FREDERICKA HOMBERG WICKER , Judge . Appellant-attorney, Cynthia Samuel, appeals the trial court's judgment imposing sanctions against her pursuant to La. C.C.P. art. 863 and denying her motion for sanctions against appellees and their counsel. For the following reasons, we affirm that portion of the trial court judgment imposing sanctions and attorney fees against Ms. Samuel under La. C.C.P. art. 863. However, because we find Ms. Samuel — who is not a party in this matter — does not have a...
ROBERT A. CHAISSON , Judge . Greg Champagne, Sheriff of St. Charles Parish, et al., appeal a judgment in favor of Donald M. Ober, III, Lacie Ober, and their two minor children, in this motor vehicle accident case. For the following reasons, we affirm the JNOV rendered in favor of Donald M. Ober, III, but reinstate the jury verdicts as to Lacie Ober and the two minor children. FACTS AND PROCEDURAL HISTORY The facts of the accident need not be given in detail as liability was established...
NOT DESIGNATED FOR PUBLICATION JIMMIE C. PETERS, Judge. This appeal arises from an October 1, 2010 vehicle-pedestrian accident which occurred in Leesville, Vernon Parish, Louisiana. The Vernon Parish School Board (School Board) appeals a trial court judgment rendered against it and in favor of Lakeisha Waterstraat awarding her general and special damages sustained by her in the accident. For the following reasons, we affirm the trial court judgment in all respects. DISCUSSION OF THE RECORD...
NOT DESIGNATED FOR PUBLICATION PARRO, Judge. This case stems from a collision between a car and a pedestrian. The pedestrian, Jasmine Richardson, appeals a district court judgment that dismissed her claim against the insurer of the car that struck her. The district court found that an exclusion in the personal auto liability insurance policy insuring the car applied to the actions of the driver of that car at the time of the accident. For the following reasons, we affirm. BACKGROUND On the...
NOT DESIGNATED FOR PUBLICATION WELCH, J. Plaintiffs, Frances Robertson, Phillis Castille, Leslie Robertson, and Stewart Robinson, appeal a judgment granting defendant Union Carbide Corporation's motion for summary judgment on the issue of causation and dismissing plaintiffs' claims with prejudice. In connection with that appeal, plaintiffs also appeal an interlocutory order limiting the testimony of Dr. Eugene Mark. 1 We reverse and remand for further proceedings. FACTUAL AND PROCEDURAL...
As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by D. Patrick Daniel, Jr. has this day been DENIED.
NOT DESIGNATED FOR PUBLICATION JOHN D. SAUNDERS, Judge. This is an appeal from the grant of a motion for summary judgment filed by an insurance company which purportedly provided underinsured/uninsured motorist coverage to the plaintiff. The insurance company paid the plaintiff the policy limits of its policy and moved for summary judgment. The trial court granted the insurance company's motion. We find that the trial court impermissibly weighed evidence related to material facts. Thus, we...
NOT DESIGNATED FOR PUBLICATION PARRO, J. In this medical malpractice case, Bessie Day Brown and her husband, Clarence Brown, appeal a judgment rendered in accordance with a jury verdict in favor of Dr. Karippelil Mathew, dismissing their claims for damages arising out of Dr. Mathew's surgical treatment of Ms. Brown. They also appeal a judgment denying their motion for a judgment notwithstanding the verdict. Dr. Mathew answered the appeal, seeking assessment of the cost of his expert witness....
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. In this property dispute, Jeanette Felton Pinion and Shelly Perrilloux Pinion, wife of/and Donald Pinion (the Pinions) appeal a trial court judgment, granting a motion for summary judgment in favor of James Edward Murphy, Sr. and Norma Jean Murphy (the Murphys) and declaring the Murphys owners of a certain piece of property by thirty years acquisitive prescription. For the reasons that follow, we reverse the summary judgment and remand the matter...
NOT FOR PUBLICATION KUHN, J. This case is a mass tort action resulting from chemical emissions. For the following reasons, the judgment is amended in part and, as amended, is affirmed. FACTS AND PROCEDURAL HISTORY Beginning at 6:22 p.m. on October 15, 1999, the first of two chemical emissions was released by Pearl River Polymers, Inc., (PRP) a chemical plant located in Pearl River, Louisiana. A second chemical emission followed shortly thereafter. On October 18, 1999, a class action...
