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...
ROSEMARY LEDET , Judge . This case involves the denial of a conditional use permit. From the trial court's November 14, 2019 judgment granting a writ of certiorari and ordering the City Council to hold a final vote and to adopt a proposed ordinance issuing the conditional use permit, the City of New Orleans (the "City") and the City Council (the "Council") appeal. On appeal, the City and the Council also request costs. For the reasons that follow, we reverse the trial court's judgment and...
Judge , Regina Bartholomew-Woods . This appeal arises out of the disqualification of Allen Helwick Borne, Jr., from candidacy for the Louisiana State Senate District 5. The trial court disqualified Mr. Borne because it found that he failed to sign the notice of candidacy form as required by La. R.S. 18:463(A)(2)(a) and (A)(3). We find that the trial court did not err when it disqualified Mr. Borne. Accordingly, we affirm. FACTUAL BACKGROUND Mr. Borne states that on July 26, 2019, he...
STEPHENS , J. Rose Mary Grimsley, plaintiff in these proceedings, appeals a judgment by the 42nd Judicial District Court, Parish of DeSoto, State of Louisiana, granting a motion for summary judgment in favor of defendants, James Construction Group, LLC, and its insurer, Liberty Mutual Insurance Company. For the following reasons, we affirm the trial court's judgment. FACTS Rose Mary Grimsley was involved in a single-vehicle collision on March 11, 2015, at approximately 9:00 p.m. She was...
EDWIN A. LOMBARD , Judge . The Appellant, Sally Owens Radlauer, 1 seeks review of the January 2, 2019 judgment of the district court granting the motion for summary judgment of the Appellee, Dr. Stephen Brint. Pursuant to our de novo review, we affirm the judgment of the district court, finding that Dr. Brint established that there was no genuine issue of material fact as to whether a redhibitory defect existed on the Property at issue. FACTS AND PROCEDURAL HISTORY In 1999, Dr. Brint...
FREDERICKA HOMBERG WICKER , Judge . AFFIRMED FHW RAC HJL Appellant, Willow Bend Ventures, L.L.C., (hereinafter "Willow Bend") appeals the Board of Tax Appeals' judgment awarding St. John the Baptist Parish Sales and Use Tax Collector (hereinafter "the Collector") $1,479,914.17 in owed taxes, penalties, interest, and attorney fees related to the sale of dirt from Willow Bend's borrow pit located in St. John the Baptist Parish. For the following reasons, we affirm the Board's judgment....
JAMES F. McKAY, III , Chief Judge . In this public bid law case, the plaintiff, J. Caldarera & Company, Inc. (Caldarera), appeals a trial court judgment in favor of the defendants, the Ernest N. Morial Exhibition Hall Authority (the Authority) and Melvin Rodrigue in his official capacity as President of the Earnest N. Morial Exhibition Hall Authority Board, which determined that the intervenor, Landis Construction Company, LLC, was the lowest responsive bidder and rendered judgment in favor...
DANIEL L. DYSART , Judge . Defendants, Housing Corporation of America, Gregory Swafford and Vanessa Marie Caliste Swafford, and Intervenors, Joshua Gaines and Corey Chandler, appeal two judgments: A judgment of May 3, 2018 granting a Motion for Summary Judgment, an Exception of No Cause of Action, and a Motion to Cancel Lis Pendens filed on behalf of plaintiff/appellee, Community Development Capital; and a judgment rendered October 10, 2018, denying a Motion for New Trial of the May 3, 2018...
