FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 011

FROM: CLERK OF THE SUPREME COURT OF LOUISIANA

 

On the 8th day of February, 2002 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

 

WRIT APPLICATION(S) DENIED :

2002-CC- 0383 ANNETTE TOSTON, AS CURATRIX OF SYVELLA TOSTON, AND TYRA TOSTON v. JAMES D. PARDON, ET AL. (Parish of East Carroll)

 

2002-KD- 0404 STATE EX REL LESLIE DALE MARTIN v. BURL CAIN, WARDEN (Parish of Calcasieu)

JOHNSON, J., would grant the stay and the writ.

 

2002-CC- 0412 TERI DYER, JOHNNY DYER AND PREMIER DENTAL ARTS LABORATORY, INC., D/B/A MOBILE DENTAL LAB v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HEALTH AND HOSPITALS, THROUGH ITS AGENCY, THE LOUISIANA STATE BOARD OF DENTISTRY, DR. DENNIS DONALD, DR. VANCE WASCOM, DR. CONRAD MCVEA, AND BARRY OGDEN (Parish of Orleans)

JOHNSON, J., dissents and would grant the stay and place on list for consideration of the merits.

TRAYLOR, J., dissents and would grant.

KNOLL, J., dissents and would grant the stay and writ for the reasons assigned by Gorbaty, J. in the Court of Appeal.


On the 13th day of February, 2002 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

 

WRIT APPLICATION(S) GRANTED WITH ORDER :

2002-CC- 0451 ANNETTE TOSTON, AS CURATRIX OF SYVELLA TOSTON, AND TYRA TOSTON v. JAMES D. PARDON, ET AL. (Parish of East Carroll)

CALOGERO, C.J., dissents from the court's action. I would prefer to stay the trial, and grant and docket to review the legal issue herein; otherwise, I would deny the writ application for the reasons expressed by Justice Kimball. Furthermore, it is a poor practice to decide issues of this sort in such a hurried fashion without benefit of briefing and argument from the lawyers on both sides. Writ denials form no precedent for further cases. Unfortunately, writ grants with order and/or with reasons do have precedential effect, and guide trial judges and trial attorneys in future matters.

KIMBALL, J., I would deny the writ because there is neither legislation nor custom in this state that prevents a jury from being informed of the cap on damages contained in La. R.S. 13:5106(B)(1). The legislature has not seen fit to create a law in this matter, and it is not within our province to do so precipitously through a court order.

JOHNSON, J., would deny the application.



On the 15th day of February, 2002 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

APPLICATION(S) FOR PERMISSION TO TAKE THE BAR EXAM GRANTED WITH ORDER :

2002-OB- 0484 IN RE: JERRY LAMAR SETTLE

 

2002-OB- 0491 IN RE: LEON A. MARYLAND

 

APPLICATION FOR PERMISSION TO TAKE BAR EXAM DENIED :

2002-OB- 0518 IN RE: NATHALIE ROYOT



On the 18th day of February, 2002 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

 

WRIT APPLICATION(S) DENIED :

2002-KK- 0382 STATE OF LOUISIANA v. STERLING ADAMS (Parish of Orleans)

TRAYLOR, J., would grant the stay and grant this writ application.