September 4, 2002 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #064</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the 4th day of September, 2002, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2002/01c1598.pdf">2001-C- 1598 ALFRED AUSTIN, ET AL. v. ABNEY MILLS, INC. ET AL.&nbsp;</a>(Parish of&nbsp;&nbsp;Webster)&nbsp; For the reasons set forth above, we reverse the lower courts'&nbsp;summary judgment in favor of the employer defendants and remand for further proceedings not inconsistent with our holding in this&nbsp;case.&nbsp; REVERSED AND REMANDED.&nbsp;Judge James C. Gulotta, retired, assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.&nbsp;CALOGERO, C.J., assigns additional reasons.&nbsp; KIMBALL, J., dissents.&nbsp; VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents.&nbsp;&nbsp;<a href="/opinions/2002/01c2875.pdf">2001-C- 2875 TOWER CREDIT, INC. v. TONYA CARPENTER&nbsp;</a>(Parish of Ascension)&nbsp; The judgment of the court of appeal is reversed and that of the district court reinstated.&nbsp; REVERSED, DISTRICT COURT JUDGMENT REINSTATED.&nbsp;KIMBALL, J., dissents for reasons assigned by Traylor, J.&nbsp; VICTORY, J., concurs in the result.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents for reasons assigned by Traylor, J.&nbsp;&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2002/02ca0991.pdf">2002-CA- 0991 NEW ORLEANS CAMPAIGN FOR A LIVING WAGE, JEAN MATTHEWS AND PHILOMENIA JOHNSON v. THE CITY OF NEW ORLEANS, MARC MORIAL, MAYOR, THE COUNCIL OF THE CITY OF NEW ORLEANS AND THE STATE OF LOUISIANA C/W THE SMALL BUSINESS COALITION TO SAVE JOBS, THE LOUISIANA RESTAURANT ASSOCIATION, AND THE BUSINESS COUNCIL OF NEW ORLEANS AND THE RIVER REGION v. THE CITY OF NEW ORLEANS</a> (Parish of Orleans)&nbsp; For the reasons expressed above, the judgment of the district court declaring La. R.S.23:642 unconstitutional is reversed. The district court's judgment declaring valid Ordinance No. 20376, the Increased Minimum Wage Charter Amendment, is reversed. The district court's judgment denying and dismissing with prejudice appellants' request for injunctive relief is reversed. The City's minimum wage law, Chapter 5 of Article IX of the home rule charter, is hereby declared unconstitutional and appellants' request for permanent injunctive relief is granted.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., concurs in the decree but dissents from the majority's reasons; and assigns reasons.&nbsp; JOHNSON, J., dissents and assigns reasons.&nbsp; WEIMER, J., concurs in the result and assigns reasons.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2002/01c2123.pdf">2001-C- 2123 BRADLEY COLE, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILD, LEAH&nbsp; ASHTON COLE AND DENISE COLE, INDIVIDUALLY v. STATE OF LOUISIANA, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a> (Parish&nbsp; of E. Baton Rouge)&nbsp; We find, based on the applicable law and facts of this case, that the lower courts committed no manifest error in finding the injuries Cole sustained were the result of the intentional tort of battery upon him by DPSC workers, as the evidence clearly supports such a finding. However, we conclude that there was no evidence to support the lower courts finding that Cole sustained a serious closed head injury as a result of the battery. Because the court awarded general damages, future medicals and lost wages without delineating a portion for the head injury, we must remand this matter to the appellate court to re-assess the award of damages and exclude the amount apportioned for a closed head injury.&nbsp; AFFIRMED in part REVERSED in part. REMANDED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2002/00ka2085.pdf">2000-KA- 2085 STATE OF LOUISIANA v. CHAD ROY LOUVIERE&nbsp;</a>(Parish of&nbsp;
 Terrebonne)&nbsp; For the foregoing reasons, defendant's conviction for first-degree murder and his sentence of death are affirmed. In the event this judgment becomes final on direct review when either: (1) the 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 the petition for rehearing, the trial judge shall, upon receiving notice from this Court under La.C.Cr.P. art 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with&nbsp; 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. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp; CONVICTION AND SENTENCE AFFIRMED.&nbsp;&nbsp;&nbsp;</div>
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