FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 030

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 8th day of April, 1997 , are as follows:
 

By CALOGERO, C.J.:

96-C-1084 STEVEN GUILLORY v. INSURANCE COMPANY OF NORTH AMERICA, ET AL. (Parish of Acadia)

For the foregoing reasons, the judgment of the court of appeal is reversed and that of the district court reinstated.

JUDGMENT OF THE COURT OF APPEAL REVERSED; DISTRICT COURT JUDGMENT REINSTATED.

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

LEMMON, J. - subscribes to the opinion and assigns additional reasons.

JOHNSON, J. - dissents and assigns reasons.

WATSON, J. - dissents and will assign reasons.
 

By MARCUS, J.:

96-C-1662 MERRIL J. DAIGLE v. MICHAEL J. AUTHEMENT, NATIONAL AUTOMOTIVE INSURANCE COMPANY AND LOUISIANA INDEMNITY INSURANCE COMPANY (Parish of Terrebonne)

For the reasons assigned, the decision of the court of appeal is affirmed. All costs are assessed against Merril Daigle.

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

96-CA-1978 SAFETY NET FOR ABUSED PERSONS v. HONORABLE ROBERT L. SEGURA, ET AL (Parish of Iberia)

For the reasons assigned, the judgment of the court of appeal declaring La. R.S. 13:1906 unconstitutional and vacating the writ of mandamus issued by the trial court is affirmed.

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

KIMBALL, J. - dissents in part and assigns reasons.

JOHNSON, J. - dissents.
 

BY LEMMON, J:

96-C-1968 DEBORAH FLEMING VS. HCA HEALTH SERVICES OF LOUISIANA, INC. D/B/A/ CYPRESS HOSPITAL C/W SAUNDRA FLEMING AND SHARON FLEMING vs.. HCA HEALTH SERVICES OF LOUISIANA, INC. D/B/A CYPRESS HOSPITAL (Parish of Lafayette)

For these reasons, we reverse the judgment of the court of appeal, and we reinstate the judgment of the trial court in favor of Cypress dismissing plaintiffs' claims.

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

JOHNSON, J. - dissents and assigns reasons.
 

BY KIMBALL, J.

96-CC-0125 MALCOLM LEE WASCOM, JR. v. LUCY F. WASCOM (Parish of Washington)

AFFIRMED IN PART; REVERSED IN PART.

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

LEMMON, J. - concurs and assigns reasons.

96-O-2222 IN RE: JUDGE FRANK A. MARULLO, JR.

ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA

The recommendation of the Judiciary Commission of Louisiana is hereby rejected; no official discipline imposed.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

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

VICTORY, J. - dissents and assigns reasons.
 

BY VICTORY, J.:

96 -C- 1796 C/W 96-C-1820 STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT V. ALFRED SCRAMUZZA, ET AL (Parish of St. Charles)

For the reasons stated herein, the judgment of the court of appeal is reversed in part and affirmed in part. The Judgment of the court of appeal is reversed insofar as it allows any recovery to the landowners for the value of the land encompassing the dedicated streets. In all other respects, the judgment of the court of appeal is affirmed.

REVERSED IN PART; AFFIRMED IN PART.

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

LEMMON, J. - dissents and assigns reasons

JOHNSON, J. - dissents.
 

BY KNOLL, J.:

96-KA-1340 STATE OF LOUISIANA V. ROBERT J. SAIZAN (Parish of East Baton Rouge) (Operating a Vehicle While Intoxicated and Careless Driving)

For the foregoing reasons, the judgment of the district court which declared that nolle prosequi provision of Section 11.01 of the Plan of Government unconstitutional is reversed and set aside. This matter is remanded to the City Court for further proceedings consistent with the views expressed herein.

REVERSED AND REMANDED.

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