12 results for 'judge:"Pickett"'.
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: Insurance, Vehicle, Damages
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. Pickett finds that the trial court improperly terminated the father's parental rights to his children. The Department of Children and Family Services did not allow the father "an alternate means of preventing the department from seeking termination of his parental rights" given that he had been incarcerated "during the entire pendency of this litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: JAC-23-634, Categories: Evidence, Family Law
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J. Pickett finds that the trial court properly dismissed the independent administrator's claims stemming from the deaths of his family members from carbon monoxide poisoning after they used a generator following hurricane-related power outages. Based on the relevant statutes, the independent administrator lacked a cause of action to sue for survival and wrongful death damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: CA-23-455, Categories: Civil Procedure, Product Liability, Wrongful Death
J. Pickett finds that defendant was properly convicted of the responsive verdicts of manslaughter and second degree feticide for the death of a woman and her unborn child, in which the victim's body was found in a park. The evidence was sufficient to find defendant guilty of the crimes, and there was no double jeopardy violation regarding the feticide conviction. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: December 6, 2023, Case #: KA-23-187, Categories: Evidence, Double Jeopardy, Manslaughter
J. Pickett finds that defendant was properly convicted and sentenced for second degree battery of an elderly victim who was delivering a newspaper to defendant's grandfather. The evidence of the victim's "serious debilitating injuries" and witness testimony proved the specific intent element of the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: October 25, 2023, Case #: KA-23-238, Categories: Evidence, Sentencing, Battery
J. Pickett finds that the trial court properly ruled in favor of the sexual abuse victim on his claims against the diocese over a priest who was a "known pedophile." Though the victim's claims under pre-existing law were prescribed, the amendment to the relevant statute applies retroactively to revive claims for sexual abuse of minors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: August 17, 2023, Case #: CW-22-120, Categories: Civil Procedure, Constitution, Tort