27 results for 'judge:"Molaison"'.
J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: Construction, Negligence, Contract
J. Molaison finds that defendant was properly convicted of armed robbery and the misdemeanor battery of a police officer. The record shows that defendant was properly advised of the ramifications of his guilty pleas, and there are no non-frivolous issues regarding defendant's convictions. Further, on his Boykin form and during sentencing, defendant acknowledged that his sentence for armed robbery “is without benefit of parole, probation, or suspension of sentence.” Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: April 24, 2024, Case #: 23-KA-401, Categories: Robbery, Battery, Plea
J. Molaison finds that the school board properly awarded a “Sales Tax Collection Services/Hotel Motel Tax Collection Services” contract to a third party and not the plaintiff accounting firm. In this case, the school board was required to comply with the parameters set by "Request For Qualification" process, and the service contract at issue is not subject to the public bid laws. Further, all of the applicants were specifically advised in
advance that there would be no reimbursement for the costs of preparing a proposal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 3, 2024, Case #: 23-CA-397, Categories: Tax, Contract
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-164, Categories: Family Law, Wrongful Death
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[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-586, Categories: Family Law, Wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-162, Categories: Family Law, Wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-163, Categories: Family Law, Wrongful Death
J. Molaison finds that a patient's medical malpractice action is dismissed due to insufficient notice. In this case, the patient requested service by the clerk but stated that copies of the pleadings to be served would be provided. These copies were not provided until after the 90-day time period had run. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 6, 2024, Case #: 24-C-10, Categories: Civil Procedure, Medical Malpractice
J. Molaison finds that defendant was properly convicted of sexual battery. The record shows that defendant was present for all critical stages of the proceedings and that there is no constitutional infirmity in defendant's guilty plea. The transcript of the plea colloquy shows that defendant was aware that he was pleading guilty to sexual battery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: February 28, 2024, Case #: 23-KA-351, Categories: Evidence, Sex Offender, Plea
J. Molaison finds that the trial court should not have denied an animal hospital's motion for summary judgment on a dog owner's claim that the dog was misdiagnosed. In this case, the dog owner's expert did not meet the statutory criteria because she did not graduate from an accredited school of veterinary medicine, was not licensed to practice veterinary medicine, and was not practicing veterinary medicine. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: January 31, 2024, Case #: 23-C-510, Categories: Negligence, Experts, Medical Malpractice
J. Molaison upholds defendant’s conviction on manslaughter for the beating death of his brother and the resulting 40-year sentence, finding defendant received adequate counsel and the trial court was correct to deny a motion for a new trial. The sentence was reasonable, accounted for defendant’s criminal history and was half the possible maximum sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 27, 2023, Case #: 23-KA-317, Categories: Sentencing, Manslaughter
J. Molaison upholds defendant’s conviction for a second DWI, but finds the trial court erred in accepting defendant’s downward departure because he was undergoing dialysis treatments. Defendant’s previous conviction on DWI should have been considered and a mandatory minimum six-month sentence should have been imposed. Affirmed. Sentence vacated.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 27, 2023, Case #: 23-KA-319, Categories: Sentencing, Dui
J. Molaison finds that the trial court properly found for a parish on a truck driver's claim that his truck flipped over due to potholes on a road. The parish presented evidence that the potholes are located within the US Highway 90 right-of-way, and the truck driver did not show that the parish had control over that area. However, the trial court should not have found for the landfill company that is located on US Highway 90 because the truck driver presented evidence that the company repaired potholes on and around the accident site. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 20, 2023, Case #: 23-CA-21, Categories: Evidence, Property
J. Molaison finds that the trial court properly granted the executor of the decedent's estate's peremptory exception of no cause of action as to heirs' petition to annul judgment obtained by fraud. The heirs claimed that the executor had breached a fiduciary duty to carry out the terms of the decedent's will "in purposely ignoring the wishes of the Decedent and allowing the succession proceeding to lay dormant until such time as he could seek dismissal of the April 8, 2005 Codicil, therefore, directly benefitting himself as one of the heirs of the Decedent.” The heirs' claim does not state facts sufficient to state a cause of action for nullity based on fraud or ill practices. However, the heirs should be given the opportunity to amend their petition to state a cause of action. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 6, 2023, Case #: 23-CA-15, Categories: Wills / Probate, Contract
