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 #005

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 005

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 20th day of January, 1999 , are as follows:

BY CALOGERO, C.J.:

97-C - 2305 CHARLENE ARCEMENT BLANCHARD v. WAYNE P. BLANCHARD (Parish of Jefferson)

Accordingly, the judgment of the court of appeal is affirmed, and the case is remanded to the district court for further proceedings with the views expressed herein.

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

MARCUS, J. - dissents and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

VICTORY, J. - dissents.

BY MARCUS:

98-C - 1487 ARCO OIL & GAS COMPANY, A DIVISION OF ATLANTIC RICHFIELD COMPANY v. WILLIAM DESHAZER (Parish of Lafayette)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it held that DeShazer was entitled to $25,000 in mental anguish damages pursuant to La. Code Civ. P. 3608. The judgment is amended to assess costs equally between ARCO and DeShazer. ARCO's assignment of error in its original application to this court regarding the award of damages for loss of income is denied.

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

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

BY LEMMON, J. :

97-C - 3103 JOSEPH VENDETTO v. SONAT OFFSHORE DRILLING CO. (Parish of St. Mary)

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

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

JOHNSON, J. - dissents.

BY KIMBALL, J.:

98-CA- 0881 ENTERGY GULF STATES v. LOUISIANA PUBLIC SERVICE COMMISSION, ET AL (Parish of East Baton Rouge)

For the reasons set forth, the district court judgment affirming part and reversing part of Commission Order U-19904-D, which found Gulf States to have been imprudent and which required Gulf States to refund to its ratepayers $34.2 million, is affirmed in part and reversed in part. That portion of the district court ruling ordering Gulf States to refund $8.795 million in a one-time credit to consumer bills is hereby affirmed. The portion of the trial Judge's ruling in which he reversed the Commissioner's finding of imprudence with regard to the outages and outage extensions at River Bend, is hereby reversed and set aside. Finally, the portion of the trial court ruling reversing the Commission's disallowance of $1.459 million based upon its finding of imprudence with respect to Gulf State's failure to uprate-River Bend is also reversed and set aside. Accordingly, in all other respects the ruling of the trial court is affirmed.

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

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

BY JOHNSON, J.:

96-CA- 2896 SIDNEY A. BRINKER, ET AL v. JUNCTION CITY WOOD COMPANY, INC. (Parish of Claiborne)

For the foregoing reasons, we vacate the trial court's declaration that La. Rev. Stat. Ann. Sec. 3:4278.2 is unconstitutional, and remand the case to the Court of Appeal for consideration of the other assignments of error.

VACATED IN PART AND REMANDED.

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

BY TRAYLOR, J. :

98-C - 0942 CRAIG DUCOTE, ET AL v. KOCH PIPELINE CO., L.P., ET AL (Parish of Avoyelles)

Because this court finds the pollution exclusion facially unambiguous, the decision of the trial court and the Third Circuit Court of Appeal is reversed and summary judgment is granted in favor of Commercial Union Insurance Company and First Financial Indemnity Company. REVERSED.

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

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

KIMBALL, J. - dissents and assigns reasons.

JOHNSON, J. - dissents.

BY KNOLL, J. :

98-CA- 2274 STATE OF LOUISIANA, IN THE INTEREST OF T.L.R. MINOR CHILD OF T.R. v. R.W.T . (Parish of Caddo)

For the reasons discussed above, the judgment of the juvenile court is vacated and set aside. This case is remanded to the juvenile court to consider the sole issue of support on an expedited basis with preference and priority.

JUDGMENT VACATED; REMANDED TO JUVENILE COURT FOR EXPEDITIOUS TREATMENT.

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

PER CURIAM:

98-KK- 0188 STATE OF LOUISIANA v. RAYMOND SCARDINO AND ARISTIDE LANDRY (Parish of Orleans)

JUDGMENT VACATED; CASE REMANDED.

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

LEMMON, J. - dissents and assigns reasons.



98-C - 1263 WASHINGTON G. B. BRYAN v. THE CITY OF NEW ORLEANS, ET AL. (Parish of Orleans)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it awards an additional $86,900 for psychiatric expenses, and the trial court's lump sum award of damages of $90,000 is reinstated. In all other respects, the writ is recalled and denied. All costs in this court are assessed against plaintiff.

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

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

LEMMON, J. - concurs for the reasons assigned by Justice Victory.

JOHNSON, J. - dissents and assigns reasons.

VICTORY, J. - concurs and assigns reasons.

TRAYLOR, J. - concurs for reasons assigned by Justice Victory.

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