JOHNSON , J. Defendants/Appellants, Lexington Insurance Company and Michael Graham, M.D., appeal the judgment and award of damages in favor of Plaintiff/Appellee, Renea Fanguy, for a medical malpractice action filed in the 24 th Judicial District Court, Division "L". For the following reasons, we affirm the trial court's finding that Dr. Graham breached the standard of care in failing to obtain Ms. Fanguy's informed consent before performing surgery and in awarding Ms. Fanguy past medical...
Judge Terri F. Love The State seeks appellate review of the trial court's January 6, 2016 ruling granting Reginald Vernon's ("Mr. Vernon") motion to quash. The State asserts for the first time on appeal that the time limitation to commence trial was suspended pursuant to La. C.Cr.P. art. 580. Considering the State failed to preserve its objection based on suspension of the time limitation, this Court will not consider the error assigned. Likewise, because the State neither briefed nor...
WINDHORST , J. Plaintiff, Gulf Engineering Company, LLC ("Gulf"), appeals from a judgment granting an exception of no cause of action, dismissing its suit against defendant, Allison Kuhn, with prejudice. For the reasons that follow, we affirm. Gulf instituted these proceedings by filing its "Petition for Intentional Interference with Contract," in which it alleged that it had a contract with The Dow Chemical Company ("Dow") to inspect, verify, track and non-destructively test equipment at...
WINDHORST , J. The parties, Leslie Billiot and Michael Plambeck, who were never married, resided together from February of 1996 until April of 1997. They had one child, born on September 17, 1997. On October 22, 1997, Ms. Billiot filed a petition to set child support. By judgment dated March 30, 1999, the parties were awarded joint custody with Ms. Billiot designated as the primary, domiciliary parent. On December 14, 2001, a Consent Judgment was rendered that provided Dr. Plambeck with...
JUDGE SANDRA CABRINA JENKINS . Dan Freeman appeals the trial court's November 24, 2015 judgment, rendered after a jury verdict in favor of defendants/appellees Union Carbide Corporation ("Union Carbide") and Montello, Inc. ("Montello"), dismissing all claims against appellees, with prejudice. For the reasons that follow, we convert the appeal to an application for supervisory writs, grant the writ application, and affirm. FACTUAL AND PROCEDURAL BACKGROUND Between 1974 and 1982, Mr....
Judge Daniel L. Dysart This case was initially before this Court on the appeal of Land Coast Insulation, Inc. ("Land Coast"), of the trial court's grant of a writ of mandamus which ordered that a Statement of Amount Due ("Statement"), filed under the Public Works Act (the "Act") in the mortgage records against Gootee Construction, Inc. ("Gootee"), be cancelled. 1 See Gootee Const., Inc. v. Atkins, 15-0376 (La.App. 4 Cir. 11/4/15), 178 So.3d 629 (" Gootee I "). We affirmed the trial...
Judge Terri F. Love This appeal arises from unfulfilled public records requests. A local investigative newsroom filed numerous public records requests with the City of New Orleans. After receiving unsatisfactory results, the newsroom filed a petition for writ of mandamus, injunctive relief, and a declaratory judgment. The City of New Orleans then satisfied all but one of the public records requests. The trial court granted the request for a writ of mandamus regarding one request and...
Judge Daniel L. Dysart This is an appeal by plaintiff-appellant, Dr. Roberto Llopis, D.D.S., of a trial court judgment granting a motion for new trial, and sustaining a previously denied peremptory exception of no cause of action. As discussed more fully herein, the denial of an exception of no cause of action is an interlocutory judgment. Because there is no cognizable procedure for applying for a new trial on an interlocutory judgment, the trial court erred in considering and ruling on...
Judge Rosemary Ledet . This is a suit for damages. The plaintiff, Joycelyn Freeman, commenced this suit against her former boss, Joseph Zara, and employer, Zara's Food Store, Inc. (collectively "Defendants"). Ms. Freeman alleged an on-the-job sexual battery, sexual harassment, and retaliatory firing. 1 From the trial court's amended August 27, 2015 judgment in Ms. Freeman's favor, Defendants appeal. For the reasons that follow, we vacate both the trial court's amended August 27, 2015...
GENOVESE , Judge . Before the court in this medical malpractice action are a supervisory writ filed by Plaintiff, Jason Dunn, relative to the trial court's denial of his motion to continue, and his appeal of the trial court judgment granting summary judgment in favor of Defendants, Dr. Francis X. Robichaux and Mid-Louisiana Anesthesia Consultants, APMC (Mid-Louisiana). We have consolidated these matters for review. For the following reasons, we reverse both the trial court's denial of the...