J. Molaison finds that the trial court properly determined there was no evidence of an automobile accident that caused a driver's alleged injuries and property damages. The driver's claim that four pieces of wood fell from a truck and hit his car is not supported by the evidence other than the driver's own testimony. Further, the driver does not show that he contacted the truck's owner to report the damage after the alleged accident. Also, the evidence showed that the driver had been in prior accidents where he injured his back and knees. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 29, 2023, Case #: 23-CA-139, Categories: Evidence, Negligence
J. Molaison finds that the trial court properly dismissed an order of protection issued against an adoptive father. The mother's allegation that the father sexually abused her son was not established by the son's interviews and examinations and was only ever recounted by the mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 29, 2023, Case #: 23-CA-168, Categories: Evidence, Restraining Order
J. Molaison finds that defendant was properly convicted of sexual battery of a child under the age of thirteen and that his challenges for cause regarding two potential jurors were properly denied. Although one of the jurors stated that the state "would have a less of a burden" to show guilt, when the juror was questioned by the court, the juror agreed that he would hold the state to its burden of beyond a reasonable doubt. Further, defendant did not preserve his challenge for cause of the other juror regarding the state's burden to prove guilt beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 29, 2023, Case #: 23-KA-13, Categories: Jury, Sex Offender
J. Molaison finds that defendant was properly sentenced to 40 years at hard labor on his conviction for sexual battery of a victim under the age of 13. The sentence was proper based on defendant being a trusted part of the victim's family for years and being considered to be the victim's "step-grandfather." Further, the record shows that defendant abused the victim over a span of several years and was also facing a misdemeanor charge for the sexual battery of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 15, 2023, Case #: 23-KA-33, Categories: Sentencing, Sex Offender
J. Molaison finds that the trial court properly granted a mother's protective order against the father because the mother testified that the father repeatedly stalked her, showed up at her work, and attempted to strangle her. However, it is unclear if the parties' child is among the protected persons in the order because no finding of abuse was made under the Louisiana Children’s Code, and the trial court implemented weekend visitation for the child and the father. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: October 31, 2023, Case #: 23-CA-173, Categories: Evidence, Family Law, Restraining Order
J. Molaisson finds that the trial court properly granted an employer's motion for partial summary judgment, dismissing an injured motorist's claims against the employer for the vicarious liability of its employee driver. In this case, the employee driver had completed the delivery of the package for the employer and there is no evidence that he accepted another delivery or that he was conducting any further work business on behalf of the employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: October 4, 2023, Case #: 22-CA-586, Categories: Evidence, Negligence
J. Molaison finds that defendant was properly convicted of two counts of armed robbery for a carjacking and sentenced to 50 years' imprisonment with a consecutive five-year hard labor sentence for the firearm enhancement. The sentences are within the statutory guidelines, and the evidence shows defendant entered the victim's car, pointed a gun at the passenger's forehead, and drove over the driver's foot when driving away. After engaging in a high speed chase, defendant crashed the vehicle into a utility pole and resisted arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 30, 2023, Case #: 23-KA-11, Categories: Firearms, Robbery, Sentencing
J. Molaison finds that the trial court properly dismissed a voter's petition objecting to the qualifications of a candidate running for the District 5 council seat in St. John the Baptist Parish. In this case, there is sufficient evidence to show that the candidate resided in the Council 5 district for more than six months before qualifying to run for office. The candidate introduced documentary evidence of a Notice of Rule to Show Cause in a civil proceeding, a credit card statement, and a Louisiana vehicle registration certificate from 2022 to support that he resided in the district. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 29, 2023, Case #: 23-CA-422, Categories: Elections, Evidence
J. Molaison finds that the trial court properly denied an insurer's peremptory exceptions of no cause of action and non-joinder in a class action related to nursing home evacuations during a hurricane. The insurer has not shown how complete relief cannot be achieved without the joinder of additional parties, and there has been no showing that all potential members of the class are not adequately represented. Further, the insurer's status as a defendant in this case pre-dates its own petition in federal court to determine policy limits. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: May 31, 2023, Case #: 23-C-255, Categories: Insurance, Class Action, Contract
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, Evidence, Landlord Tenant