CHARLES R. JONES, Judge. Pro se plaintiff, Carrie Merrill, appeals the judgment of the Office of Workers' Compensation ("OWC"), dismissing her claim against Greyhound Lines, Inc. ("Greyhound"). We reverse and remand finding that the OWC erred in not finding that the degenerative disease Ms. Merrill presently suffers from was aggravated and caused to be symptomatic by her work-related injury. The facts surrounding Ms. Merrill's work-place accident are not in dispute. In December 2006, Ms....
NOT DESIGNATED FOR PUBLICATION MAX N. TOBIAS, JR., Judge. In this appeal, the plaintiff, Mildred Butler, seeks reversal of the trial court's judgment granting summary judgment in favor of the defendant, Charles John Victorson. For the following reasons, we amend the judgment as amended affirm the judgment. On 6 December 2007, Ms. Butler filed suit alleging that she hired Carlos Carcemo and C. John Victorson (collectively, the defendants) to perform repairs to her home. In her petition, she...
Not Designated for Publication JOAN BERNARD ARMSTRONG, Chief Judge. STATEMENT OF CASE On March 20, 2007, the State of Louisiana charged the defendant, Lostin Lee, by bill of information with six counts of violating La. R.S. 14:65.1, purse snatching. On March 28, 2007, the defendant pled not guilty to the charges. On March 29, 2007, the defendant filed the following written motions: 1) motion to suppress evidence; 2) motion to suppress statement; 3) motion to suppress identification; and 4)...
Not for Publication COOKS, Judge. FACTS AND PROCEDURAL HISTORY Appellants are Plaintiffs in consolidated actions against the Caddo Parish Sheriff's Office and others alleging sexual misconduct on the part of the defendant's employees at defendant's correctional center allegedly perpetrated against plaintiff inmates. 1 A scheduling order was issued by the trial court on July 8, 2008 setting pretrial deadlines and a trial date of September 3, 2008. Defendants/Appellees filed a motion for...
MICHAEL E. KIRBY, Judge. Defendant, AHEPA 133/Penelope 55, Inc. ("AHEPA"), appeals the trial court judgment granting a preliminary injunction in favor of plaintiff, Robert Asaro. 1 For reasons that follow, we reverse the trial court judgment and vacate the preliminary injunction. On September 9, 2008, AHEPA applied for a building permit with the Department of Safety and Permits for the City of New Orleans for the construction of a facility described in the permit application as "Senior...
Not Designated for Publication KLINE, J. The defendant, Kerry Louis Doucette, was charged by bill of information with possession of a firearm by a convicted felon (count one), a violation of La. R.S. 14:95.1, and possession of marijuana, second offense (count two), a violation of La.R.S. 40:966(E)(2). He pled not guilty to both counts. Following a trial by jury, the defendant was convicted as charged. The trial court sentenced the defendant to imprisonment at hard labor for ten years, without...
Not Designated for Publication KUHN, J. The defendant, Michael S. Nelson, was charged by bill of information with one count of simple burglary, a violation of La. R.S. 14:62(A). He pled not guilty. Following a jury trial, he was found guilty as charged. Thereafter, the State filed a habitual offender bill of information against him alleging he was a tenth-felony habitual offender. 2 Following a hearing, he was adjudged a fourth-felony habitual offender. Prior to sentencing the defendant as a...
Not Designated for Publication KUHN, J. The defendant, Ronald J. Blake, was charged by bill of information with one count of third offense operating a vehicle while intoxicated (DWI), a violation of La. R.S. 14:98(D). He initially pled not guilty, and he filed a motion to quash, contending predicate offenses numbers one and two had been obtained in violation of his constitutional rights. 2 Following a hearing, the motion was denied. Thereafter, he entered a guilty plea pursuant to State v....
Not Designated for Publication KLINE, J. The defendant, Edward Nelson McCray, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. He pled not guilty and, following a jury trial, was found guilty as charged. He was sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The defendant now appeals, designating one assignment of error. We conditionally affirm the conviction and sentence and remand...
Not Designated for Publication PETTIGREW, J. The defendant, James Anthony Johnson, Jr., was charged by bill of information with possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. The defendant pled not guilty. He waived his right to a jury trial and, following a bench trial, was adjudged guilty as charged. The defendant was sentenced to ten years at hard labor without the benefit of probation, parole, or suspension of sentence. The defendant now appeals,...
