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 1997 News Releases

News Release #076

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 076

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 9th day of September, 1997 , are as follows:
 

BY LEMMON, J. :

97-C - 0188 MELVIN GRAHAM v. WILLIS-KNIGHTON MEDICAL CENTER, ET AL (Parish of Caddo)

For the foregoing reasons, the judgment of the court ofappeal is amended to reduce the award of damages to$140,000, subject to a credit of $100,000, and isotherwise affirmed.

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

CALOGERO, C.J. - dissents and assigns reasons.
  

BY KIMBALL, J. :

96-C - 2897 MONICA STROIK v. WILBUR PONSETI, WARREN WOODFORK, THE CITY OF NEW ORLEANS, AND ROYAL INSURANCE COMPANY (Parishof Orleans)

For these reasons, the decision of the court of appeal affirming the judgment in favor of the plaintiff is reversed.

REVERSED.

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

LEMMON, J. - concurs.
 

BY JOHNSON, J. :

96-C - 2839 KEITH W. MARCEAUX, ET UX v. DENNY WAYNE GIBBS, ET AL(Parish of Acadia)

For the reasons assigned, the appellate court's decisionis affirmed concerning the issue of gross negligence of the sheriff of Acadia Parish. However, their application of comparative fault is reversed with the trial court's assessment of liability amended to include 30% liability on the part of the Town of Iota, and 70% liability on the part of Gibbs.

Reversed in part; Amended in part; Affirmed in part.

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

MARCUS, J. - concurs and assigns reasons.

LEMMON, J. - concurs.
 

BY VICTORY, J. :

96-C - 1110 ROBERT F. MEREDITH, III, JOHN W. CRANCER, HARRY F. HUFFT, L.D. UHLER, C. PAUL HILLIARD, JOE ELSBURY, JR., AND THE LOUISIANA INDEPENDENT OIL AND GAS ASSOCIATION, INC. v. HONORABLE RICHARD P. IEYOUB, IN HIS CAPACITY AS ATTORNEY GENERAL OF THE STATE OF LOUISIANA (Parish of East BatonRouge)

For the foregoing reasons, the judgment of the court ofappeal is affirmed.

AFFIRMED.

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

CALOGERO, C.J. - dissents and assigns reasons.

LEMMON, J. - dissents and assigns reasons.

KIMBALL, J. - concurs in result and assigns reasons.

JOHNSON, J. - dissents.

96-C - 2913 c/w 96-C - 2917 c/w and 96-C - 2929 KENNETH E. FORD, ET AL v. MURPHY OIL, U.S.A., INC., ET AL (Parish of St. Bernard) For the reasons stated herein, the judgment of the court of appeal certifying a class action against Mobil and Murphy is reversed. The judgment of the court of appeal denying certification of a class action against ChemCat and Calciner is affirmed. Plaintiffs' class action petition is dismissed.

REVERSED IN PART; AFFIRMED IN PART.

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

CALOGERO, C.J. - concurs and assigns reasons.

KIMBALL, J. - concurs in the opinion but does not believe it necessary to reach the issue of whether the existence of a novel and untested theory necessarily renders a class action inappropriate.

JOHNSON, J. - dissents and assigns reasons.
 

BY TRAYLOR, J. :

96-CC- 3094 THE STATE OF LOUISIANA, WILLIAM KIMBALL, H.M. KIMBALL,AND ELIZABETH KIMBALL LEWIS, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF THOSE SIMILARLY SITUATED v. SPRINT COMMUNICATIONS COMPANY, L.P. ET AL (Parish of West Baton Rouge)

For the reasons expressed above, the decisions of the First Circuit Court of Appeal and the 18th Judicial District Court are hereby reversed and set aside. It is hereby ordered that the WilTel and Sprint suits proceed before Division "C" of the 18th Judicial District Court for the Parish of West Baton Rouge to which they were originally randomly assigned.

REVERSED.

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

CALOGERO, C.J. - concurs and assigns reasons.

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs in result.

97-C - 0393 DIANE M. WHITE v. WAL-MART STORES, INC. (Parish ofJefferson)

For the foregoing reasons, we reverse the judgments of the trial court and the court of appeal and find for the defendant.

REVERSED AND RENDERED.

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

CALOGERO, C.J. - dissents and assigns reasons.

LEMMON, J. - dissents and will assign reasons.

JOHNSON, J. - dissents.
 

BY KNOLL, J.:

96-C - 0732 HELENA BABIN KENNEDY v. JAMES KENNEDY

C/W 96-C - 0741 ON REHEARING

(Parish of Claiborne)

Accordingly, under Article 562, Mrs. Kennedy is entitled to the proceeds of the prudent management plan proposed by her foresters and approved by the trial court. Thejudgment of the court of appeal, limiting Mrs. Kennedy's timber activities to a selective cutting from the thirty acre stand of younger trees is reversed, and the judgment of the trial court is reinstated.

REVERSED.

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

JOHNSON, J. - dissents and assigns reasons.

96-KA- 1742 CITY OF BATON ROUGE v. LONNIE BLAKELY (Parish of East Baton Rouge)

Accordingly, for the foregoing reasons, the judgment of the city court for the City of Baton Rouge, finding the amendment unconstitutional, is reversed. This case is remanded to the city court for further proceedings consistent with this opinion and the views expressed herein.

REVERSED AND REMANDED.

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

96-C - 3090 SHELIA TODD, INDIVIDUALLY AND ON BEHALF OF HER DECEASED SON, JOSHUA TODD v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF COMMUNITY SERVICES, CODY LABAUVE AND XYZ INSURANCE COMPANY (Parish of Jefferson)

For the foregoing reasons, the judgments of the lower courts are reversed and set aside and the plaintiff's suit against Cody LaBauve and the State of Louisiana Through the Department of Social Services, Office of Community Services, is dismissed with prejudice. REVERSED AND RENDERED.

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

CALOGERO, C.J. - dissents for the reasons expressed by the District Court judge and the Court of Appeal panel.

 

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