suffered health issues from exposure to mold in a campus building. Since the university was entitled to summary judgment, it was proper to dismiss the suit with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: September 21, 2023, Case #: 2023CA0076, Categories: Civil Procedure, Employment, Tort
[Consolidated.] J. Penzato finds that the trial court erred in the amount of damages awarded for survival and wrongful death claims and in allocating 20% fault to the decedent driver who succumbed to his injuries two weeks after an accident involving a semi-truck. The evidence supported a lesser amount of $2 million in survival damages than the $10 million awarded by the jury, as well as $500,000 in wrongful death damages for each of the decedent's children instead of $1.5 million per child. The evidence also showed the accused truck driver was the sole cause of the accident and thus 100% at fault. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 30, 2023, Case #: 2022CA0534, Categories: Jury, Damages, Wrongful Death
[Consolidated.] J. Penzato finds that while the trial court properly ruled in favor of the prime contractor on its claim against the state agency involving a bridge repair project, it should have sided with the subcontractor on its claim against the prime contractor for money owed for stockpiled materials. The evidence does not support the agency's position that it overpaid the prime contractor and was entitled to "claw back" funds. Also, the prime contractor's argument that the subcontractor was not a "claimant" lacks merit since there was no "pay-if-paid provision" between the parties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 16, 2023, Case #: 2022CA1301, Categories: Construction, Government, Contract
J. Penzato finds that defendant was properly convicted and sentenced for second degree murder of a victim who was shot in the parking lot of a business during a drug buy. Defendant's Batson challenge fails since there is no proof of racial discrimination by the state in striking the potential juror. Also, defendant's evidentiary objections are without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: July 6, 2023, Case #: 2022KA0940, Categories: Evidence, Jury, Murder
J. Penzato finds that the trial court erred in denying the parent's motion to dissolve part of a preliminary injunction that prohibited her from making "certain statements regarding the School Board and its faculty, staff, and employees." There was no determination that the parent's challenged statements were defamatory, so the injunction was an "impermissible prior restraint" on her free speech. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 18, 2023, Case #: 2022CA1240, Categories: Civil Rights, Education, Injunction