Jeannette Knoll

This case concerns a worker's compensation dispute in which claimant Austin Miller filed a motion seeking 24% penalties and attorney's fees against his employer Roger Miller Sand, Inc. and insurer Cigna for their alleged failure to timely pay a 1994 Louisiana Supreme Court judgment that awarded him supplemental earnings benefits (SEB), penalties, and fees. The Office of Worker's Compensation hearing officer awarded 12% penalties on the unpaid judgment, $800 in enforcement fees, $5,000 in additional fees to Miller's current attorney, $1,500 to his prior attorney, and SEB calculated on a stipulated average weekly wage of $222.19, while also addressing related issues raised on intervention. On appeal and rehearing, the Court of Appeal considered challenges to the penalty rate, fee amounts, SEB calculation, and legal interest accrual dates, ultimately amending its decree to set interest on the original penalties and fees from the Supreme Court's November 30, 1994 decision and on the enforcement awards from the hearing officer's June 2, 1995 ruling, while affirming the remainder under La.R.S. 23:1201(F) and 23:1201.3A.

labor & employmentprocedure

In Jones v. Doe, a father sued on behalf of his five-year-old son, alleging that the St. Landry Parish School Board negligently supervised students and maintained unsafe restroom facilities, allowing another minor student to sexually assault the child on school premises and resulting in physical and emotional injuries. The school's insurer, Titan Indemnity Company, moved for summary judgment based on an Abuse and Molestation Exclusion in the commercial general liability policy that barred coverage for bodily injury arising from actual or threatened abuse or molestation, including negligent supervision of the perpetrator. The Louisiana Court of Appeal affirmed the trial court's grant of summary judgment to Titan, concluding that the policy language unambiguously excluded coverage for the claims. The court reasoned that insurers may limit liability through clear exclusions and that the claims, whether framed as direct abuse or related negligence, fell within the exclusion's scope.

torts & liabilityprocedurefamily lawcriminal law

This case involved a community property partition between Mabel and Walter Nichols following their 1983 legal separation in Louisiana, where the community regime ended but partition was delayed until 1993. The trial court valued the community assets (including two homes and collected rents) at approximately $88,887 and calculated each spouse's net interest after reimbursements, awarding the properties and rents accordingly while ordering a small balancing payment. On appeal, Walter challenged the reimbursement for his separate funds spent on community debts, the assessment of rent for his use of one property, and the overall interest calculations. The Court of Appeal amended the judgment to increase the rent calculation period by two months, reapportion rents equally between the spouses from the termination date, and adjust the balancing payment to $3,484.34 owed by Mabel to Walter, while affirming the rest based on La. Civ. Code art. 2367 and precedents on post-termination rents.

family lawproperty

Alfred Dorsey pled guilty in 1991 to issuing worthless checks exceeding $500 and was sentenced to six years at hard labor in 1995 after a roughly four-year delay. He appealed, claiming the delay rendered the sentence unreasonable and illegal under principles of due process and statutory requirements for timely sentencing. The Louisiana Court of Appeal, Third Circuit, affirmed the sentence, finding the delay was not unreasonable because it resulted in part from the defendant's non-appearances, continuances, and incarcerations on unrelated matters in other jurisdictions, with no showing of prejudice to him. The court also noted that the defendant had not properly preserved the issue below but addressed it on the merits anyway.

criminal lawprocedure

This case involved a personal injury lawsuit arising from a collision between a tanker truck driven by Mitchell Odom and a mobile home being moved onto a Louisiana highway. The jury found Odom 20% at fault, the mobile home mover 30% at fault, and his employer 50% at fault, awarding Odom $14,115.75 in past medical expenses, $15,000 for past and future lost earnings, and $100,000 in general damages, plus $2,500 to his wife Rita for loss of consortium. Odom appealed the lost earnings award as too low, and his wife appealed the consortium award as insufficient. The court affirmed both awards, finding no abuse of discretion because Odom's proof of higher lost earnings relied on inaccurate financial records that underestimated post-accident income and because evidence supporting greater consortium damages was weak.