NOT DESIGNATED FOR PUBLICATION McDONALD, J. Lange Walker Allen and Susan Taylor Allen were married August 18, 1998 in Madisonville, Louisiana. Mr. Allen and Ms. Allen were divorced on April 4, 2012. The parties had a separate property agreement. However, claims for spousal support, reimbursement of separate funds, and return of separate property were made in the divorce proceedings. This is an appeal from a ruling finding Mr. Allen in contempt of court and imposing sanctions. 1 Mr. Allen...
FREDERICKA HOMBERG WICKER , Judge . Defendant, Kathleen Wall, appeals her conviction and sentence for operating a vehicle while under the influence of a controlled dangerous substance, having been previously convicted three times, in violation of La. R.S. 14:98(A)(E). For the following reasons, we affirm defendant's conviction but vacate the sentence imposed and remand for resentencing in compliance with La. R.S. 14:98(E). STATEMENT OF THE CASE On April 3, 2013, the Jefferson Parish...
NOT DESIGNATED FOR PUBLICATION THERIOT, J. The defendant, Derick J. Jordan, was charged by bill of information with armed robbery with use of a firearm, violations of Louisiana Revised Statutes sections 14:64 and 14:64.3A. 1 He pled not guilty and, following a jury trial, was found guilty as charged. He filed motions for new trial and post-verdict judgment of acquittal, both of which were denied. He was then sentenced to twenty-five years at hard labor without benefit of parole, probation,...
NOT DESIGNATED FOR PUBLICATION WELCH, J. The defendant, Allen Lazaro Thompson, was charged by grand jury indictment with three counts of aggravated rape (victim under the age of thirteen), violations of Louisiana Revised Statutes section 14:42 (counts 1-3); three counts of sexual battery (victim under the age of thirteen), violations of Louisiana Revised Statutes section 14:43.1 (counts 4-6); eight counts of indecent behavior with juveniles, violations of Louisiana Revised Statutes section...
NOT DESIGNATED FOR PUBLICATION WHIPPLE, C.J. The defendant, Cosea Bell, was charged by bill of information with indecent behavior with a juvenile (victim under the age of thirteen), a violation of LSA-R.S. 14:81 (count 1), and sexual battery (victim under the age of thirteen), a violation of LSA-R.S. 14:43.1 (count 2). He pled not guilty. Following a jury trial, the defendant was found guilty as charged on count 1 and guilty of the responsive offense of attempted sexual battery on count 2,...
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. Defendant, Arnold Henry Heron, Jr., was charged by bill of information with attempted simple burglary of property belonging to Lee Davis, a violation of LSA-R.S. 14:27 and 14:62. At arraignment, defendant pled not guilty. Following a jury trial, he was found guilty as charged. Defendant filed motions for post-verdict judgment of acquittal and new trial, which were denied by the trial court. He was sentenced to six years at hard labor with credit...
NOT DESIGNATED FOR PUBLICATION PARRO, J. The defendant, Lazarious Dwayne Clayton, was charged by bill of information with aggravated assault with a firearm, a violation of LSA-R.S. 14:37.4 (count 1); aggravated criminal damage to property, a violation of LSA-R.S. 14:55 (count 2); and possession of a firearm by a convicted felon, a violation of LSA-R.S. 14:95.1 (count 3). The defendant pled not guilty to all counts and, following a jury trial, he was found guilty as charged on count 3. The...
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. In this slip-and-fall case, the plaintiff appeals a trial court judgment that granted the defendants' motion for summary judgment and granted defendants' motion to assess a fee and costs. For the reasons that follow, we reverse in part and affirm in part. FACTUAL AND PROCEDURAL HISTORY The plaintiff, Peggie Hunter, filed suit for injuries she sustained when she slipped and fell on a ramp while exiting the restaurant owned and operated by the...
NOT DESIGNATED FOR PUBLICATION WELCH, J. Defendants, Dr. Janet Lewis and Louisiana Medical Mutual Insurance Company, appeal a judgment awarding costs of a lawsuit to plaintiff, Margaree Haney. We affirm. BACKGROUND Some of the factual background for the present dispute was set forth in a prior opinion by this court, Haney v. Lewis, 2013-2053 (La. App. 1 st Cir. 9/8/14)(unpublished opinion), writs denied , 2014-2087, 2014-2089 (La. 11/26/14), ___ So.3d ___. On November 18, 2010, Mrs....
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. Plaintiff seeks review of the trial court's judgment granting multiple exceptions raised by the defendant and dismissing plaintiff's petition for declaratory judgment and writ of mandamus. For the following reasons, we reverse the trial court's judgment to the extent it dismissed plaintiff's petition and remand this matter for further proceedings. FACTS AND PROCEDURAL HISTORY Diamond Properties Holdings, Inc., the owner of immovable property in...