Judge Rosemary Ledet In this criminal case, the defendant, Darrius Copelin, appeals his conviction and sentence for one count of armed robbery with a firearm, a violation of La. R.S. 14:64.3, and one count of possession of a firearm by a felon, a violation of La. R.S. 14:95.1. For the reasons that follow, we affirm his convictions and sentences. Nonetheless, because we find an error patent, we remand for the imposition of the mandatory fine required by La. R.S. 14:95.1. STATEMENT OF THE...
Judge Joy Cossich Lobrano In the case sub judice, this Court must decide whether a putative father's parental rights should be terminated under La. Ch. C. art. 1015 when the facts indicate that he may not know that his sexual relationship with a mother resulted in the birth of a child. Answering that question affirmatively, we reverse the judgment of the juvenile court and terminate the putative father's rights to the child, D.B. D.B., who is twelve years old, is the eldest of four...
JOHNSON , J. In this claim for workers' compensation, Claimant appeals the judgment of the office of workers' compensation's judge ("OWJ") that granted summary judgment in favor of Defendants on the issue of whether Claimant was in the course and scope of his employment at the time of his accident. For the following reasons, we reverse and remand for further proceedings. FACTS & PROCEDURAL HISTORY Claimant, Justin Joliboix, filed a 1008 Disputed Claim for Compensation against his...
GRAVOIS , J. Defendants/appellants, DS & B Services, LLC and Louisiana Construction and Industry Self Insurers Fund ("LCI"), appeal a judgment of the Office of Workers' Compensation ("the OWC") that found plaintiff/appellee, Leticia Villatoro, to be an employee of DS & B Services, LLC when she sustained an on-the-job accident in 2014, and awarded her workers' compensation benefits, as well as penalties and attorney's fees. For the reasons that follow, we reverse the judgment insofar as it...
Judge Rosemary Ledet This is a juvenile delinquency case. The juvenile, W.B., 1 appeals his adjudication as a delinquent and his disposition. For the reasons that follow, we affirm the adjudication but vacate the disposition and remand for a disposition hearing. STATEMENT OF THE FACTS On or about October 16, 2015, Aimee Keife's residence in New Orleans, Louisiana was burglarized. Immediately thereafter, she reported the burglary to the New Orleans Police Department ("NOPD"). By the...
PETERS , J. The plaintiffs, Susan Arnaud and Robbie Arnaud, appeal the trial court's judgment dismissing their suit for defamation against the defendant, Ronald Dies. For the following reasons, we reverse the decision of the trial court and render judgment in favor of Susan Arnaud and Robbie Arnaud, awarding them $10,000.00 each in damages. DISCUSSION OF THE RECORD Susan and Robbie Arnaud are husband and wife and the owners of Robbie's Wrecker Service, a towing business with a principal...
JAMES T. GENOVESE , JUDGE . Plaintiff, Amanda Rae Douga, and Defendants, Teneeshia Powell and Progressive Security Insurance Company (Progressive), 1 appeal the trial court's grant of summary judgment relative to garage operations liability insurance coverage in favor of All Star Buick GMC Truck, Inc. (All Star) and Tower National Insurance Company (Tower), and its denial of their cross motion for summary judgment. 2 For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND...
KEATY , Judge . Plaintiffs/landowners in this legacy litigation 1 appeal a judgment granting a motion for summary judgment based on prescription filed by defendant, BP America Production Company (BP), and dismissing their claims against it. Finding that numerous genuine issues of material fact remain, we reverse. FACTS AND PROCEDURAL HISTORY According to a Petition for Damages filed on March 3, 2011, Plaintiffs own property in Cameron Parish, Louisiana, (hereinafter referred to as "...
GENOVESE , J. Plaintiff, Wilson J. Trahan, appeals a trial court judgment dismissing his suit for damages against Defendants, Acadiana Mall CMBS, LLC; ERMC III Property Management Company, LLC; and, ERMC II, LP (hereinafter collectively referred to as "Acadiana Mall"). For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY This litigation arises out of a July 21, 2010 accident at the Acadiana Mall shopping center in Lafayette, Louisiana. At approximately 9:30 a.m. on that...
Judge Max N. Tobias, Jr. On 4 August 2015, the state, through the Grand Jury of St. Bernard Parish, returned an indictment against the defendant, Jarrod Gourgues ("Gourgues"), charging him with one count of perjury, a violation of La. R.S. 14:123; three counts of malfeasance in office, violations of La. R.S. 14:134; and one count of theft over $1,500.00, a violation of La. R.S.14:67 A. Defense counsel filed a motion for a bill of particulars and an omnibus motion for discovery and motion...