torts & liability

This case was a personal injury lawsuit brought by Burton and Shirley Olivier against Patrick LeJeune and his auto insurer for damages stemming from a 1991 car accident that aggravated Mr. Olivier's preexisting but asymptomatic spinal condition, leading to ongoing back pain, medical treatment including possible future surgery, and impacts on the couple's relationship. The defendants stipulated liability, but a jury awarded only limited damages after the trial court admitted an unlisted surveillance videotape over the plaintiffs' objections; the trial judge later granted a partial JNOV increasing past medical expenses. On appeal, the Louisiana Third Circuit reversed, vacated the awards, held the videotape inadmissible because it was not disclosed in the pretrial order, and rendered judgment awarding Mr. Olivier $187,835.22 (covering past and future medicals, pain and suffering) plus $15,000 to Mrs. Olivier for loss of consortium based on uncontradicted medical and lay testimony.

torts & liabilityprocedure

The case was a wrongful death suit brought by the parents of an 18-year-old killed in a single-car rollover on a gravel parish road, alleging the road had a dangerous defect and also naming the underage driver and others as defendants. After a bifurcated trial, the jury and judge reached conflicting findings on fault percentages for the parish, driver, and passenger as well as on damages, resulting in verdicts that did not total 100% fault. The Court of Appeal determined that the irreconcilable verdicts constituted reversible legal error and therefore conducted a de novo review of the record to render a single harmonized judgment on liability and damages.

torts & liabilityprocedure

The case involved a workers' compensation claim by Donald Pitre, who was injured in 1984 while working as a diesel mechanic and heavy equipment operator for Al Johnson Construction, resulting in multiple surgeries and ongoing disability. After the original insurer went bankrupt, LIGA assumed the claim and unilaterally reduced benefits due to social security disability payments before terminating them entirely; the hearing officer found Pitre permanently and totally disabled, permitted an offset from the date of judicial demand, and assessed penalties and attorney fees. On appeal, the court reversed the permanent total disability determination and instead classified Pitre as temporarily totally disabled, reversed the offset award and most penalties and fees, affirmed penalties against the employer, and on rehearing adjusted the weekly benefit amount and interest accrual. The core reasoning centered on statutory requirements for proving permanent disability, the need to consider rehabilitation evidence from treating physicians, and limits on LIGA's authority to unilaterally alter benefits without court approval.

labor & employment

The case involved Timothy J. Guidry's conviction for aggravated rape of his eight-year-old daughter under Louisiana law. A jury found him guilty based on the victim's testimony about repeated incidents involving handcuffs and tape, medical examinations confirming physical injuries consistent with penetration, the defendant's confession to police, and additional physical evidence recovered from the home. Guidry appealed, challenging the sufficiency of the evidence and the denial of his motion for a new trial after claims of recantation by the victim, but the Court of Appeal of Louisiana, Third Circuit, affirmed the conviction and life sentence without parole. The court reasoned that witness credibility is for the jury to decide, the evidence was not based solely on an uncorroborated confession, and it was sufficient for a rational trier of fact to find guilt beyond a reasonable doubt.

criminal law

In Boswell v. Kurthwood Manor Nursing Home, a hairdresser who worked one or two days a week at a nursing home's beauty shop sought worker's compensation benefits after injuring her back while assisting a resident, claiming she was either a direct or statutory employee of the facility. The hearing officer ruled in her favor, finding an employer-employee relationship and awarding temporary total disability benefits, but the Louisiana Court of Appeal, Third Circuit, reversed the decision and dismissed the claim. The court examined the four key factors for an employer-employee relationship—selection and engagement, payment of wages, power of dismissal, and power of control—finding that the nursing home lacked meaningful control, residents or their families paid for the services, and the hairdresser provided her own supplies and set her own schedule. The court further held that beautician services were not part of the nursing home's core trade, business, or occupation and thus did not qualify her as a statutory employee under state law.

