Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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1999 News Releases

News Release #044

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 044

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 18th day of May, 1999 , are as follows:

BY CALOGERO, C.J. :

98-C - 1920 THOMAS A. LOTT v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF THE LOUISIANA STATE POLICE   (State Police Commission)

Thus, insofar as the court of appeal held that the State Police Commission's failure to seat a quorum at that hearing resulted in a denial of Lott's due process rights, it erred. We therefore reverse that decision and remand the matter to the court of appeal for further consideration of the remainder of Lott's arguments.

REVERSED. REMANDED TO THE COURT OF APPEAL.

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


BY MARCUS, J. :

98-C - 2691 GEORGE G. LACOUR v. HILTI CORPORATION

(Office of Workers' Compensation District # 6)

For the reasons assigned, the judgment of the court of appeal in favor of Hilti, Inc. and against George G. LaCour granting the exception of prescription is reversed. The case is remanded to the trial court for further proceedings. All costs are assessed against Hilti, Inc.

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


BY LEMMON, J. :

98-C - 2564 AL JOHNSON CONSTRUCTION and LIGA v. DONALD PITRE

(Office of Workers' Compensation District # 2)

For these reasons, the judgments of the lower courts are reversed insofar as they recognize an offset in favor of the employer, and the employer's action for recognition of the right to an offset is dismissed.

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

MARCUS, J. - dissents and assigns reasons.

TRAYLOR, J. - dissents for reasons assigned by Marcus, J.

BY KIMBALL, J. :

98-CA- 2510 LILLIE JACOBS v. CITY OF BUNKIE AND/OR TOWN OF BUNKIE (Parish of Avoyelles)

For the foregoing reasons we affirm the trial court judgment in favor of Mrs. Lillie Jacobs against the City of Bunkie.

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


BY JOHNSON, J. :

98-C - 1601 C/W 98-C-1609 FRED PETERSON v. GIBRALTAR SAVINGS AND LOAN, CLUB WEST, INC., THE GALLERIA INVESTMENT CORPORATION, D/B/A GALLERIA ONE AND/OR THE GALLERIA, ET AL (Parish of Jefferson)

We find that the court of appeal erred in ignoring the manifest error standard of review and substituting its own conclusions for that of the jury; therefore, we reverse the court of appeal's judgment in favor of plaintiff and reinstate the jury's verdict in favor of defendants.

REVERSED; TRIAL COURT JUDGMENT REINSTATED.

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

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

KIMBALL, J. - dissents for the reasons assigned by Calogero, C.J.

KNOLL, J. - dissents for reasons assigned by Calogero, C.J.


98-C - 2408 RAYMOND CHRISTOFFER v. DEPARTMENT OF FIRE (Parish of Orleans)

Therefore, we reverse the Court of Appeal's judgment and reinstate the Civil Service Commission's decision on the issue of Christoffer's entitlement to an award for increased tax liability. We affirm the Court of Appeal's judgment in all other respects.

REVERSED IN PART and AFFIRMED IN PART.

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



98-CC- 2865 WILLIAM TAYLOR AND GEORGETTE TAYLOR v. W. DAVID ROWELL, BENNIE L. MATTHEWS, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND AUDUBON INSURANCE GROUP (Parish of East Baton Rouge)

For the aforementioned reasons, the judgment of the court of appeal is reversed and the case is remanded to the trial court for further proceedings consistent with the views herein expressed.

REVERSED AND REMANDED.

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

KNOLL, J. - dissents and assigns reasons.



PER CURIAM:

98-KA- 2442 STATE OF LOUISIANA v. JOSEPH DAVIS FERRIS (Parish of Evangeline)

Because the trial court erred in failing to admit evidence clearly relevant to the instant inquiry, the trial court's judgment is set aside, the case is remanded to the trial court, and the trial court is ordered to hold an evidentiary hearing and admit all evidence which is relevant as to whether La. Rev. Stat. 14:98.1 arbitrarily, capriciously, or unreasonably discriminates against persons under twenty-one years of age.

VACATED; REMANDED.

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

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