FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 131

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 20th day of December, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

APPLICATION WITHDRAWN ON RELATOR'S MOTION:

96-CC- 3002 DANIEL SCOTT, SR., ET AL v. METROPOLITAN LIFE INS. CO., ET AL (Parish of St. Bernard)
 

WRIT DENIED :

96-CC- 3036 ALMA C. DAY, ET VIR v. RANDY E. WILLIAMS, ET AL (Parish of Webster)

MARCUS, J. - would grant. The trial judge erred in ordering plaintiff to submit to an examination by a neuropsychologist who is neither a physician nor a vocational rehabilitation expert. La. Code Civ. P. art. 1464; see also Rivere v. NPC Services Inc. 94-0619 (La. 3/15/96), 634 So.2d 842; Williams v. Smith, 576 So.2d 448 (La. 1991).

KIMBALL, J. - would grant the writ.

JOHNSON, J. - not on panel.

96-KD- 3040 STATE OF LOUISIANA v. DAN BRIGHT (Parish of Orleans)

CALOGERO, C.J. - would grant the stay and entertain the application at the next conference.

MARCUS, J. - would grant and remand to the court of appeal. This Court had no appellate jurisdiction since a penalty of death has not been actually imposed. La. Const. art. V, Section 5(D).

LEMMON, J. - not on panel.

On the 27th day of December, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

WRIT DENIED; STAY DENIED :

96-CC- 3038 RICHARD F. KEYWORTH v. FIRST NATIONAL INVESTMENT GROUP, L.L.C. AND PAUL VALTEAU, CIVIL SHERIFF (Parish of Orleans)

BLEICH, J. - not on panel.

On the 30th day of December, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

WRIT GRANTED WITH ORDER :

96-KK- 2999 STATE OF LOUISIANA v. SHAWN JAMES GASPARD (Parish of Lafayette)

VICTORY, J. - not on panel.

BLEICH, J. - would deny the writ.
 

STAY RECALLED; WRIT DENIED:

96-CC- 2995 BOH BROS. CONSTRUCTION CO. L.L.C. v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, FRANK DENTON AND RODDY DILLON (Parish of East Baton Rouge)

KIMBALL, J. - would grant the writ.

JOHNSON, J. - not on panel.
 

REHEARING GRANTED WITH ORDER :

96-CC- 1904 PATRICK J. LEONARD v. DIMENSIONAL OILFIELD SERVICES, INC., SAMEDA OIL CORPORATION, BRUCE MARINE AND OPI INTERNATIONAL, INC. (Parish of Orleans)

See Order.

BLEICH, J. - not on panel.
 

REHEARINGS DENIED :

95-C - 2757 ROY LEE THOMAS, INSURANCE COMPANY OF NORTH AMERICA & W.J. PENTON CONSTRUCTION CO. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of Webster)

BLEICH, J. - not on panel.

96-C - 2074 ROSALYN SAVOY v. UNIVERSITY MEDICAL CENTER (Parish of Lafayette)

WATSON, J. - not on panel.

LEMMON, J. - would grant a rehearing.

KIMBALL, J. - would grant a rehearing.

VICTORY, J. - would grant a rehearing.

96-CC- 2148 THELMA MCDANIEL, ET AL v. DR. CHARLES E. REED, ET AL (Parish of Orleans)

CALOGERO, C.J. - would grant rehearing.

LEMMON, J. - not on panel.

BLEICH, J. - would grant rehearing.