labor & employmenttorts & liability

Mary Bankston sued Alexandria Neurosurgical Clinic and other medical providers for medical malpractice, alleging an improper and non-consensual back surgery in 1985, after first pursuing a medical review panel that disbanded without issuing an opinion. The trial court dismissed her claim with prejudice under La.C.C.P. art. 1672(A) when she failed to appear at the July 1993 trial on the merits, despite her later attempt to refile a petition days before trial. The Court of Appeal affirmed the dismissal, holding that the trial court did not abuse its discretion in refusing to allow refiling without leave of court or in proceeding without an automatic stay from her writ application, and it also dismissed the intervenors' appeals while awarding damages for frivolous appeal. The core reasoning centered on procedural rules requiring court permission for late amendments, the absence of any stay order, and the plaintiff's history of sanctions for unsupported filings.

torts & liabilityprocedurehealthcare

Troy Pitre Guidry was charged with attempted first-degree murder and possession of more than 28 grams of cocaine after an undercover narcotics operation in which he assaulted an officer and drugs were later found in his sister's apartment. A jury convicted him on both counts, and the trial court imposed consecutive sentences of fifteen years and twenty years at hard labor plus a fine. Guidry appealed on multiple grounds, including the trial court's refusal to consider his pro se motions, the validity of the search warrant, and claims of ineffective assistance of counsel. The Court of Appeal of Louisiana, Third Circuit, reviewed the record and found each assignment of error without merit, concluding that the evidence was sufficient to prove guilt beyond a reasonable doubt and that no procedural errors warranted reversal. The court therefore affirmed the convictions and sentences.

criminal lawprocedure

This case arose from a 1992 automobile accident in Louisiana in which an over-height load on an 18-wheeler struck a bridge, causing a trash compactor to fall onto an oncoming vehicle and seriously injure its occupants, primarily plaintiff Michael Detraz Sr. The trial court granted summary judgment on liability for the plaintiffs, and a jury awarded over $1.3 million in damages, including past and future medical expenses, lost income, pain and suffering, and loss of consortium to Detraz's wife and son. The defendants appealed, contending that the awards for economic loss, general damages, and consortium were excessive. The Court of Appeal of Louisiana, Third Circuit, affirmed the judgment in full, holding that the jury did not abuse its discretion in light of the evidence of Detraz's multiple fractures, surgeries, permanent physical restrictions, inability to return to his prior physically demanding jobs, and resulting effects on his family relationships.

torts & liability

This case concerned the validity of a 'Joint Stipulations' document signed by spouses Karen and Kenneth Langley seven days before Karen filed for divorce, in which they divided existing community assets and debts and included a provision for permanent alimony. Kenneth sought to set aside the agreement, arguing it was an invalid matrimonial agreement that terminated the community property regime without court approval under La. Civ. Code art. 2329. The trial court denied the motion, and the Court of Appeal of Louisiana, Third Circuit, affirmed, holding that the document was a valid interspousal contract rather than a matrimonial agreement because it addressed only existing assets without establishing or modifying a regime for future property and did not contain language expressly terminating the community. The court further reasoned that the filing of the divorce petition itself terminated the community and that agreements providing for alimony prior to divorce are permissible.

family lawproperty

The case concerned whether the Office of Worker's Compensation (OWC) had subject matter jurisdiction over a motion to compel vocational assessment filed by an employer's worker's compensation insurer against an employee who had previously obtained a consent judgment for benefits in district court. The employee filed a declinatory exception asserting lack of OWC jurisdiction, which the OWC granted and dismissed the motion without prejudice. On appeal, the court reversed, holding that the motion constituted a petition seeking modification of compensation benefits under the applicable transition rules of Act 260 and the analysis in Ross v. Highlands Ins. Co. The court reasoned that the motion aimed at fulfilling rehabilitation obligations or potentially reducing benefits, distinguishing it from enforcement of a prior judgment, which would remain in district court, or a new claim.

