February 25, 2003 - Opinions - Louisiana Supreme Court

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February 25, 2003 
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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 #015</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&nbsp;25th day of February, 2003, are as follows:&nbsp;&nbsp;BY KIMBALL, J.:&nbsp;<a href="/opinions/2003/02cc1385.opn.pdf">2002-CC- 1385 PAUL BURGUIERES, ET AL. v. DR. O'NEILL POLLINGUE, ET AL&nbsp;</a>.&nbsp;
 (Parish of Orleans)&nbsp; For the above reasons, we find the judgment of the court of appeal is correct insofar as it granted Mrs. Pollingue's exception of res judicata as to those claims arising out of her capacity as executrix. We further find the court of appeal erred in granting the Pollingues' exceition of res judicata as to those claims that do not arise out of Mrs. Pollingue's capacity as executrix. The judgment of the court of appeal is therefore affirmed in part and reversed in part and the case is remanded to the trial court for further proceedings consistent with this opinion. This opinion should not be read to express any opinion whatsoever as to the merits of plaintiffs' second suit discussed herein or as to the propriety of damages sought in that suit.&nbsp; AFFIRMED IN PART, REVERSED IN PART, and REMANDED.&nbsp;&nbsp;<a href="/opinions/2003/02c1634.opn.pdf">2002-C - 1634 RONALD J. BOQUET, SR. v. TETRA TECHNOLOGIES, INC. AND TRAVELERS PROPERTY &amp; CASUALTY CORP.&nbsp;</a>(Office Of Workers' Compensation,&nbsp;District 9)&nbsp; For the reasons expressed above, we reverse the judgment of the court of appeal that the claim for medical benefits has not prescribed. The exception of prescription is sustained and claimant's claim for medical benefits is dismissed.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., concurs and assigns reasons.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:&nbsp;<a href="/opinions/2003/02c0826.opn.pdf">2002-C - 0826 WILLIAM G. CORBELLO, ET AL. v. IOWA PRODUCTION, SHELL OIL COMPANY, SHELL WESTERN E &amp; P, INC., ET AL&nbsp;</a>. (Parish of Calcasieu)&nbsp; Based on the above analysis, the decision of the court of appeal reinstating plaintiffs' claim for exemplary damages is hereby reversed; the breach of contract award for unauthorized disposal of saltwater is reversed and remanded to the court of appeal to determine the correct amount using the lawful rate of prejudgment interest; the court of appeal's decision in all other respects is hereby affirmed.&nbsp;CALOGERO, C.J., concurs.&nbsp; VICTORY, J., dissents in part.&nbsp; TRAYLOR, J., concurs in part and dissents in part.&nbsp; KNOLL, J., dissents in part and assigns reasons, concurs in part with reasons, and concurs in result.&nbsp; WEIMER, J., concurs.&nbsp;&nbsp;&nbsp;BY VICTORY, J.:&nbsp;<a href="/opinions/2003/02c1680.opn.pdf">2002-C - 1680 F. MILLER &amp; SONS, INC. AND LAKE CHARLES HARBOR &amp; TERMINAL DISTRICT v. CALCASIEU PARISH SCHOOL BOARD&nbsp;, RUFUS FRUGE, JR., AS DIRECTOR OF CALCASIEU PARISH SALES &amp; USE TAX DEPARTMENT, ETC.</a> (Parish of Calcasieu)&nbsp; For the reasons stated herein, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;KIMBALL, J., concurs in the result.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:&nbsp;<a href="/opinions/2003/02c1562.opn.pdf">2002-C- 1562 PARISH NATIONAL BANK v. NORMAN D. OTT, III, M.D. AND BEVERLY C. OTT&nbsp;</a>(Parish of St. Bernard)&nbsp; The judgments of the lower courts are reversed in part, as Dr. Ott is liable for the draw requests made in January 1995, after he was well aware of the previous unauthorized draw requests and failed to inform PNB. The matter is remanded to the trial court for entry of judgment in accordance with this opinion. In other respects, the trial court judgment is affirmed.&nbsp;&nbsp;<a href="/opinions/2003/02cc1813.opn.pdf">2002-CC- 1813 MARY ANNA RIVET, MINNA REE WINER, EDMOND G, MIRANNE, AND EDMOND G. MIRANNE, JR. v. REGIONS BANK, WALTER L. BROWN, JR., PERRY S. BROWN, AND FOUNTAINBLEAU STORAGE ASSOCIATES</a> (Parish of Orleans) For the foregoing reasons, the ruling of the court of appeal is reversed and the judgment of the trial court is reinstated. The matter is remanded to the trial court for disposition not inconsistent with this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:&nbsp;<a href="/opinions/2003/01c3341.opn.pdf">2001-C - 3341 LAWRENCE MOORE v. TERRY WARE, CHAIRMAN OF THE WEST MONROE FIRE AND POLICE CIVIL SERVICE BOARD&nbsp;</a>(Parish of Ouachita)&nbsp; For the foregoing reasons, the judgment of the Court of Appeal, Second Circuit, is reversed and set aside. The decisions of the West Monroe Fire and Police Civil Service Board and the district court are reinstated.&nbsp; REVERSED.&nbsp;JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:&nbsp;<a href="/opinions/2003/02c1631.opn.pdf">2002-C - 1631 RONALD JOSEPH AUTHEMENT v. SHAPPERT ENGINEERING AND ST. PAUL FIRE &amp; MARINE INSURANCE COMPANY&nbsp;</a>(Office Of Workers' Compensation District 9)&nbsp; For the foregoing reasons, we find the workers' compensation hearing officer did not abuse his discretion in awarding penalties and attorney fees. We reverse the judgment of the court of appeal and reinstate the judgment of the workers' compensation hearing officer. Defendants are cast with all costs of this proceedings.&nbsp; REVERSED; WORKERS' COMPENSATION JUDGMENT REINSTATED.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents in part and assigns reasons.&nbsp;&nbsp;&nbsp;PER CURIAM:&nbsp;<a href="/opinions/2003/02c1537.pc.pdf">2002-C- 1537 DONALD JOHN SCHULINGKAMP, ET AL. v. OCHSNER CLINIC, ETC., ET AL&nbsp;</a>(Parish of Jefferson)&nbsp; Accordingly, the order granting writs of certiorari is recalled as improvidently granted.&nbsp;&nbsp;<a href="/opinions/2003/02b2164.pc.pdf">2002-B- 2164 IN RE: BERNARD JOSEPH BLAIR, II&Acirc;</a>&nbsp;(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Bernard Joseph Blair, II be suspended from the practice of law in Louisiana for a period of three months. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;&nbsp;<a href="/opinions/2003/02b2454.pc.pdf">2002-B- 2454 IN RE: RANDAL L. GAINES&nbsp;</a>(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Randal L. Gaines be suspended from the practice of law in Louisiana for a period of three months. This suspension shall be fully deferred, subject to the condition that respondent complete an extra seven hours of continuing legal education during the calendar year of 2003, in addition to his ordinary mandatory continuing legal education requirements for the year. Respondent is ordered to submit proof of compliance to the Office of Disciplinary Counsel. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;CALOGERO, C.J., concurs and assigns reasons.&nbsp; VICTORY, J., concurs in the result.&nbsp;&nbsp;<a href="/opinions/2003/02b2721.pc.pdf">2002-B- 2721 IN RE: LEE C. GREVEMBERG&nbsp;</a>(Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Lee C. Grevemberg be suspended fro the practice of law in Louisiana for a period of one year. Respondent shall complete the ethics school program offered through the Louisiana State Bar Association. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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