SAVOIE , Judge . In this auto accident case, Plaintiff Brett Reed ("Reed") appeals a summary judgment dismissal of his claims against Richards Logging, LLC ("Richards Logging") and its insurer FCCI Insurance Company ("FCCI"). The trial court found that the defendant-driver, George Ross ("Ross"), was not an employee of Richards Logging at the time of the accident and therefore neither Richards Logging, nor its insurer, are liable for any negligence on the part of George Ross. For the...
NOT DESIGNATED FOR PUBLICATION HOLDRIDGE , J. Defendant, Benjamin James Robinson, seeks review of a judgment that denied his peremptory exceptions raising the objections of prescription and peremption and recognized Ronald Wayne Grace, Jr. and Rashad Wayne Grace as the heirs of his father, Hurd Lenord Robinson. Further, we review Benjamin's dilatory exception raising the objection of unauthorized use of a summary proceeding. For the following reasons, we convert the appeal to an...
MOORE , J. Tauren Exploration Inc., the principal lessee, appeals a summary judgment that ordered it to pay Gloria's Ranch LLC, the mineral lessor, two-thirds of the damages, penalties and attorney fees for breach of a mineral lease. The case is on remand from the Louisiana Supreme Court to consider all the lessees' virile share liability. Gloria's Ranch LLC v. Tauren Expl. Inc., 2017-1518 (La. 9/7/18), 251 So.3d 392 (on rehearing). For the reasons expressed, we affirm. BACKGROUND...
WINDHORST , J. In this personal injury lawsuit where defendant stipulated to liability, the trial court awarded plaintiff medical expenses and general damages. Plaintiff/appellant, Gregory Jackson, appeals the trial court's award of $2,590.20 in medical expenses and $2,500.00 in general damages as abusively low for injuries caused by an automobile accident. For the following reasons, we amend the trial court's award of special damages and award plaintiff $5,359.20 for his past medical...
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. FEUER , J. The tenants of a 23-unit apartment building (Tenants) appeal from a judgment entered following a jury trial in their negligence action...
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION THE COURT * INTRODUCTION Appellant Edmundo Lopez pled no contest in 1995 to one felony count of violating Penal Code 1 section 422,...
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION DUNNING , J. * INTRODUCTION El-Yorba Linda, LLC (El-Yorba Linda) proposed to build a multi-unit housing development on property it owned in...
McCLENDON , J. This appeal presents the res nova issue of whether an employee has a right of action against his employers' uninsured/underinsured motorist insurer for damages sustained in a hit-and-run motor vehicle accident while the employee was in the course and scope of his employment. The plaintiff, James Holmes, Sr., appeals a trial court judgment sustaining a peremptory exception of no right of action and dismissing his claim against defendants with prejudice. For reasons that...
Lanier , J. The defendant, Christopher Eason, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. He pled not guilty. Following a jury trial, he was found guilty of the responsive offense of manslaughter, a violation of La. R.S. 14:31. See La. Code Crim. P. art. 814(A)(3). He was sentenced to thirty years at hard labor. He now appeals, challenging the sufficiency of the evidence, 1 venue and jurisdiction, his sentence as excessive, and the...
Judge Joy Cossich Lobrano . In this zoning case, defendant/appellant, City of New Orleans (the "City"), appeals the February 28, 2019 judgment of the district court, which denied several exceptions filed by the City and granted a preliminary injunction in favor of plaintiff/appellee, Suzanne Wimsatt ("Wimsatt"). The preliminary injunction prohibited the City from enforcing a May 9, 2018 administrative judgment from the Department of Safety and Permits, which imposed fines on Wimsatt for...
Judge Tiffany G. Chase . Alendra Brown-Niang (hereinafter "Mrs. Niang") seeks review of the trial court's February 8, 2019 judgment granting the motion for partial summary judgment filed by Dryades YMCA School of Commerce, Inc. (hereinafter "YMCA"). After consideration of the record before this Court, and the applicable law, the trial court's dismissal of Mrs. Niang's claim for loss of chance of survival is affirmed. Facts and Procedural History On March 2, 2017, Mouhamadou Moustapha...
