FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 058

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 29th day of June, 1999 , are as follows:

BY CALOGERO, C.J. :

98-C - 2313 ANN LANG FITZGERALD v. THOMAS C. TUCKER, ET UX (Parish of Lafayette)

JUDGMENT OF COURT OF APPEAL AWARDING PLAINTIFF DAMAGES IS REVERSED; JUDGMENT RENDERED IN FAVOR OF DEFENDANT THOMAS C. TUCKER; SUIT DISMISSED WITH PREJUDICE.

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

98-C - 2326 SARAH DERRICK CRUMP v. SABINE RIVER AUTHORITY (Parish of Sabine)

JUDGMENT OF THE COURT OF APPEAL REVERSED; PLAINTIFF'S SUIT DISMISSED.

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

BY MARCUS, J. :

98-CC- 1602 MICHELLE O'REGAN AND RYAN O'REGAN v. PREFERRED ENTERPRISES, INC. D/B/A NUMBER ONE CLEANERS, ET AL (Parish of Jefferson)

For the foregoing reasons, the judgment of the court of appeal is reversed. Partial summary judgment is hereby rendered in favor of Preferred Enterprises, Inc. dismissing the negligence claims of Michelle and Ryan O'Regan. The matter is remanded to the district court for further proceedings consistent with this opinion. All costs are assessed against the plaintiffs.

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

CALOGERO, C.J. - dissents for reasons assigned by Knoll, J.

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

KIMBALL, J. - dissents for reasons assigned by Knoll, J.

KNOLL, J. - dissents and assigns reasons.

98-C - 3193 TOUFIC NASSIF v. SUNRISE HOMES, INC., COAST QUALITY CONSTRUCTION COMPANY, AND SHIRLEY NASSIF (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it held that Coast Quality Construction Company was not entitled to indemnification for the attorney fees it paid Lowe, Stein, Hoffman, Allweiss and Hauver, L.L.P. The portion of the judgment of the district court ordering J.J. Krebs & Sons, Inc. to indemnify Coast Quality Construction Company for such attorney fees is reinstated. The judgment of the court of appeal is otherwise affirmed. All costs of the proceedings before this court are assessed against J.J. Krebs & Sons, Inc.

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

BY LEMMON, J. :

98-C - 1193 MATTIE CONNELL CASKEY, ET AL v. KELLY OIL COMPANY, ET AL (Parish of Webster)

For these reasons, the judgment of the court of appeal is reversed, and the judgment of the trial court is reinstated.

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

98-C - 2271 TYRONNE C. WILLIAMS v. RUSH MASONRY, INC.

(Office of Workers' Compensation District # 8)

We accordingly reverse the judgments of the lower courts insofar as they awarded penalties and attorney's fees, and plaintiff's demands for penalties and attorney's fees are dismissed.

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

BY KNOLL, J. :

97-KA- 0499 STATE OF LOUISIANA v. DEREK LANDRY (Parish of Orleans)

(First Degree Murder)

Accordingly, we reverse defendant's conviction and sentence and remand this matter to the trial court for a new trial.

REVERSED AND REMANDED FOR NEW TRIAL.

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

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

98-C - 1976 CARLAS ANN SEXTON FOLSE v. DARRYL GERARD FOLSE (Parish of East Baton Rouge)

For the reasons expressed above, we find that the trial court's approach suffers from no infirmities warranting reversal. We find it significant that parental rights were not terminated, but limited. The family court judge did not abuse his discretion in finding the child unavailable to testify in court. Under the circumstances of this case, the relaxed evidentiary standards used to determine custody, as expressed in LA.CODE EVID. art. 1101, are applicable to custody determinations under the PSFVRA. Finally, the trial court used the correct standard in making its determinations.

REVERSED; FAMILY COURT'S JUDGMENT REINSTATED.

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

CALOGERO, C.J. - dissents for reasons assigned by the Court of Appeal.

MARCUS, J. - dissents for reasons assigned by the Court of Appeal.

VICTORY, J. - dissents for reasons assigned by the Court of Appeal.

BY PER CURIAM :

98-CQ- 3080 IN THE MATTER OF: HORACE E. WILSON; ALYNE DALE WILSON; HORACE E. WILSON; ALYNE DALE WILSON v. BRENT BRYAN AND JENNIFER BRYAN BARBER (Certified Question From the United States Court of Appeals for the Fifth Circuit)

Accordingly, we answer the certified question as set forth in this opinion. Pursuant to Supreme Court Rule XII, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Firth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.

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

LEMMON, J. - concurs and assigns reasons.