NOT DESIGNATED FOR PUBLICATION CHUTZ , Judge . Plaintiffs-appellants, Susan Mulkey, Michael Mulkey, Jr., Michelle McCloud, and Mathew Mulkey (plaintiffs), appeal the trial court's judgment sustaining a peremptory exception raising the objection of no cause of action and dismissing their claims against defendant-appellee, Exxon Mobil Corporation (Exxon), 1 for damages arising from the death of Michael Mulkey, Sr. due to occupational exposure to toxic and carcinogenic chemicals. We reverse...
Judge Terri F. Love Plaintiffs/Relators seek review of the trial court's July 19, 2016 judgment granting Hensley R. Lee Contracting, Inc. and Tom Hayden ("Mr. Hayden") (collectively "HRL") partial summary judgment and dismissing with prejudice "all claims of racial discrimination, hostile work environment, intentional infliction of emotional distress, and all other claims based on racial animus, including those that fall under the Louisiana Unfair Trade Practices Act." We find the motions...
EZELL , Judge . Larry Kebodeaux appeals the decision of the trial court granting summary judgment in favor of the State of Louisiana, through the Board of Supervisors of the University of Louisiana System and the University of Louisiana at Lafayette Marine Survival Training Center (hereinafter referred to as ULL-MSTC). For the following reasons, we hereby affirm the decision of the trial court. On October 8, 2010, Mr. Kebodeaux was a student at ULL-MSTC participating in a marine survival...
NOT DESIGNATED FOR PUBLICATION D. KENT SAVOIE , Judge . The Defendants-Appellants, State Farm Mutual Automobile Insurance Company; State Farm Life Insurance Company; State Farm Fire and Casualty Company; State Farm General Insurance Company; State Farm VP Management Corporation; State Farm Bank, F.S.B.; and Insurance Placement Services, Inc.; Patrick White; and Kimberly Rollins White (hereinafter, collectively, State Farm Defendants), and Defendants-Appellants, David Haymon and Gene Haymon...
KEATY , Judge . Defendants, the Honorable Randall Edmund Roach, in his capacity as Mayor of the City of Lake Charles, and the City of Lake Charles (collectively "the City"), appeal the trial court's granting of a declaratory judgment in favor of Plaintiffs, the Lake Charles Police Officers' Association Local 830 AFL-CIO and Craig Desormeaux, individually and as President of the Local 830 (collectively "the Local 830"). For the following reasons, the trial court's judgment is affirmed....
As counsel of record in the captioned case, you are hereby notified that the application for panel rehearing or rehearing en banc filed by Homeland Insurance Company of New York has this day been DENIED. Conery, J., would grant rehearing or alternatively, grant rehearing en banc.
NOT DESIGNATED FOR PUBLICATION HOLDRIDGE , J. This is a products liability action wherein a crane operator was injured in the course and scope of his employment. The operator, along with his family members, sued various parties including the manufacturer of the crane and the lessee of the crane. After a jury trial was held, the jury assigned all of the parties a percentage of fault and awarded damages to the plaintiffs. All parties subsequently appealed. For the following reasons, we...
STONE , J. The plaintiff, RJAM, Inc. ("RJAM") appeals the ruling of the 42nd Judicial District Court, Desoto Parish, in which the trial court granted a motion for summary judgment in favor of Leon Miletello d/b/a L.S.M. Amusement Company, L.S.M. Gaming, Inc., and Logansport Gaming, L.L.C. ("Miletello"), finding RJAM cannot meet the suitability requirements in order to collect damages for the breach of a video gaming contract it entered into with Miletello. For the following reasons, we...
CARAWAY (ad hoc), J. The workers' compensation judge ("WCJ") awarded benefits to the employee after finding that he had succeeded in his burden of proving that a work-related mosquito bite infected him with the West Nile virus which resulted in total and permanent disability. The defendant attempted to show that the large outbreak of the West Nile virus at the time demonstrated that plaintiff could not prove a work-related injury. For the following reasons, we affirm in part and reverse...
PITMAN , J. Plaintiffs-Appellants Foster-Somerled Enterprises, LLC, d/b/a Roof or Consequences, LLC ("Foster"), and Somerled Construction, LLC ("Somerled"), appeal the judgment of the trial court granting the exceptions of no cause of action and no right of action in favor of Defendant-Appellee GuideOne Mutual Insurance Company ("GuideOne"). For the following reasons, we affirm in part, reverse in part and remand for further proceedings. FACTS On September 4, 2015, Foster, a licensed...
