FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 82

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 16th day of October, 2001 , are as follows:

BY CALOGERO, C.J. :

2001-C- 0145 JIMMY SHAY RICHARD v. MIKE HOOKS, INC . C/W JIMMY SHAY RICHARD v. MIKE HOOKS, INC. C/W JIMMY SHAY RICHARD v. BUCYRUS-ERIE COMPANY, INC. ET AL. (Parish of Calcasieu)

For the foregoing reasons, we reverse the finding by the trial court and court of appeal that plaintiff is a seaman entitled to Jones Act benefits, and dismiss this claim with prejudice.

REVERSED; The Jones Act claim is dismissed with prejudice.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

JOHNSON, J., concurs in the result.

 

2001-C- 0603 DR. RODERICK P. PERRON, M.D., CORONER v. EVANGELINE PARISH POLICE JURY, ET AL. (Parish of Evangeline)

For the reasons assigned above, we reverse the court of appeal's findings regarding plaintiff's entitlement to attorney fee expenses under La. Rev. Stat. 33:1556(B)(1). We remand the case to the district court and order that court to determine a reasonable amount representing the attorney fee expenses plaintiff incurred by prosecuting this mandamus action, including those expenses incurred on appeal.

REVERSED AND REMANDED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

VICTORY, J., dissents and assigns reasons.

BY KIMBALL, J. :

2001-C- 0185 METRO RIVERBOAT ASSOCIATES, INC. v. THE LOUISIANA GAMING CONTROL BOARD (Parish of E. Baton Rouge)

For the foregoing reasons, we affirm that portion of the court of appeal's judgment vacating the judgment of the district court and dismissing the appeal, and vacate the remaining portion of the court of appeal's judgment.

AFFIRMED IN PART and VACATED IN PART.

Retired Justice Harry T. Lemmon, assigned as Justice ad hoc, participated in the decision in this case.

VICTORY, J., concurs.

LEMMON, J., concurs and will assign reasons.

2001-KA- 0871 STATE OF LOUISIANA v. DWAYNE FLEURY (Parish of Orleans) (Theft of Goods by Misrepresentation)

The judgment of the district court is reversed. The case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

BY VICTORY, J. :

2000-CC- 2799 JOHN ANDERSON AND EVA WASHINGTON ANDERSON v. AVONDALE INDUSTRIES, INC . (Parish of Orleans)

For the reasons expressed herein, the judgment of the court of appeal is reversed and defendants T&N, PLC, and Benjamin Foster Division of AmChem Products' exception of no cause of action is granted.

REVERSED.

Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.

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

JOHNSON, J., concurs.

 

2001-C- 0209 ELENA LEDO BENNETT AND MICAH KEITH BENNETT v. DR. ROBERT KRUPKIN AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY (Parish of E. Baton Rouge)

For the foregoing reasons, the judgment of the court of appeal is reversed and the matter is remanded to the court of appeal to consider the merits of Board's appeal of the judgment granting Dr. Krupkin's exception of prematurity.

REVERSED AND REMANDED.

Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.

KNOLL, J., concurs and assigns reasons.

BY TRAYLOR, J. :

2001-C- 0149 BELLE PASS TERMINAL, INC. AND HAROLD J. CALLAIS v. JOLIN, INC. AND JOSEPH E. BLANCHARD, JR. C/W JOLIN, INC. v. BELLE PASS TERMINAL, INC., RICHARD P. GUIDRY, INDIVIDUALLY, ELMO J. PITRE, JR., INDIVIDUALLY AND HAROLD J. CALLAIS, INDIVIDUALLY (Parish of Lafourche)

For the reasons assigned, the judgment of the lower courts are reversed. The matter is remanded to the trial court for further proceedings.

REVERSED.

Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.

 

2001-C- 1967 MAGDA SOBHY AHMED AMIN v. ABDELRAHMAN SAYED BAKHATY (Parish of E. Baton Rouge)

Accordingly, we affirm the First Circuit Court of Appeal judgment denying Dr. Bakhaty's exceptions to subject matter and personal jurisdiction. The case is remanded to the trial court for further proceedings consistent with this opinion.

AFFIRMED AND REMANDED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

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

VICTORY, J., concurs and assigns reasons.

BY KNOLL, J. :

2001-C- 0587 J. ELISE SHELTON v. STANDARD/700 ASSOCIATES, A LOUISIANA JOINT VENTURE STANDARD/700 ASSOCIATES, INC., SMITH, BRIGHT & STANDARD, L.L.C. AND BAKER GROUP ASSOCIATES, INC. (Parish of Orleans)

In conclusion, we find plaintiff's conjectural allegations of fraud are too speculative. Plaintiff has failed to produce factual support sufficient to establish that she would be able to satisfy her evidentiary burden of proof at trial. Summary judgment was properly granted in defendants' favor. Accordingly, the judgment of the court of appeal is affirmed.

AFFIRMED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

JOHNSON, J., dissents and assigns reasons .

BY LOBRANO, J. :

1999-KA- 2615 STATE OF LOUISIANA v. JIMMIE C. DUNCAN (Parish of Ouachita)

(First Degree Murder)

For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or(2) that Court denies his petition for certiorari; and either, (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that court denies his petition for rehearing, the trial judge shall, upon received notice from this Court under La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts.

AFFIRMED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

 

2000-C- 3170 NELSON NADINE WILLIAMS v. JACKSON PARISH HOSPITAL (Parish of Jackson)

For the above and foregoing reasons, we reverse the court of appeal and remand to the district court for further proceedings.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon. Retired Judge Philip Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.

VICTORY, J., dissents and assigns reasons .

TRAYLOR, J., dissents for reasons assigned by Knoll and Victory.

KNOLL, J., dissents and assigns reasons.

 

2001-C- 0495 JODI KELLEY WILLIAMS v. DONALD WATSON, SWIFTY CAR RENTAL & LEASING, NORTHFIELD INSURANCE COMPANY, AND STATE FARM INSURANCE COMPANY, AND ABC INSURANCE COMPANY (Parish of Orleans)

For the foregoing reasons, the judgment of the court of appeal is reversed and judgment on the issue of coverage is entered in favor of defendant, Allstate Insurance Company.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

JOHNSON, J., dissents and assigns reasons .

PER CURIAM :

2000-OC- 3207 SHELL PIPELINE CORPORATION v. JOHN N. KENNEDY, SECRETARY OF THE DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA (Parish of E. Baton Rouge)

For the reasons assigned, the order of the court of appeal dismissing the suspensive appeal of John N. Kennedy, Secretary of the Department of Revenue and Taxation, State of Louisiana, is vacated and set aside. The appeal is reinstated, and the case is remanded to the court of appeal for further proceedings.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

 

2001-C- 0299 GLADYS MARIE HUNTER, ET VIR. v. WAL-MART SUPERCENTER OF NATCHITOCHES (Parish of Natchitoches)

For the reasons assigned, the judgment of the court of appeal affirming the district court's judgment is vacated. The district court's grant of JNOV in favor of plaintiffs is vacated and the jury's verdict is hereby reinstated.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

KNOLL, J., dissents and assigns reasons .