NOT DESIGNATED FOR PUBLICATION WHIPPLE, J. This matter is before us on appeal by plaintiffs, the legal guardian of a patient, the mother of a student, and an employee of New Orleans Adolescent Hospital ("NOAH"), who collectively filed suit for injunctive relief and declaratory judgment regarding the closure of NOAH, a public, inpatient mental health facility that was located in New Orleans. In this appeal, plaintiffs challenge the trial court's September 11, 2009 judgment, which maintained...
NOT DESIGNATED FOR PUBLICATION KUHN, J. Defendants-appellants, Marion A. Allen, Inc., of Georgia d/b/a the Allen Group (MAAG) and Marion A. Allen, individually, appeal the trial court's judgment awarding $968,540.50 plus interest and costs to Skyline Management, Inc. (Skyline) based on a finding that MAAG and Skyline had entered into a joint venture and that in addition to MAAG's corporate liability, Allen was personally liable for breach of the joint venture agreement. We affirm. In 1992,...
Not Designated for Publication Kuhn, J. This case involves an injury to a child that occurred on the premises of an indoor restaurant playroom. On appeal, we address the sole issue of whether the trial court committed legal error by failing to instruct the jury regarding the doctrine of res ipsa loquitur. We conclude that because reasonable minds could not conclude, based on the facts of this case, that all of the criteria for using the doctrine were satisfied, the trial court acted...
Not Designated for Publication KLINE, J. This matter arises from a contract dispute between J. Michael Howell & Associates, Inc., 4M Auto, LLC, Auto Gap, Inc., and Auto Gap Insurance Company (collectively, Howell Group) and Sierra W/O Wires, Inc. (Sierra). After a trial on the merits, the trial court ruled in favor of Howell Group. Judgment was rendered, and Sierra appeals. For the following reasons, we affirm the judgment. FACTS AND PROCEDURAL HISTORY Sierra is an information technology (...
Not Designated for Publication PETTIGREW, J. In this case, plaintiff, Bridgette Gravois Ortega, filed a petition to annul a December 13, 2004 judgment that was rendered terminating the community property regime that previously existed between her and defendant, Koury J. Ortega, and substituting in lieu thereof a regime of separation of property. Bridgette alleged that this judgment was "obtained due to the fraudulent actions of [Koury] and his agents." Bridgette further argued that she was...
Not Designated for Publication PETTIGREW, J. In this case, plaintiffs, Tonya B. Hidalgo and Sidney Hidalgo ("the Hidalgos"), challenge the trial court's judgment sustaining the prematurity exceptions filed by defendants. Sun Construction, L.L.C. ("Sun Construction") and Bonded Builders Warranty ("Bonded Builders"), and dismissing their action without prejudice. For the reasons that follow, we affirm as amended. FACTS AND PROCEDURAL HISTORY According to the record, the Hidalgos signed a...
Not Designated for Publication WHIPPLE, J. This matter is before us on appeal by plaintiffs, the legal guardian of a patient, the mother of a student, and an employee of New Orleans Adolescent Hospital ("NOAH"), who collectively filed suit for injunctive relief and declaratory judgment regarding the closure of NOAH, a public, inpatient mental health facility that was located in New Orleans. In this appeal, plaintiffs challenge the trial court's September 11, 2009 judgment, which maintained...
Terri F. Love, Judge. Plaintiffs/Appellants, Elizabeth Pearson and Upton Pearson, appeal the district court's granting of a motion for summary judgment that was filed on behalf of Defendants/Appellees, Thomas J. Delaune, Tommy's Seafood, Inc., and Lafayette Insurance Company. The Pearsons filed suit against Mr. Delaune, owner of the leased premises where she was employed, and Mr. Delaune's insurer, alleging that Mrs. Pearson was injured as a result of a defective, leaking compressor unit, the...
NOT DESIGNATED FOR PUBLICATION. CARAWAY, J. Purchaser of a used car brought redhibition action against car dealer seeking a rescission of the sale, refund of purchase price and associated costs, as well as damages for mental anguish arising from alleged deceptive trade practices. The car dealer now appeals the city court's judgment rescinding the sale and awarding a return of the sales price together with associated costs, attorneys fees, and penalties for deceptive trade practices. For the...
NOT DESIGNATED FOR PUBLICATION MICHAEL E. KIRBY, JUDGE. In this legal malpractice case, the plaintiff, Grant Lee Jones, individually and as Administrator of the Succession of Carol Ann Jones King ("Ms. King"), appeals the district court's judgment that granted an exception of no cause of action based on peremption pursuant to La. R.S. 9:5605 1 , asserted by the defendants, attorney Richard Arias, and his professional liability insurer, Continental Casualty Company. For the reasons that follow,...