DREW , J. Matthew Breedlove was arrested in Barnes & Noble Booksellers on two counts of video voyeurism, contrary to La. R.S. 14:283 A(1). A jury found him guilty by vote of 11-1 on each count. He was sentenced to three years at hard labor, without benefits, and a fine of $1,000 on Count 1, concurrently with two years at hard labor on Count 2. He now appeals, urging insufficient evidence to convict, improper denial of his motion to suppress evidence of prior bad acts, and excessive...
LOLLEY , J. In this medical malpractice case, plaintiffs, Joshua Morris and Jeremy Watson, appeal a judgment from the Second Judicial District Court, Parish of Jackson, State of Louisiana, wherein a jury found in favor of defendant, Dr. Dirk Rainwater, M.D. For the following reasons we affirm the judgment of the trial court. FACTS On June 13, 2011, at approximately 1:15 p.m., Charlotte Leach, then a 50-year-old white female, presented in the Jackson Parish Hospital ("JPH") emergency room...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Plaintiffs-appellants, Iberville Parish School Board (IPSB) and various regional educational associations and individuals, including the statewide organization, Louisiana Association of Educators (collectively LAE), 1 respectively appeal the trial court's judgment dismissing their claims for injunctive and declaratory relief against defendants-appellees, the State of Louisiana, Department of Education (DOE) and the Louisiana Board of Elementary...
CRAIN , J. This is an appeal of a judgment granting a summary judgment in this succession proceeding and dismissing the claims of certain alleged heirs. We affirm. FACTS AND PROCEDURAL HISTORY George Matthews Sr. (Matthews) died intestate in 1930, and his succession was judicially opened in 1932; however, no judgment of possession was rendered in that proceeding. In 1972, the combined successions of Matthews and Frances Taylor Matthews were judicially opened, and then consolidated with...
EZELL , Judge . Marion Bartley (Ms. Bartley) appeals the finding of the workers' compensation judge that she forfeited her rights to workers' compensation benefits by committing fraud under La.R.S. 23:1208. For the following reasons, we hereby affirm the decision of the workers' compensation judge. Ms. Bartley was employed as a cook at Garden View Assisted Living (Garden View). On August 19, 2014, she fainted and collapsed in the kitchen. She was sent to the hospital via ambulance, as the...
NOT FOR PUBLICATION SYLVIA R. COOKS , Judge . FACTS AND PROCEDURAL HISTORY Plaintiff Robert Schram (Schram) was injured while assisting in the construction of a free-standing tin roof over a mobile home trailer located in Alexandria, Louisiana. Plaintiff was working with Mr. Dan Baker (Baker) and Mr. Mark Hennigan (Hennigan) at the time of the accident. The trailer is located on property owned by Ronnie Waters (Waters) and his wife, and is rented to a tenant who is not a party to this...
Judge Joy Cossich Lobrano . This breach-of-contract action arises from a long-standing dispute relating to a 1996 construction contract entered into by appellees, Sterling Doucette and Doucette & Associated Contractors, Inc. (collectively "Doucette"), and appellants, Angele Jackson Guient and Borjius Guient (collectively the "Guients"), to build the Guients' residence in New Orleans, Louisiana. For the reasons that follow, we affirm in part and reverse in part the district court's award of...
NOT DESIGNATED FOR PUBLICATION WELCH , J. The plaintiff, Samantha Gray, appeals a summary judgment granted in favor of the defendants, Walgreen Louisiana Co., Inc. 1 ("Walgreens"), Sedgwick CMS ("Sedgwick"), Chelsea Landry, 2 and their liability insurer, Zurich American Insurance Company, which dismissed the plaintiff's petition for damages and for violation of her rights under the Health Insurance Portability and Accountability Act ("HIPAA"). We affirm the judgment of the district...
NOT DESIGNATED FOR PUBLICATION McCLENDON , J. Plaintiffs appeal a trial court judgment that dismissed their claims with prejudice following a bench trial on the merits. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On January 29, 2004, a fire originated in the common wall between adjoining townhomes located in the Port Louis townhome complex in Madisonville, Louisiana, causing severe damage to both townhomes. In January 2005, Kenneth and Karen Savage, owners of...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Defendants-appellants, Claude Porter, Ervin LaBostrie, Jr., and Paulette Porter LaBostrie 1 (collectively defendants), 2 appeal the trial court's judgment rendering confirmation of a default judgment, which quieted the tax sale title of plaintiff-appellee, Adair Assets Management, LLC (Adair), free from any encumbrances against immovable property located in Iberville Parish. The judgment also assessed attorney fees and costs associated with...
