FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 102

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 30th day of November, 1999 , are as follows:

BY MARCUS, J. :

99-C - 1222 SHIRLEY POSECAI v. WAL-MART STORES, INC. d/b/a SAM'S WHOLESALE CLUB AND JOE DOE (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. It is ordered that judgment be rendered in favor of Wal-Mart Stores, Inc. d/b/a Sam's Wholesale Club and against Shirley Posecai, dismissing plaintiff's suit at her cost.

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

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs and assigns reasons.

99-C - 2668 AEB v. JBE (Parish of DeSoto)

For the reasons assigned, the judgment of the court of appeal granting domiciliary custody in favor of the mother, AEB, is reversed. The judgment of the trial court granting domiciliary custody in favor of JEB subject to AEB's right to specific visitation is reinstated. All costs of this proceeding are assessed against AEB.

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

BY LEMMON, J. :

98-C - 2085 SARA K. SMITH AND H. DAVID SMITH v. TOYS "R" US, INC., ABC INSURANCE COMPANY, PAULA TAYLOR AND JOHN DOE (Parish of East Baton Rouge)

For the foregoing reasons, the judgment of the court of appeal is reversed, and the judgment of the trial court on liability is reinstated. The case is remanded to the court of appeal to review the quantum of the award of damages.

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

VICTORY, J. - dissents. In my view, the plaintiffs failed to prove their case by a preponderance of the evidence. The photo in evidence shows that anyone in the store could have caused the toy to fall, either contemporaneously with the fall or by improperly touching or moving the toy at an earlier time.

TRAYLOR, J. - dissents and assigns reasons .

BY KIMBALL, J. :

99-CA- 1306 LAIDLAW ENVIRONMENTAL SERVICES, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION C/W ALLWASTE ENVIRONMENTAL SERVICES OF LOUISIANA, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

For the reasons assigned, we hold that Waste Management of Louisiana, L.L.C. has failed to carry its clear preponderance burden of substantial operation for six consective months prior to its application to transfer its Common Carrier Certificate No. 5653-G to meet the requirements of La. R.S. 45:166(B). Accordingly, the judgment of the district court affirming this ruling of the Louisiana Public Service Commission as contained in its Order No. T-22757 is reversed. We decline to address whether Custom Ecology, Inc. has carried its clear preponderance burden of substantial operation for six consecutive months prior to its application to transfer its Contract Carrier Permit No. 1099-G to meet the requirements of La. R.S. 45:166(B) finding this issue is now moot.

REVERSED.

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

BY VICTORY, J. :

99-KO- 0428 STATE OF LOUISIANA v. RICKO C. BALL, aka RICO C. BALL (Parish of Caddo) (Possession of a Firearm by a Convicted Felon)

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

AFFIRMED.

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

LEMMON, J. - concurs.

JOHNSON, J. - concurs.