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 1998 News Releases

News Release #063

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 063

FROM: CLERK OF SUPREME COURT OF LOUISIANA



The opinions handed down on the 8th day of July, 1998 , are as follows:

BY MARCUS, J. :

97-C - 3188 ROBERT ANDREW BOURGEOIS, ET AL v. A.P. GREEN INDUSTRIES, INC., ET AL (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. The case is remanded to the district court to permit plaintiffs the opportunity to amend their petition within thirty (30) days from the finality of this judgment to state a cause of action in accordance with this opinion. If plaintiffs fail to comply with this order to amend, the action is dismissed.

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

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

LEMMON, J. - concurs and assigns reasons.


97-C - 3213 DAVID MARX v. WHITNEY NATIONAL BANK (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. Plaintiffs' motion for summary judgment is denied. The case is remanded to the district court for further proceedings.

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


98-O - 0446 IN RE: JUDGE SHARON K. HUNTER

(Judiciary Commission of Louisiana)

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

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

VICTORY, J. - dissents and assigns reasons. [Ed. Note: added 8/20/98]


BY LEMMON, J. :

97-CC- 1443 J. RAY THOMAS v. SISTER OF CHARITY OF THE INCARNATE WORD SHREVEPORT, LOUISIANA D/B/A SCHUMPERT MEDICAL CENTER AND XYZ INSURANCE COMPANY (Parish of Caddo)

For these reasons, the judgments of the lower courts overruling the exceptions of prescription and no right of action are reversed. The exception of prescription is maintained as to the filiation action, and the exception of no right of action is maintained as to the damages action. Accordingly, the supplemental petition is dismissed with prejudice.

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

JOHNSON, J. - dissents.



97-CC- 1997 GEORGE UNDERWOOD, JR. AND DESSIE UNDERWOOD v. LANE MEMORIAL HOSPITAL, ET AL (Parish of East Feliciana)

The judgment of the district court sustaining the exception of improper venue and dismissing Lane Memorial from the action is reversed, the exception is overruled, and the case is remanded for further proceedings.

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

KIMBALL, J. - concurs, agreeing with the result.

TRAYLOR, J. - concurs, agreeing with the result.



BY KIMBALL, J. :


97-C - 0871 TIMOTHY CONERLY, ET AL v. STATE OF LOUISIANA, ET AL (Parish of Ouachita)

We therefore hold that when there is an act of malpractice causing the death of a patient, and plaintiffs bring survival action and wrongful death claims, La. R.S. 40:1299.39 provides there is but one $500,000 cap applicable to all claims. The court of appeal's holding that the cap applicable to the survival claim is separate from the parents' wrongful death claims is reversed, and the trial court's judgment capping plaintiffs' recoverable damages at $500,000 is reinstated.

REVERSED AND RENDERED.

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

LEMMON, J. - concurs and assigns reasons.



98-CA- 0611 - SENATOR CLEO FIELDS, ET AL v. STATE OF LOUISIANA, THROUGH DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND RICHARD L. STALDER, SECRETARY OF LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS (Parish of East Baton Rouge)

The judgment of the trial court is reversed. The case is remanded to the trial court for consideration of plaintiffs' remaining arguments previously pretermitted below. In order to avoid piecemeal litigation, the trial judge is instructed to rule on all constitutional claims before him at that time.

REVERSED AND REMANDED.

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

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

JOHNSON, J. - dissents and will assign reasons.



BY JOHNSON, J. :


97-KA- 1360 STATE OF LOUISIANA v. RONALD JAMES LETULIER (Parish of St. Martin) (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. Rev. Stat. 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, the defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing.

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



BY TRAYLOR, J. :

97-C - 2434 JOHN DOE AND MARY DOE, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILD, M.C. DOE v. JOHN PARAUKA, FATHER JOSEPH CHOTIN, OUR LADY OF THE LAKE PARISH, THE ROMAN CATHOLIC CHURCH, PHILLIP M. HANNAN, ABC INSURANCE COMPANY AND XYZ INSURANCE COMPANY (Parish of Orleans)

For the foregoing reasons, we find that the lower courts erred in granting and affirming the directed verdict in favor of the Archdiocese of New Orleans. Therefore, we reverse.

REVERSED.

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



97-C - 2652 RECREATION AND PARK COMMISSION FOR THE PARISH OF EAST BATON ROUGE v. C & S DEVELOPMENT, INC. (Parish of East Baton Rouge)

For the foregoing reasons, we find that the Recreation and Park Commission for the Parish of East Baton Rouge was not arbitrary and capricious in its selection of the proposed park site. We therefore reverse the decisions of the lower courts and remand to the trial court for determination of the compensation due the defendant. REVERSED, REMANDED.

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


BY KNOLL, J. :

97-CC- 2221 DIANA LEBRETON v. FELIX O. RABITO, M.D., PATRICK C. BREAUX, M.D. AND THOMAS A. KREFFT (Parish of Orleans)

We find that although the plaintiff's claim was suspended from August 19, 1992, until November 12, 1996, her action for wrongful death was clearly prescribed by February 3, 1997. Therefore, we reverse the lower courts' holdings and it is ordered, adjudged and decreed that the wrongful death action of Diana LeBreton against Drs. Felix O. Rabito, Patrick C. Breaux, and Thomas A. Krefft is dismissed with prejudice.

REVERSED AND RENDERED.

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

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

LEMMON, J. - concurs and assigns reasons.



97-KK- 2456 STATE OF LOUISIANA v. SARAH HAVELY EDMONDSON (Parish of Tangipahoa) (Attempted Second Degree Murder)

For the foregoing reasons, the ruling of the First Circuit Court of Appeal, granting defendant's motion to suppress is reversed and set aside. This case is remanded to the Twenty-First Judicial District Court for further proceedings consistent with the views expressed in this opinion.

REVERSED AND REMANDED.

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

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

LEMMON, J. - dissents and assigns reasons.



98-O - 0570 IN RE: JUDGE SHARAH HARRIS FORMERLY KNOWN AS SHARAH MULMORE (Judiciary Commission of Louisiana)

Accordingly, for the reasons stated above, it is ordered that Judge Sharah Harris be, and she is hereby suspended from judicial office without pay for 60-days for violating the Code of Judicial Conduct and the Louisiana Constitution. It is further ordered that Judge Sharah Harris reimburse the Louisiana Judiciary Commission $373.59, representing costs incurred during the investigation and prosecution of this case. Supreme Court Rule 23, Section 22.

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

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