8 results for 'judge:"Theriot"'.
J. Theriot finds that the trial court properly ruled in favor of the supermarket in a patron's suit over alleged injuries from a trip and fall near a refrigerated meat display. The evidence shows that the stocking cart the patron tripped over did not present "an unreasonable risk of harm" and that she had not been paying attention to her surroundings when the incident occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0978, Categories: Civil Procedure, Negligence
[Consolidated.] J. Theriot finds that the lower court properly granted partial summary judgment in favor of the boat seller in litigation brought on behalf of the decedent's surviving children stemming from his death on a vessel that capsized. Because the surviving children "judicially confessed" that the decedent was a seaman or longshoreman, their claims fall under federal maritime law. So the claims for wrongful death, survival damages and nonpecuniary damages were correctly dismissed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0839, Categories: Evidence, Maritime, Negligence
J. Theriot finds that the trial court properly dismissed the auto accident claims against one of the accused parties based on prescription. Though, the claims against the other defendants should not have been dismissed since they did not assert the exception of prescription. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: November 16, 2023, Case #: 2023CA0425, Categories: Civil Procedure, Negligence
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J. Theriot finds that the trial court improperly revoked the individual's "act of capital contribution" that transferred the rights to his properties to a corporate entity. There was no evidence given regarding the individual's assets and liabilities to determine whether he was insolvent, so there was "no reasonable factual basis" to support the revocation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: September 28, 2023, Case #: 2023CA0193, Categories: Civil Procedure, Evidence, Property
J. Theriot finds that the trial court properly denied the proposed incorporation of the City of St. George in the southeast section of East Baton Rouge Parish. The petition for incorporation did not comply with the statutory requirements since it lacked a plan for the provision of the listed services. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: July 14, 2023, Case #: 2022CA1203, Categories: Elections, Government, Municipal Law
J. Theriot finds that the trial court properly ruled in favor of the purchaser of a truck and rescinded the sale due to known defects that the seller allegedly failed to disclose. The seller's argument that there was a waiver of warranty as to redhibitory defects is without merit, and the evidence shows that it knew of the defects at the time of the sale. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: July 5, 2023, Case #: 2022CA1247, Categories: Vehicle, Warranty, Contract