March 15, 2017 - 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 #017</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;The Opinions handed down on the&nbsp;15th day of March, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/16C1232.OPN.pdf">2016-C-1232 DAVID PITTS JR. AND KENYETTA GURLEY v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY AND RHODA RENEE JONES, M.D.</a>&nbsp;(Parish of Tangipahoa) For the above reasons, we affirm the ruling of the court of appeal setting aside the district court's grant of the JNOV. However, we reverse the ruling of the court of appeal relative to the new trial and we reinstate the district court's grant of the plaintiffs' motion for new trial. AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS.WEIMER, J., concurs in part and dissents in part and assigns reasons. GUIDRY, J., concurs and assigns reasons. CLARK, J., concurs in part and dissents in part for reasons assigned by Justice Weimer. CRICHTON, J., additionally concurs for the reasons assigned by Justice Guidry.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2017/15K1949.OPN.pdf">2015-K-1949 STATE OF LOUISIANA v. ANDRE J. DAVIS</a>&nbsp;(Parish of Orleans) That portion of the appellate court's opinion ruling that the elements of domestic abuse battery involving strangulation were unproven at trial is hereby reversed. Noting that the defendant did not seek a writ to challenge the appellate court's opinion, we leave undisturbed the remainder of the opinion relating to other matters, including that portion finding that the district court failed to impose mandatory conditions on the defendant's probation for domestic abuse battery. This matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2017/16C1112.OPN.pdf">2016-C-1112 BYRON GULLEY v. HOPE YOUTH RANCH, ET AL.</a>&nbsp;(Parish of Rapides)Retired Judge Gay Caldwell Gaskins assigned as Justice ad hoc, sitting for Genovese, J., recused.Because we find the Medical Director and the Office of Workers' Compensation misinterpreted the language of Louisiana Administrative Code, and thus misapplied the Medical Treatment Guidelines on neurostimulation to Mr. Gulley's case, we reverse the lower court's ruling and find the Office of Workers' Compensation erred in affirming the decision of the Medical Director. REVERSEDCRICHTON, J., additionally concurs with reasons.&nbsp;<a href="/opinions/2017/16KK1412.OPN.pdf">2016-KK-1412 STATE OF LOUISIANA v. COREI K. GUIDRY</a>&nbsp;(Parish of Orleans)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered.Accordingly, the district court's ruling is reversed, the stay issued by this court is hereby lifted, and the matter is remanded to the district court for further proceedings. REVERSED; STAY LIFTED; REMANDED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., additionally concurs and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons. GENOVESE,J., additionally concurs for the reasons assigned by Justice Guidry and Justice Crichton.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16CC1146.OPN.pdf">2016-CC-1146 DARRIN COULON AND TESS COULON v. ENDURANCE RISK PARTNERS, INC., WEST BANK SURGERY CENTER, L.L.C., AND MARK JUNEAU, M.D.</a>&nbsp;(Parish of Jefferson) Accordingly, we reverse the ruling that sustained the Surgery Center=s exception of prematurity and remand for proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16KK0687.OPN.pdf">2016-KK-0687 STATE OF LOUISIANA v. CHANNING R. GRAY</a>&nbsp;(Parish of Bienville) Accordingly, we vacate the judgment of appellate court, granting the defendant's motion to quash and dismissing the bill of information charging the defendant with obstruction of justice, and reinstate the trial court judgment, denying the defendant's motion to quash. APPELLATE COURT JUDGMENT VACATED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY GENOVESE,J.: <a href="/opinions/2017/16CA0424.OPN.pdf">2016-CA-0424 ENTERGY LOUISIANA, LLC v. LOUISIANA PUBLIC SERVICE COMMISSION, CONCORDIA ELECTRIC COOPERATIVE INC.</a>&nbsp;(Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the district court is reversed, and Louisiana Public Service Commission Order No. U-32980 is hereby reinstated. All costs are assessed against Entergy Louisiana, LLC. REVERSED.&nbsp;&nbsp; PER CURIAMS:<a href="/opinions/2017/16C1028.OPN.pdf">2016-C-1028 GERALD CASTILLE v. ST. MARTIN PARISH SCHOOL BOARD</a>&nbsp;(Parish of St. Martin) For the reasons assigned, the judgment of the court of appeal is reversed insofar as it renders judgment in favor of Gerald Castille against the St. Martin Parish School Board in the additional amount of $75,000. In all other respects, the judgment of the court of appeal is affirmed.JOHNSON, C.J., dissents in part and assigns reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J. GENOVESE, J., dissents.&nbsp;<a href="/opinions/2017/16B1848.OPN.pdf">2016-B-1848 IN RE: ASHTON R. O'DWYER</a> 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 the name of Ashton R. O'Dwyer, Louisiana Bar Roll number 10166, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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;&nbsp;<div></div>
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