February 20, 2004 - 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 #020</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;20th day of February, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03c1615.opn.pdf">2003-C -1615 DONALD REESE AND VERNA NABONNE ON BEHALF OF HER MINOR CHILD, JAMES J.&nbsp;NABONNE v. STATE OF LOUISIANA, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND LOUISIANA STATE PENITENTIARY</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the court of appeal affirming the trial court's sustaining of the defendants' exception of no cause of action is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.REVERSED AND REMANDED.VICTORY, J., concurs.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03cc1341.opn.pdf">2003-CC-1341 BRIAN CAMPBELL, ET AL. v. TORK, INC., ET AL&nbsp;</a>. (Parish of Jefferson) For the reasons stated herein, we reverse the judgment of the trial court granting plaintiff's motion for new trial and reinstate the jury verdict of $50,000 in favor of Brian Campbell, et al.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03c1533.opn.pdf">2003-C- 1533 EARLINE HUTCHINSON v. KNIGHTS OF COLUMBUS, COUNCIL NO. 5747, REBEL AMUSEMENTS RIDES, INC., AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY</a> (Parish of St. Bernard) The conflicting affidavits establish genuine issues of material fact as to whether precautions should have been taken with respect to the positioning of the cables and whether the plaintiff traversed an area off limits to pedestrians. The court of appeal exercised its proper judicial function and did not decide these matters based on the conflicting statements contained within the existing record. We find no error in the court of appeal's reversal and remand. AFFIRMED.Retired Judge Walter I. Lanier, Jr., sitting ad hoc for Johnson, J., recused.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03c1426.pc.pdf">2003-C -1426 JAMES HOWARD v. WEST BATON ROUGE PARISH SCHOOL BOARD&nbsp;</a>(Parish of West Baton Rouge) For the reasons assigned, the judgment of the court of appeal is amended to provide that the West Baton Rouge Parish School Board is ordered to reinstate James Howard to his former position with all salary, compensation, and emoluments, beginning on the date of his last paycheck in March 1997 through October 18, 2001, with legal interest thereon from the date of judicial demand until paid. All costs in this court are assessed against the West Baton Rouge Parish School Board.Retired Judge Robert J. Klees, assigned as Associate Justice Ad Hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2004/03c1715.opn.pdf">2003-C -1715 JAMES A. MARTIN v. JOE A. MORGAN, M.D., CRAWFORD &amp; CO., STRATEGIC CASE MANAGEMENT, L.L.C., TURNER INDUSTRIES LTD., ET AL.</a> (Parish of East Baton Rouge) WRIT RECALLED. IMPROVIDENTLY GRANTED. WRIT DENIED.&nbsp;<a href="/opinions/2004/03b2010.pc.pdf">2003-B- 2010 IN RE: JEAN MARIE LACOBEE</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Jean Marie Lacobee, Louisiana Bar Roll number 25319, be suspended from the practice of law in Louisiana for a period of three years, with one year of this suspension deferred. This suspension shall be retroactive to October 30, 2002, the date of respondent's interim suspension. It is further ordered that respondent make full restitution to her clients of any unearned legal fees. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2004/03b2422.pc.pdf">2003-B -2422 IN RE: ERMENCE DEBOSE-PARENT </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Ermence DeBose-Parent, Louisiana Bar Roll number 20534, is suspended from the practice of law for a period of six months. All but two months of this suspension shall be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on probation for a period of one year, during which time she shall be required to attend the Louisiana State Bar Association's Ethics School program. Any violation of this condition or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory or imposing other discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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