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 2009 News Releases

News Release #003

*CORRECTED 01/21/09

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 003

FROM: CLERK OF THE SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 21st day of January, 2009, are as follows:

 

BY KIMBALL, C.J.:

2008-C -0978  SALEDAD TRANCHANT, WIFE OF/AND CHARLES TRANCHANT v. STATE OF LOUISIANA, LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER D/B/A MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS-UNIVERSITY CAMPUS; THOMAS B. FERGUSON, M.D.; WATTS WEBB, M.D. AND CHRISTY ZOLFOGHARY, M.D. (Parish of Orleans)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

For the foregoing reasons, the judgment of the court of appeal is reversed.  The judgment of the district court dismissing plaintiffs’ suit without prejudice is reinstated.
REVERSED. SUIT DISMISSED WITHOUT PREJUDICE.

 

JOHNSON, J., dissents.

CALOGERO, J., dissents and assigns reasons.

 

BY JOHNSON, J.:

2008-C -0946  WOMEN'S AND CHILDREN'S HOSPITAL v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS (Parish of E. Baton Rouge)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

For the above reasons, we affirm the decision of the court of appeal. We hold that the 1994 Rule must be applied in this case, and, under the 1994 Rule, WCH is entitled to reimbursement equal to the “transitional rate” of its actual costs plus 25% of the difference between its actual costs and the peer group rate.
AFFIRMED.

 

 

2008-O -2397  IN RE: JUDGE DONALD R. JOHNSON 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

For the reasons stated herein, it is ordered that Judge Donald R. Johnson of the 19th Judicial District Court for the Parish of East Baton Rouge, State of Louisiana, be publicly censured.  It is further ordered that Judge Johnson be ordered to reimburse and pay to the Commission the amount of $5,801.89 in hard costs incurred in the investigation and prosecution of his case pursuant to Supreme Court Rule XXIII, Section 22.

 

VICTORY, J., dissents and assigns reasons.

 

 

BY TRAYLOR, J.:

 

2008-C-0762 C/W 2008-C-0770  BELINDA FORBES, INDIVIDUALLY AND AS THE NATURAL TUTRIX AND ADMINISTRATRIX OF THE ESTATE OF HER MINOR CHILD, JOSHUA FORBES v. RODNEY COCKERHAM, STATE OF LOUISIANA, WAYNE SONNIER, PATTERSON INSURANCE COMPANY, EAST BATON ROUGE CITY-PARISH GOVERNMENT AND DIXIE ELECTRIC MEMBERSHIP CORPORATION C/W GEORGE FORBES, INDIVIDUALLY AND AS PARENT AND ADMINISTRATOR OF HIS MINOR CHILD, JOSHUA FORBES v. WADE SONNIER, RODNEY COCKERHAM, STATE OF LOUISIANA, PATTERSON INSURANCE COMPANY, EAST BATON ROUGE CITY-PARISH GOVERNMENT AND DIXIE ELECTRIC MEMBERSHIP CORPORATION (Parish of E. Baton Rouge)

Calogero, Chief Justice, retired, participated in this decision, which was argued prior to his retirement.

Based on the foregoing, we find the trial court’s JNOV supported by the evidence in this case and conclude that reasonable persons could not reach a different result.  Consequently, the court of appeal erred in reversing the trial court’s judgment which granted the DOTD’s motion for JNOV and, alternatively, new trial.  So finding, we reinstate the trial court’s judgment granting the motion for JNOV in favor of DOTD, finding Mr. Cockerham 100% at fault in causing this accident and Joshua Forbes’ injuries.
REVERSED.

JOHNSON, J., dissents and would reinstate the jury verdict.

CALOGERO, J., concurs in part, dissents in part and assigns reasons.

 

 

2008-C -1073  KENNETH JOHN CANNON, JR. v. LENARD BERTRAND, ET AL. (Parish of St. Landry)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

For the reasons given, we reverse and render judgment.
REVERSED AND RENDERED

 

 

BY WEIMER, J.:

2008-K -0492  STATE OF LOUISIANA v. WALTER R. COX, SR. (Parish of Calcasieu)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.


For the foregoing reasons, the decision of the court of appeal is reversed.  The jury verdict and sentences are reinstated and the matter is remanded to the court of appeal for consideration of issues pretermitted by the original opinion.
REVERSED; JURY VERDICT AND SENTENCES REINSTATED; REMANDED TO THE COURT OF APPEAL.

 

 

PER CURIAM:

2007-K -2306  STATE OF LOUISIANA v. KAREN MARIE CALLOWAY (Parish of Terrebonne)

Calogero, Chief Justice, retired, participated in the decision which was argued prior to his retirement.

Accordingly, the decision of the court of appeal is reversed, defendant’s conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of defendant’s remaining assignment of error, pretermitted on original appeal, with respect to her claim that her sentence is excessive.
DECISION OF COURT OF APPEAL REVERSED; DEFENDANT’S CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.

JOHNSON, J., dissents and assigns reasons.

CALOGERO, J., dissents and assigns reasons.

 

 

2008-KK-1002  STATE OF LOUISIANA v. BRANDON WHITE (Parish of Orleans)

Calogero, Chief Justice, retired, participated in the decision which was argued prior to his retirement.

 

Accordingly, the Fourth Circuit’s order is vacated, the trial court’s judgment denying the motion to suppress is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein.
COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED; CASE REMANDED.

JOHNSON, J., dissents.

 

 

2008-B -2293  IN RE: WILLIAM E. LEWIS

(Disciplinary Proceedings)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that William E. Lewis, Louisiana Bar Roll number 8855, be and he hereby is suspended from the practice of law for two years.  It is further ordered that respondent render an accounting to his clients subject of the formal charges and make restitution of any unearned fees.  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 until paid.

JOHNSON, J., dissents in part, and would impose a shorter period of suspension.

 

 

2008-CC-1067  GLYNN R. CYPRIEN v. BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM, ET AL. (Parish of Orleans)

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

For the reasons assigned, the judgment of the district court is reversed.  Summary judgment is granted in favor of the Board of Supervisors for the University of Louisiana System, Nelson J. Schexnayder, Jr., and Elwood Broussard, dismissing the claims of Glynn R. Cyprien with prejudice.  All costs in this matter are assessed against plaintiff.

 

JOHNSON, J., concurs.

 


 

 

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