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1999 News Releases

News Release #015

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 015

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 2nd day of March, 1999 , are as follows:

 

BY MARCUS, J. :

98-KA- 1415 STATE OF LOUISIANA v. MICHAEL Q. CARUSO (Parish of Jefferson) (Fraudulent Intent; Failure to Return Leased Vehicle)

For the reasons assigned, the judgment of the trial court declaring the last sentence of La. R.S. 14:220A unconstitutional and sustaining the motion to quash is reversed. The case is remanded to the trial court for further proceedings according to law and consistent with the views expressed herein.

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

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs.

98-CA- 1737 EXXON PIPELINE COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

C/W

98-CA- 1738 ENTERGY LOUISIANA, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION, ET AL (Parish of East Baton Rouge)

For the reasons assigned, the judgment of the district court affirming PSC Order Nos. U-20698-A and U-20698-B is reversed insofar as it affirmed the PSC's denial of Entergy's exception of prescription and affirmed the PSC's award of a refund to Exxon of $218,460 with interest. The exception of prescription is maintained, pursuant to La. R.S. 45:1198. All claims for overcharges made from 1980 through 1984 are prescribed, including the claim that the lump sum paid in connection with the 1984 contract revisions constituted an overcharge entitling Exxon to a refund. Otherwise, the judgment of the district court is affirmed.

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

BY LEMMON, J. :

97-C - 1224 LAWRENCE AND MARIE TRAHAN v. DR. ROBERT McMANUS AND ST. PAUL FIRE AND MARINE INSURANCE (Parish of Acadia)

The judgment of the trial court is reversed, and plaintiffs' action is dismissed.

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

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

BY KIMBALL, J. :

98-C - 1587 LOUISIANA DEPARTMENT OF AGRICULTURE AND FORESTRY v. HERBERT SUMRALL, DIRECTOR OF CIVIL SERVICE; THE DEPARTMENT OF CIVIL SERVICE; THE STATE CIVIL SERVICE COMMISSION; RICHARD IEYOUB, ATTORNEY GENERAL OF LOUISIANA; EARL KOLB, AND CAROLYN DANCE (Parish of East Baton Rouge)

For the foregoing reasons, we find Commission Rule 13.10 subsection (c) coupled with Rule 14.1, subsections (e),(f), and (1), and subsection (h) coupled with Rule 1.14.1, to the extent that they purported to authorize appeals to the Commission on discrimination claims outside the scope of the Commissioner's limited jurisdiction as herein defined under Article X, Section 8 and 12, are unconstitutional. The judgments of the court of appeal and the trial court are hereby reversed. REVERSED AND RENDERED.

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

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

98-C - 1688 PAULETTA GEDWARD, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILD, KODI SONNIER v. RONNIE SONNIER, ACCEPTANCE INSURANCE COMPANY, GLENN JOLIVETTE AND BOBBY SONNIER (Parish of Lafayette)

The case is remanded to the trial court for further proceedings consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

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

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

JOHNSON, J. - dissents in part and concurs in part.

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

BY VICTORY, J. :

98-C - 1225 LINDA TARVER WRIGHT v. CALDWELL PARISH SCHOOL BOARD (Parish of Caldwell)

For the reasons stated herein, we reverse the judgment of the court of appeal and remand this case to the court of appeal to consider the other issues raised by plaintiff.

REVERSED AND REMANDED.

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

JOHNSON, J. - dissents.

98-C - 1399 C/W 98-C - 1410

YUMA PETROLEUM COMPANY v. THE HONORABLE HERBERT W. THOMPSON, COMMISSIONER OF CONSERVATION AND ASSISTANT SECRETARY OF CONSERVATION OF THE STATE OF LOUISIANA

(Parish of East Baton Rouge)

For the reasons stated herein, the holding of the court of appeal that the Commissioner erred as a matter of law by failing to determine and designate former lease holders as "owners" and remanding the case to the Commissioner to identify former lease holders and allot responsibility for remediation between the former owners is reversed. In all other respects, the decision of the court of appeal is affirmed.

REVERSED IN PART; AFFIRMED IN PART.

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

LEMMON, J. concurs.

BY TRAYLOR, J. :

98-C - 0167 T.D., wife of M.M.M. v. M.M.M. (Parish of St. Bernard)

Accordingly, we remand this matter to the trial court for disposition consistent with the findings herein. REVERSED AND REMANDED.

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

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

KIMBALL, J. - dissents and assigns reasons .

KNOLL, J. - concurs and assigns reasons.

98-C - 1755 DOUGLAS WISNER v. PROFESSIONAL DIVERS OF NEW ORLEANS (Parish of Plaquemines)

We reverse the trial court and court of appeal's finding of summary judgment in favor of PDNO, and hereby remand this case to the trial court for further proceedings consistent with this opinion.

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

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

KNOLL, J. - concurs with reasons.

BY KNOLL, J. :

98-C - 1170 CITY OF NEW ORLEANS AND THE VIEUX CARRE COMMISSION v. BOARD OF DIRECTORS OF THE LOUISIANA STATE MUSEUM, JAMES SEFCIK; TAMMANY CONTRACTING COMPANY; AND THE DEPARTMENT OF CULTURE RECREATION AND TOURISM (Parish of Orleans)

For the foregoing reasons, we vacate and set aside the judgment of the court of appeal in full and reinstate the judgment of the trial court in all respects. COURT OF APPEAL JUDGMENT VACATED; TRIAL COURT JUDGMENT REINSTATED.

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

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs in result.

KNOLL, J. - assigns additional concurring reasons.

98-C - 1712 AMBROSE PETERSON v. ROBERT A. SCHIMEK, M.D. AND LAFAYETTE INSURANCE COMPANY (Parish of Orleans)

For the foregoing reasons, the judgment of the court of appeal granting Peterson's motion for summary judgment and denying Lafayette's motion is affirmed, and the case is remanded to the trial court for further proceedings. JUDGMENT AFFIRMED AND CASE REMANDED.

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

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - dissents.

PER CURIAM :

98-C - 1430 SANDRA BOLTON v. GRANT PARISH SCHOOL BOARD

(Office of Workers' Compensation District # 2)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it awarded Sandra Bolton temporary total disability benefits and recovery of past due unpaid benefits, and her claim for temporary total disability benefits is dismissed. The judgment of the court of appeal is affirmed insofar as it holds the defendant, The Grant Parish School Board, liable for penalties and attorney's fees, but the specific award is set aside, and the case is remanded to the Office of Workers' Compensation to set the amount of supplemental earnings benefits and to award an appropriate amount of penalties and attorney's fees.

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

98-C - 1565 ROBERT HOY v. SLADE GILBERT D/B/A S.G. MASONRY

(Office of Workers' Compensation District #1E)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the Office of Worker's Compensation dismissing the claim of Robert Hoy is reinstated. All costs in this court are assessed against claimant.

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


98-C - 1613 LORI ANN SIMS, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILD, ROBERT SPENCER HEARD v. STATE FARM AUTOMOBILE INSURANCE COMPANY, ET AL (Parish of Claiborne)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it amends the trial court's judgment with respect to allocation of fault. That portion of the trial court's judgment allocating eighty percent of the fault for this accident to plaintiff, Lori Ann Sims, and twenty percent of the fault to defendants, James Kirkpatrick, Roberson Trucking Company, and State Farm Mutual Automobile Insurance Company, is reinstated. All costs in this court are assessed against plaintiff.

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

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

JOHNSON, J. - dissents.

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