17 results for 'judge:"Hunter"'.
J. Hunter finds that the trial court properly found a laser center liable for medical malpractice for injuries related to a patient's tattoo removal. The evidence shows that the technician who performed the tattoo removal did not properly perform a test patch, and repeatedly assured the patient that she was healing normally despite the patient's scarring. Further, the patient's expert opined that the technician performed a dermatological procedure without a medical license and was not properly monitored by a medical professional. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,529-CA, Categories: Evidence, Medical Malpractice
[Consolidated.] J. Hunter finds that a trial court properly vacated a judgment which recognized and made executory a default judgment rendered in Missouri and determined that an automotive distributor violated the Louisiana Unfair Trade Practices Act related to a credit account with a shop's purported owner. In the 2019 credit agreement extended to the shop, the purported owner did not sign the application and did not agree to the parties' suits being litigated in Missouri. The evidence showed that the distributor knew who signed the 2019 credit agreement because their representative filled it out and took it to the signer, who was the purported owner's nephew. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,520-CA, Categories: Trade, Contract
J. Hunter finds that the trial court properly granted a motion to compel an independent medical examination filed by the Patient’s Compensation Fund related to a patient's medical malpractice suit against the medical providers for not timely diagnosing her with spinal cord compression. The patient does not show that the Patient Compensation Fund is trying to deprive the patient of her entitlement to future medical care and related benefits or deny her access to the courts. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: April 10, 2024, Case #: 55,471-CW, Categories: Evidence, Medical Malpractice
[Consolidated.] J. Hunter vacates defendant's conviction for being a principal to second degree murder because it was rendered by a non-unanimous jury. However, defendant's conviction for conspiracy to commit second degree murder was proper because a witness testified that defendant was present when the murder took place, that defendant shook hands with the person who shot the victim, and that defendant led the police to the victim's body. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,497-KA, Categories: Evidence, Jury, Murder
J. Hunter finds that the trial court properly determined that a store owner lacked authority to construct a driveway across a farm property. In this case, the property where the driveway is located is subject to a utility servitude and, therefore, it cannot to be used as a right of way onto the servient estate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,417-CA, Categories: Property, Contract
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J. Hunter vacates defendant's conviction for operating a vehicle while intoxicated, fourth or subsequent offense. In this case, defendant's third predicate conviction was not valid because he was not adequately advised of his Boykin rights at the time of the guilty plea. Defendant was not advised that he was entitled to a trial by jury for the 2013 offense. Therefore, this court enters a judgment of conviction for operating a vehicle while intoxicated, third offense. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,574-KA, Categories: Criminal Procedure, Dui
J. Hunter finds that attorney Michelle Charles was properly found to be in constructive contempt of court for her failure to appear at a criminal trial on behalf of her client without justification. In this case, the client and 21 witnesses called by the defense were present in court, but attorney Michelle Charles could not be located. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,462-KA, Categories: Civil Procedure, Contempt
J. Boyter finds that the trial court properly awarded $953 in damages to a radiator shop owner against a repair shop for damages to a tractor while in possession of the repair shop. Based on testimony of a tractor mechanic, it would cost $953 to replace the hydraulic “pump, the UPS charges, the labor, and hydraulic oil.” Further, the testimony supports that the use of the tractor while in the repair shop's care damaged the tractor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,300-CA, Categories: Evidence, Contract
J. Hunter finds that defendant was properly convicted of a third offense violation of the Peeping Tom statute. A witness testified that as she was leaving her mother's home, she saw a person standing at the window of the house, whom she identified as defendant, who lived in the neighborhood. Further, there was doorbell video evidence admitted to support the witness' testimony. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,376-KA, Categories: Evidence
J. Hunter finds that defendant was properly sentenced on his conviction for second degree murder. In this case, defendant's stepbrother told the police that defendant had hidden a gun on his property and that he was “scared of the way [defendant] had been acting over the last few days.” Further, another witness told the police that defendant asked him to burn the rubber mats from his truck. Also, blood on the victim's shoes and cell phone, which were found on defendant's property, and blood on a carpet from defendant's truck, matched the victim's DNA. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,314-KA, Categories: Dna, Evidence, Murder
J. Hunter finds that the trial court properly sustained a peremptory exception of prescription and a dilatory exception of improper use of a summary
proceeding filed by attorneys seeking payment for legal work performed. The attorneys were retained by the decedent under a contingency contract to annul a donation of property . The record shows that the decedent was unable to afford legal representation and the attorneys assumed costs by successfully pursuing litigation, which resulted in the decedent regaining ownership of her property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,336-CA, Categories: Property, Contract
J. Hunter finds that the trial court properly denied the stepmother's petition for intrafamily adoption of her husband's child. In this case, the biological mother met her burden of proving just cause for her failure to provide financial support and to visit with the child for a period of at least six months because she was incarcerated but had attempted to call the child. The testimony supported that the stepmother actively tried to prevent communication between the mother and child, including threatening to obtain a restraining order. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,401-JAC, Categories: Evidence, Family Law
J. Hunter finds that the trial court properly found for the insurer in a car collision action related to the insured's underinsured motorist claim. Under statute, the insured is prohibited from stacking the policies to increase the underinsured motorist coverage available to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: September 27, 2023, Case #: 55,267-CA, Categories: Insurance, Contract
J. Hunter finds that the trial court properly convicted defendant of attempted indecent behavior with a juvenile and correctly sentenced him to seven years in prison. Sufficient evidence was presented to support defendant's conviction, including testimony from the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: August 9, 2023, Case #: 55,208-KA, Categories: Sex Offender, Child Victims
J. Hunter finds that the trial court improperly ruled in favor of the hospital and the housekeeping company in a negligence action brought by the couple arising from injuries the husband suffered in a slip-and-fall incident. Genuine issues of fact exist as to whether the hospital exercised reasonable care to keep its premises in a safe condition and whether it acted reasonably in merely notifying the company of water on the floor without taking any other action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: August 9, 2023, Case #: 55,157-CA, Categories: Negligence, Premises Liability
J. Hunter finds that defendant was properly sentenced to consecutive 5-year sentences on his guilty plea to three counts of first degree vehicular negligent injuring. Under the plea agreement, if defendant failed to appear for the sentencing date, he would be subject to a sentence consistent with the statute and would not get the benefit of the agreed sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: June 28, 2023, Case #: 55,038-KA, Categories: Sentencing, Plea, Vehicle
J. Hunter finds that the trial court properly granted the motion to dismiss a client's action against a law firm as abandoned. In this case, the last effective step in the prosecution of the action occurred on March 8, 2001, when the client served the law firm's counsel with written discovery requests. Further, the record shows that the client was unable to file the motion to compel in 2003 because he did not have the certification stating a discovery conference had been held with defendant as required by local court rule. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: May 24, 2023, Case #: 55,073-CA, Categories: Civil Procedure, Legal Malpractice