1,036 results for 'court:"Louisiana Court Of Appeal"'.
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
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. 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. 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. 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. 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
J. Chase finds that the trial court properly denied a neighbor's request for a declaratory judgment to create a predial servitude granting access across a property owner's alley to perform maintenance and repairs because there is no evidence in the record indicating a servitude, by juridical act,
prescription, or destination of the owner, existing between the two residences. However, the trial court should have granted injunctive relief to tailor a ruling to allow the neighbor a means to repair his home since the parties cannot reach an agreement. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 27, 2024, Case #: 2023-CA-0598, Categories: Property, Contract
J. Wicker finds that the trial court should not have imposed a full interdiction of a mother due to alleged emerging dementia. In this case, the interdiction should be limited to the mother's legal, financial, and medical affairs. The testimony supports that the mother is able to consistently manage her usual daily affairs because she dresses herself, goes grocery shopping by herself, watches television, and cooks homemade meals
for herself and others. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 22, 2024, Case #: 23-CA-318, Categories: Evidence
J. Herman finds that the trial court should not have granted defendant's motion to sever the trials with his co-defendants. Although the co-defendants have made statements incriminating each other, the state indicated that it had no intention of using these statements at trial and instead will rely on the testimony of the two victims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: March 22, 2024, Case #: 2024-K-0159, Categories: Criminal Procedure, Evidence
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: Evidence, Negligence, Discovery
J. Lobrano finds that the district court should not have dismissed a class of tenants' claims against resident management corporations arising out of mold exposure in public housing developments. In this case, the resident management corporations were obligated to the tenants as third party beneficiaries under the Resident Management Agreements to maintain their apartments in a safe living condition, including a mold-free environment. Under Williams, the tenants were not only incidental beneficiaries of the agreements entered into between the Housing Authority and the resident management corporations, but were also third party beneficiaries of the agreements. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: March 21, 2024, Case #: 2023-CA-0214, Categories: Class Action, Contract
J. Dysart finds that the trial court properly found for a homeowner on her contract claim that a contractor failed to properly repair her home after tornado damage. The parties' contract states, "Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Home Renovation Project in compliance with the Contract Documents." Further, the contractor abandoned the contract when it endorsed the check from the homeowner's mortgage company to a subcontractor and turned the project over to the subcontractor without the homeowner's consent. Also, the record shows that a check for part of the homeowner's insurance proceeds was never returned to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 21, 2024, Case #: 2023-CA-0296, Categories: Construction, Contract
J. Wicker vacates the trial court's granting of defendant's motion to quash the bill of information charging him with unlawful presence of a sex offender at a school. The statute bars the presence of a defendant from school property if that defendant was convicted of a sex offense "when the victim is under the age of thirteen." Defendant claims he pled guilty to pornography involving juveniles under the age of seventeen and not to the crime of pornography involving the sentencing enhancement applicable when the pornography involved juveniles under the age of thirteen. In this case, the state claims that the La. R.S. 14:91.2(A) applies to any convicted sex offender, regardless of the required elements of the underlying crime, when the state can prove at trial that the underlying sex offense factually involved a victim under the age of thirteen. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 21, 2024, Case #: 23-KA-381, Categories: Evidence, Sex Offender
[Corrected.] J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 20, 2024, Case #: 2023-CA-0644, Categories: Landlord Tenant, Property
J. Thierry finds that the workers' compensation judge properly ruled in favor of the casino employee in her claim over on-the-job shoulder injuries she sustained in separate incidents. The evidence supports the finding that the employer's job offer to the employee upon her return to work was not suitable for her restrictions. Though, the past indemnity benefits award is reduced from $94,640 to $58,240 based on a cap at 104 weeks due to evidence of her retirement from the workforce. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: March 20, 2024, Case #: WCA-23-578, Categories: Damages, Workers' Compensation
J. Kyzar finds that the workers' compensation judge erred as to the amount of average weekly wages (AWW) and compensation rate for the employee in a workers' compensation case. The calculation of the AWW improperly ignored the jurisprudence for overtime wages, so the correct AWW is $544 and compensation rate is $363. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: WCA-23-586, Categories: Employment, Damages, Workers' Compensation
J. Ortego finds that defendant was improperly convicted of failure to seek assistance relating to the death of her dating partner from a drug overdose. The evidence did not show that defendant was aware of the drugs her partner had ingested or had sufficient knowledge that she had suffered serious bodily injury. Defendant is acquitted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: KA-23-523, Categories: Criminal Procedure, Evidence
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