19 results for 'judge:"Schlegel"'.
J. Schlegel finds that the trial court properly found for a medical provider on a patient's medical malpractice claim. In this case, the patient did not present expert testimony on the issue of causation on his allegation that nursing staff failed to provide prompt treatment for an infection in his
left leg, resulting in the amputation of his left leg above his knee. The patient has a complicated medical history, including years of drug addiction, and expert testimony would have to be required to show that the medical provider's deviation from the standard of care led to his amputation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 24, 2024, Case #: 23-CA-452, Categories: Experts, Medical Malpractice
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: Jury, Sentencing, Domestic Violence
J. Schlegel finds that the trial court properly determined that a decedent's daughter should receive full ownership of a property because the plain and unambiguous language of the decedent's will provides that the daughter "shall" receive full ownership of the property without any condition regarding the value of the home. However, the trial court should not have awarded each legatee a one-third interest in the decedent’s mud boat because the will left all hunting equipment to the son. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 3, 2024, Case #: 23-CA-310, Categories: Wills / Probate, Contract
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. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: Evidence, Theft, Vehicle
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J. Schlegel finds that the trial court properly granted a mother sole custody of the parties' children under the Post-Separation Family Violence Relief Act. In this case, the evidence of the father strangling the mother was properly admitted because the abusive behavior did not end after the consent judgments, and the evidence was related to the history of parental conflict between the parties. Further, the history of abusive behavior was required to determine the best interests of the children. Also, the trial court properly awarded use of the family home to the mother because the father has steady income, while the mother does not and is the primary caregiver of the parties' four children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 22, 2024, Case #: 23-CA-470, Categories: Evidence, Family Law
J. Schlegel vacates defendant's sentences for possession of methamphetamine weighing less than two grams and possession of fentanyl weighing less than two grams. While the commitment indicates that defendant’s sentences were to be served at hard labor, the trial court did not state on the record at sentencing whether the sentences were to be served with or without hard labor. Therefore, the sentences are indeterminate. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel , Filed On: February 7, 2024, Case #: 23-KA-344, Categories: Drug Offender, Sentencing
J. Schlegel finds that defendant was properly convicted of indecent behavior with a juvenile under the age of thirteen. Defendant's motion to admit evidence of prior false allegations of sex abuse was properly denied. Defendant did not show that the victim's allegations against others were false, and there was no independent witness to testify that the allegations were false. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: December 20, 2023, Case #: 23-KA-90, Categories: Evidence, Sex Offender
J. Schlegel finds that the trial court properly determined that a condominium owner's claims against the attorneys who represented the condominium association in a prior case had prescribed. The condominium owner's claims do not arise from alleged legal malpractice but are based on negligence or intentional torts. Therefore, the peremptive period for legal malpractice claims does not apply. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 29, 2023, Case #: 23-CA-118, Categories: Civil Procedure, Negligence, Contract
J. Schlegel finds that the trial court properly found for the defendant driver in this car accident action. The plaintiff driver did not preserve his claim that the trial court improperly included two redundant and confusing questions regarding causation of the injuries, causing the jury to return an inconsistent verdict. Further, the plaintiff driver's testimony regarding the speed he was traveling and the mechanics of the accident were contradicted by what his medical records indicate he reported to his doctors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel , Filed On: November 29, 2023, Case #: 23-CA-131, Categories: Evidence, Jury
J. Schlegel finds that the trial court should not have denied a fertility institute's motion for summary judgement seeking to dismiss a patient's claims that the institute acted negligently in mishandling, labelling, and transferring her embryos, resulting in the implantation of a male embryo, instead of a female embryo. Based on the expert testimony, there are no genuine issues of material facts to establish the institute's negligence in handling, labelling, or transferring the embryos. Further, the patient's claim does not allege negligent hiring or suggest that the institute had prior knowledge that contractors handing her embryos were irresponsible. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 16, 2023, Case #: 23-C-338, Categories: Evidence, Negligence
J. Schlegel finds that the trial court should not have determined that Louisiana’s anti-stacking provision did not apply to the uninsured/underinsured
motorist issues in this car collision action. In this case, the injured driver was driving her personal car while performing a work related task when she was rear-ended. Therefore, the injured driver is limited to recovery under only her personal line of coverage and not her employer's insurance policy as well. Further, under Irvin, the injured driver does not have the option to select recovery under her employer’s line of coverage. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 25, 2023, Case #: 23-CA-123, Categories: Insurance, Contract
J. Schlegel finds that the trial court should not have determined that Louisiana’s anti-stacking provision did not apply to the uninsured/underinsured
motorist issues in this car collision action. In this case, the injured driver was using her personal car while performing a work related task when she was rear-ended. Therefore, the injured driver is limited to recovery under her personal line of coverage but not her employer's insurance policy as well. Further, under Irvin, the injured driver does not have the option to select recovery under her employer’s line of coverage. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 25, 2023, Case #: 23-CA-65, Categories: Insurance, Contract
J. Schlegel vacates defendant's sentence on his conviction for possession of a firearm by a convicted felon, being adjudicated as a third felony offender. The record does not show that the trial court ruled on defendant's pro se motion for a new trial, which was required before sentencing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 19, 2023, Case #: 23-KA-451, Categories: Criminal Procedure, Sentencing
J. Schlegel finds that the trial court should not have found for a homebuyer on her claim that her real estate agent did not verify the living area square footage before buying the house. The agent did not owe the buyer a duty to determine whether an enclosed patio in the living area was included in the square footage measurement. The buyer had the responsibility to hire a third party to verify the accuracy of the square footage of the home during the inspection period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 4, 2023, Case #: 23-C-321, Categories: Property, Real Estate, Contract
J. Schlegel finds that the district court should not have dismissed a bank's executory process action on the basis that the note allonge did not comply with authentic evidence requirements. In this case, the note allonge complies with the executory process requirements for transfers of promissory notes under statute because it is a private writing, which "shall be deemed authentic for the purposes of executory process." Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: September 20, 2023, Case #: 22-CA-588, Categories: Evidence, Contract
J. Schlegel finds that the workers' compensation court improperly calculated an injured painter's average weekly wage to include overtime hours in determining his temporary total disability benefits. Statute provides that if the "employee is employed for forty hours or more," then the average weekly wage is the average of the actual hours worked in the four full weeks prior to the accident, or 40 hours, whichever is greater. In this case, the painter only worked two full weeks before injuring himself and should not have been awarded penalties because the employer properly calculated his average weekly work week. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: September 20, 2023, Case #: 22-CA-575, Categories: Contract, Workers' Compensation