NOT DESIGNATED FOR PUBLICATION CANDYCE G. PERRET , Judge . This is a medical malpractice suit brought by Marilyn D. White and Sylvia Sue White, individually and on behalf of their deceased mother, Sylvia White Pevey ("Plaintiffs"). The malpractice suit was brought after Ms. Pevey's death while a patient under the treatment and care of Johnathan Augustine, RN, ("Nurse Augustine") and Kristin Williams, NP, ("NP Williams") at Rapides Regional Medical Center. Plaintiffs appeal the summary...
WELCH , J. The plaintiff, Brandi Waters, challenges a jury verdict awarding her damages in the total amount of $13,461.86 for injuries that she sustained in an automobile accident. The defendants, Susan Hebert and her automobile liability insurer, Shelter Mutual Insurance Company ("Shelter"), have answered the appeal, seeking a reduction in the amount of expert witness fees and costs assessed against them. We affirm the judgment in accordance with the jury verdict and deny the answer to...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Defendants-appellants, Jay Inzenga and Jay's Furniture Home Store, LLC (Jay's Furniture), appeal the trial court's summary judgment against them, in favor of plaintiff-appellee, Louisiana Television Broadcasting, LLC (WBRZ), 1 awarding the balance due on an advertisement account as well as attorney fees. We reverse in part. FACTUAL AND PROCEDURAL BACKGROUND WBRZ sells advertising during its programming which Jay's Furniture utilized subsequent...
NOT DESIGNATED FOR PUBLICATION WELCH , J. The defendant, Hezzie Bickham, was charged by bill of information with one count of simple burglary, a violation of La. R.S. 14:62. He pled not guilty. Following a trial by jury, the defendant was found guilty as charged. The trial court imposed a sentence of twelve years at hard labor. The defendant now appeals, raising two assignments of error. For the following reasons, we reverse the conviction and sentence and order the defendant discharged...
SAUNDERS , Judge . In this case we must decide whether the trial court's denial of all relief sought by plaintiff in these proceedings was proper. FACTS AND PROCEDURAL HISTORY In May of 2018, the Airport Authority for Airport District No. 1 of Calcasieu Parish (the "Airport Authority"), as owner, solicited bids pursuant to the Public Bid Law, La.R.S. 48:2211-2227 for the public works construction project identified as "Wildlife Mitigation — Runway 15 and 5 Drainage Improvements" (the "...
GREMILLION , Judge . Defendant, Gilchrist Construction Company, LLC, appeals the trial court's judgment in favor of Plaintiffs, Juanita W. Fontenot and T. June Wilder. For the following reasons, we affirm as amended. FACTUAL AND PROCEDURAL BACKGROUND This case involves extensive and complex litigation surrounding Defendant's use of Plaintiffs' land for purposes of completing its $30 million contract with the state to expand U.S. Highway 165 in Allen Parish, Louisiana. In March 2012,...
PENZATO , J. Appellant, Dane Thomas, appeals a trial court judgment following a jury trial, finding Thomas to be partially at fault and Appellee, State of Louisiana, Department of Wildlife & Fisheries (LDWF), to be partially at fault for an accident resulting from a work-related injury aboard a boat owned by LDWF. Thomas brought suit alleging LDWF violated the Jones Act, 46 U.S.C. 30104 et seq., 1 and general maritime law and that he was entitled to damages, including maintenance and...
McCLENDON , J. Defendant, Eric J. Newman, was charged by grand jury indictment with first degree murder, a violation of LSA-R.S. 14:30. Defendant entered a plea of not guilty. 1 After a trial by jury, he was found guilty as charged. The trial court sentenced defendant to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. Defendant now appeals, assigning error to the constitutionality of the verdict. For the following reasons, we affirm the...
PENZATO , J. Appellant, Henry P. Flanagan, appeals the trial court judgment setting child support for three minor children. For the reasons that follow, we affirm the judgment. FACTS AND PROCEDURAL HISTORY Appellee, Susan L. Pittman, and Henry were divorced on October 3, 2003, and one child was born during the marriage. Henry agreed to pay child support for this child by consent agreement. Twins were born to Susan on May 15, 2004, and Susan alleged that Henry had formally acknowledged...
