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1996 News Releases

News Release #059

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 059

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 21st day of May, 1996 , are as follows:
 

BY CALOGERO, C.J. :

95-C - 2270 AMY ELIZABETH BAUMEISTER v. LOYCE PLUNKET, ET AL (Parish of Caddo)

For these reasons we conclude that the district court and the court of appeal erred in finding Humana vicariously liable for the acts of its employee in this case. The judgments of the courts below are therefore reversed insofar as they cast the defendant Humana Hospital-Brentwood in damages. Judgment is rendered in favor of defendant Humana and against plaintiff Amy Baumeister, dismissing her petition at her costs. REVERSED AND RENDERED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

JOHNSON, J. - dissents.
 

BY MARCUS, J. :

94-KA- 2078 STATE OF LOUISIANA v. EDDIE MITCHELL, JR. (Parish of Calcasieu) (First Degree Murder)

For the reasons assigned, defendant's conviction and sentence are affirmed for all purposes except that this judgment shall not serve as a condition precedent to execution as provided by La. R.S. 15:567 until (a) defendant fails to petition the United States Supreme Court timely for certiorari, (b) that Court denies his petition for certiorari; (c) having filed for and been denied certiorari, defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for applying for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

95-C - 2452 PLAQUEMINES PARISH GOVERNMENT v. GETTY OIL CO., TEXACO PRODUCING, INC. TEXACO, INC., EXXON CORP., CHEVRON U.S.A., INC., ET AL (Parish of Plaquemines)

For the reasons assigned, but on different grounds than those of the court of appeal, the judgment of the court of appeal is affirmed. All costs are assessed against the Plaquemines Parish Government.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

LEMMON, J. - dissents and will assign reasons.

95-C - 2571 ST. CHARLES PARISH SCHOOL BOARD v. P & L INVESTMENT CORPORATION (Parish of St. Charles)

For the reasons assigned, the judgment of the court of appeal is reversed. Judgment is rendered in favor of the St. Charles Parish School Board and against P & L Investment Corporation, Angelo Puglise, Salvador Puglise and Richard Warren Landry declaring the asphalt, concrete, and shell roadway located on P & L's property and commonly known as Tiger Drive to be a private street dedicated to public use, as per survey by Roland P. Bernard, surveyor, dated October 4, 1990, attached and made a part of this opinion. All costs are assessed against defendants.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.
 

BY WATSON, J. :

95-CA- 1848 DANIEL L. RHODES AND JUDY DUPRE RHODES, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR DAUGHTER, MICHELLE RHODES v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, AND STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS (Parish of Terrebonne)

DECLARATION OF UNCONSTITUTIONALITY VACATED; CASE REMANDED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice desginated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

95-KK- 2724 STATE OF LOUISIANA v. MICHAEL DUHON (Parish of Jefferson Davis) (Possession of a Controlled Dangerous Substance)

C/W

95-KK- 2726 STATE OF LOUISIANA v. NORWEN FRANCIS (Parish of Jefferson Davis) (Forgery)

For the foregoing reasons, the trial court judgments are affirmed.

AFFIRMED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.
 

BY LEMMON, J. :

96-CA- 0053 YVONNE BLANCHARD, ET AL v. STATE OF LOUISIANA, THROUGH THE PARKS AND RECREATION COMMISSION, ET AL (Parish of St. Martin)

For these reasons, the judgment of the trial court declaring La. Rev. Stat. 9:2798.1 unconstitutional is reversed, and the case is remanded to the district court for further proceedings in accordance with this opinion.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justice Marcus, Watson, Lemmon, Kimball, Johnson and Victory.
 

BY KIMBALL, J. :

95-C - 1394 EDWARD LEE DAUGHERTY v. DOMINO'S PIZZA AND ZURICH AMERICAN INSURANCE COMPANY

AFFIRMED IN PART, REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justice

Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

VICTORY, J. - dissents.

95-C - 2933 RODNEY BREAUX v. WILFRED HOFFPAUIR AND LOUISIANA WORKER'S COMPENSATION CORPORATION

Therefore, we reverse the court of appeal's affirmance of the hearing officer's ruling that "wages" under La. R.S. 23:1221(1)(a) means actual wages in such a case, and remand this case to the Office of Workers' Compensation for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justice

Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

WATSON, J. - dissents and assigns reasons.

96-CA- 0314 THE LOUISIANA REPUBLICAN PARTY AND JOHN RONDENO v. HONORABLE MIKE FOSTER, GOVERNOR OF LOUISIANA, W. FOX MCKEITHEN, SECRETARY OF STATE OF LOUISIANA (Parish of East Baton Rouge)

AFFIRMED IN PART, VACATED IN PART. The Republican Party is given 15 days from the date of finality of this judgment in which to file its plan with the Secretary of State under R.S. 18:443.1.B as it was amended by Act 949 of 1992.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

JOHNSON, J. - concurs in the result.
 

BY JOHNSON, J. :

95-B - 0817 IN RE: BRENDA M. BROWN (Disciplinary Proceedings )

For the reasons assigned, it is ordered, adjudged and decreed that Brenda M. Brown be and she is hereby disbarred from the practice of law, effective from the date of her interim suspension by this court on February 10, 1994. All costs of this proceeding are assessed to respondent.

DISBARMENT ORDERED.

Judge Burrel J. Carter, Court of Appeal, First Circuit sitting by assignment in place of former Justice James L. Dennis.

CALOGERO, C.J. - not on panel. Rule IV, Part 2, Section 3.

LEMMON, J. - concurs.

 

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