OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 28th day
of January, 2003, are as follows:
BY CALOGERO, C.J.:
0665 INDUSTRIAL COMPANIES, INC. v. JAMES E. DURBIN ,
BERKLEY R. DURBIN, DURBIN, DURBIN & DURBIN, L.L.C.
AND ALL SOUTH TITLE, INC.
(Parish of Livingston)
In summary, we find that the district court improperly
granted the peremptory exceptions of no cause of action
and no right of action filed by the defendants, and
that the appellate court properly reversed the district
court's judgment granting the exception. Accordingly,
the court of appeal decision reversing the district
court is affirmed on those issues. For the reasons explained
above, Industrial has stated both a cause of action
and a right of action against the defendants. However,
the appellate court erred in granting the exception
of non-joinder of an indispensable party. The judgment
concerning that issue is reversed. The case is remanded
to the district court for further proceedings consistent
with this opinion.
AFFIRMED IN PART;
REVERSED IN PART;
REMANDED TO DISTRICT COURT.
KIMBALL, J., dissents and assigns reasons.
JOHNSON, J., dissents.
KNOLL, J., dissents for reasons assigned by Justice
BY KIMBALL, J.:
2767 JIMMY AND BRENDA BONNETTE, ET AL. v. CONOCO, INC.
, ET AL. (Parish of Calcasieu)
For the foregoing reasons, we reverse those portions
of judgment of the court of appeal that affirm the trial
court's awards of damages for "physical injury and an
increased risk of developing asbestos related cancer,"
"past, present, and future mental anguish," and "punitive
damages." That portion of the judgment of the court
of appeal that affirms the trial court's awards for
"property damage" is affirmed.
AFFIRMED IN PART AND REVERSED IN PART.
Retired Justice Walter F. Marcus, Jr., assigned as Justice
ad hoc, sitting for Associate Justice Jeanette T. Knoll,
JOHNSON, J., concurs in part, dissents in part and assigns
0670 CHARLENE MILLER INDIVIDUALLY AND ON BEHALF OF HER
MINOR CHILDREN v. MATTHEW & SHIRLEY MARTIN,
DEPARTMENT OF SOCIAL SERVICES, STATE OF LOUISIANA AND
METHODIST HOME FOR CHILDREN (Parish of Jefferson)
For this reason, we reverse the court of appeal's judgment
insofar as it grants the Department's motion for summary
judgment on the issue of whether vicarious liability
is applicable to this case.
The judgment of the trial court is reinstated, and the
case is remanded to the trial court for further proceedings
consistent with this opinion.
VICTORY, J., dissents and assigns reasons.
WEIMER, J., dissents for the reasons assigned by Justice
BY JOHNSON, J.:
2089 STATE OF LOUISIANA IN THE INTEREST OF J.M., J.P.M.
AND M.M. (Parish of Iberia)
Therefore, the court of appeal's decision is hereby
reversed, and the trial court's ruling, terminating
the parental rights of S.M., is reinstated.
BY VICTORY, J.:
1661 IN RE: JUDGE PERRELL FUSELIER OAKDALE CITY COURT
(Judiciary Commission of Louisiana)
For the reasons stated herein, it is ordered that Judge
Perrell Fuselier of the City Court of Oakdale, State
of Louisiana, be suspended from judicial office for
one hundred and twenty (120) days without pay. It is
further ordered that Judge Perrell Fuselier be ordered
to reimburse and pay to the Judiciary Commission costs
in the amount of $8,862.42 incurred in the investigation
and prosecution of his case, pursuant to Supreme Court
Rule XXIII, Section 22.
KIMBALL, J., dissents and would impose greater discipline.
JOHNSON, J., dissents and assigns reasons.
WEIMER, J., concurs in part and dissents in part and
BY KNOLL, J.:
1071 MICHAEL SMITH v. SOUTHERN HOLDING, INC., ET
AL. (Office Of
Workers' Compensation District 8)
For the above and foregoing reasons, the judgments of
the OWC and the court of appeal are affirmed.
CALOGERO, C.J., concurs and assigns reasons.
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents and assigns reasons.
WEIMER, J., dissents and will assign reasons.
2298 STATE OF LOUISIANA v. TERRANCE BEDFORD (Parish
of St. Tammany)
(Distribution of Cocaine)
We therefore vacate the defendant's conviction and sentence
for violation of R.S. 40:981.3, and enter a judgment
of conviction of distribution of cocaine in violation
of La.R.S. 40:967(A)(1). See La. C.Cr.P. art. 821(E)
(reviewing court may modify verdict and render judgment
of conviction on lesser included responsive offense).
This case is remanded to the district court for resentencing.
DECISION OF THE COURT OF APPEAL REVERSED; DEFENDANT'S
CONVICTION REDUCED TO DISTRIBUTION OF COCAINE IN VIOLATION
OF La. R.S. 40:966(A)(1) AND HIS SENTENCE VACATED; THIS
CASE IS REMANDED TO THE DISTRICT COURT FOR RESENTENCING.
VICTORY, J., dissents with reasons.
TRAYLOR, J., dissents.
3193 STATE OF LOUISIANA v. JESSIE HAYES (Parish
(Theft of Various Items Over $500.00)
Calcasieu Parish is therefore the appropriate venue
for the state in which to prosecute this particular
crime against the property interests of its citizens.
DECISION OF THE THIRD CIRCUIT REVERSED; RULING OF THE
DENYING THE MOTION TO QUASH REINSTATED; CASE REMANDED
TRIAL COURT FOR FURTHER PROCEEDINGS.
WEIMER, J., dissents and assigns reasons.
1899 IN RE: GREER E. GOFF
Upon review of the findings and recommendations of the
hearing committee and disciplinary board, and considering
the record, it is ordered that Greer E. Goff be suspended
practice of law for a period of nine months. It is further
ordered that six months of this suspension shall be
All costs and expenses in the matter are assessed against
respondent in accordance with Supreme Court Rule XIX,
§10 .1, with legal interest to commence thirty
days from the date of finality of this court's judgment