FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 105

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 2nd day of December, 1997 , are as follows:

BY CALOGERO, C.J. :

97-C - 0688 SILMON O. SEAL v. GAYLORD CONTAINER CORPORATION (Office of Workers' Compensation District # 6)

For the foregoing reasons, we reverse the judgment of the court of appeal. Further, we amend the judgment of the hearing officer to strike the award for attorney fees and penalties and reinstate the hearing officer's judgment as so amended.

REVERSED; HEARING OFFICER'S JUDGMENT REINSTATED AS AMENDED.

TRAYLOR, J. - not on panel. Rule IV, Part 2, 3.

VICTORY, J. - dissents in part and will assign reasons. [Ed. Note: Added Dec. 16, 1997]

KNOLL, J. - concurs in part and dissents in part and assigns reasons .

BY MARCUS, J. :

97-C - 0416 PAUL B. SIMMS v. JASON BUTLER, NEWTON MOORE, ILLINOIS INSTITUTE OF TECHNOLOGY, THE HARTFORD INSURANCE COMPANY, ALAMO RENT-A-CAR, INC., GAB BUSINESS SERVICES, INC., STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AND XYZ INSURANCE COMPANY (Parish of Orleans)

For the reasons assigned, the judgment of the court of appeal is reversed and judgment is rendered in favor of Allstate Insurance Company and against Paul B. Simms, dismissing his suit at his cost.

LEMMON, J. - not on panel. Rule IV, Part 2, 3.

97-C - 0744 PATRICK M. WARTELLE & KRISTINE WARTELLE v. WOMAN'S AND CHILDREN HOSPITAL INC. AND THE LOUISIANA PATIENT'S COMPENSATION FUND (Parish of Lafayette)

For the reasons assigned, the judgment of the court of appeal is reversed and set aside. The case is remanded to the trial court for the fixing of damages and the rendering of an appropriate judgment.

KNOLL, J. - not on panel; recused. Rule IV, Part 2, 3.

LEMMON, J. - dissents and will assign reasons. [Ed. Note: Added December 12, 1997]

BY LEMMON, J. :

97-CC- 1149 MATTHEW G. ROUSSEVE v. ALYNZA JONES AND THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF FAMILY SUPPORT (Parish of St. James)

Accordingly, the judgment of the court of appeal overruling the exception of no right of action is affirmed. The case is remanded to the trial court for further proceedings consistent with this opinion.

MARCUS, J. - not on panel. Rule IV, Part 2, 3.

BY JOHNSON, J. :

96-CA- 2890 LIVINGSTON DOWNS RACING ASSOCIATION, INC. v. STATE OF LOUISIANA, ET AL (Parish of East Baton Rouge)

Because we hold that LSA-R.S. 4:211(5) is not a local or special law, is rationally related to a legitimate governmental purpose and is not being selectively enforced, the award for attorney's fees is vacated and set aside.

REVERSED.

KIMBALL, J. - not on panel. Rule IV, Part 2, 3.

LEMMON, J. - dissents and assigns reasons.

KNOLL, J. - concurs in the result only.

BY VICTORY, J. :

97-C - 0741 HERBERT ORTEGO, JR., ET UX v. ROY MOTORS, INC., ET AL (Parish of St. Landry)

For the reasons stated herein, the judgment of the court of appeal is affirmed.

AFFIRMED.

JOHNSON, J. - not on panel. Rule IV, Part 2, 3.

BY TRAYLOR, J. :

96-KK- 2060 STATE OF LOUISIANA v. RONNIE K. HONGO (Parish of Sabine)

(Attempted Second Degree Murder)

For the foregoing reasons, the court of appeal's order for a new trial is reversed and defendant's conviction and sentence are reinstated.

REVERSED.

KNOLL, J. - not on panel; recused. Rule IV, Part 2, 3.

96-KO- 2647 C/W 96-K - 2665 STATE OF LOUISIANA v. HENRY F. EVERIDGE (Parish of Orleans) (Forcible Rape; Triple Offender)

For the foregoing reasons, the conviction and sentence of Henry F. Everidge is reversed and the case is remanded to the district court for new trial.

REVERSED; REMANDED.

LEMMON, J. - not on panel. Rule IV, Part 2, 3.

BY KNOLL, J. :

97-CA- 0055 CHRISTINA AND JOSEPH P. WILLIAMS, ET AL v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS, ET AL (Parish of Jefferson)

For the foregoing reasons, the judgment of the trial court which declared La.R.S. 40:1299.39 unconstitutional is reversed and set aside. This matter is remanded to the trial court to render judgment in accordance with our reasoning herein and to allow the parties an opportunity to appeal the damage award to the appellate court should they so choose.

REVERSED AND REMANDED.

MARCUS, J. - not on panel. Rule IV, Part 2, 3.

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

PER CURIAM:

96-CC- 1982 TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, INC. v. COMMISSION ON ETHICS FOR PUBLIC EMPLOYEES

(Ethics Commission for Public Employees)

Accordingly, we vacate the judgment of the court of appeal, which lacked supervisory jurisdiction to review the advisory opinion of the Commission on Ethics for Public Employees.

KIMBALL, J. - not on panel. Rule IV, Part 2, 3.

KNOLL, J. - dissents and assigns reasons.