labor & employmentprocedure

In State v. Green, defendant Hamilton Green was charged with multiple offenses including aggravated assault, possession of a firearm by a convicted felon, unauthorized use of a movable, and second-offense marijuana possession. He initially pled not guilty but later entered guilty pleas to three counts; he then moved to withdraw the pleas before sentencing, arguing that the state's late notice of an inculpatory statement prevented a voluntary plea. The trial court denied the motions and imposed sentences, including a ten-year term without parole eligibility on the firearm count to run consecutively with concurrent terms on the other counts. On appeal, the court affirmed the convictions and sentences, holding that the trial judge did not abuse discretion in denying withdrawal because the motion lacked specific claims of involuntariness or constitutional infirmity and the plea was supported by admitted facts. The case was remanded solely for ministerial corrections to the commitment order regarding credit for time served and post-conviction relief notice.

criminal lawprocedure

In this case, plaintiffs Thomas Stagg and his son were injured in a car accident caused by defendants Valentine Strauss and her son, whose insurer later became insolvent, leading the plaintiffs to add the Louisiana Insurance Guaranty Association (LIGA) as a defendant after settling with their own underinsured motorist carrier. The trial court dismissed the personal injury claims against LIGA and the individual tortfeasors, and the court of appeal affirmed. The court reasoned that the 1992 amendment to La.R.S. § 22:1386, which applies retroactively to pending claims, requires plaintiffs to exhaust their rights against all solvent insurers before proceeding against LIGA or the insureds of an insolvent insurer, in order to fulfill the statutory purpose of protecting such insureds from personal liability. The court distinguished the 1990 amendment as non-retroactive but reached the same result under the 1992 law, while allowing the claim for uncovered rental expenses to proceed.

torts & liabilityprocedure

In this workers' compensation case, Larry Fruge appealed a hearing officer's ruling that his ongoing disabling symptoms and related medical expenses were not caused by a 1989 work-related back injury from falling off a dragline while employed by Gravity Drainage District No. 5. The court affirmed the decision that Fruge's lumbar sprain from the accident had healed within eighteen months and that his current symptoms stemmed from a preexisting spinal cord tumor whose effects predated the accident, as shown by medical records and witness testimony. The court held that the employer was not required to pay for tumor removal or ulcer treatment because those conditions were not causally related to the work accident. It also upheld the denial of attorney's fees and penalties, finding that benefits were properly terminated based on competent medical reports indicating no ongoing work-related disability.

labor & employment

This case involved a defendant who pled guilty to indecent behavior with a juvenile and received a prison sentence that was later vacated on appeal as excessive. On remand, the trial court attempted to amend the original sentence rather than conduct a new sentencing hearing. The appellate court held that a vacated sentence ceases to exist and cannot be amended, requiring instead a fresh sentencing proceeding with explicit consideration of the sentencing guidelines and supporting reasons on the record. The court also emphasized that the defendant must be present for resentencing. It therefore reversed the trial court's action and remanded the case again for proper resentencing.

criminal lawprocedure

This case involved a dispute over workers' compensation benefits for Harold Edwards, a truck driver injured while hauling pulpwood for Delta Timber Company. Edwards claimed that the employer's insurer had undercalculated his weekly benefits under the formula in LSA-R.S. 23:1021(10)(d), which requires dividing gross earnings by actual days worked and multiplying by four, with a deduction for expenses when the employee supplies his own equipment. The Office of Worker's Compensation ruled for Edwards, increasing his benefits and awarding penalties and attorney's fees on the ground that the employer's assumptions about work days and 50% expenses were arbitrary. On appeal, the Louisiana Court of Appeal affirmed the increased benefits and penalties, finding the hearing officer's 40% expense finding supported by the record, while amending the judgment to raise the attorney's fee award from $3000 to $5000.

labor & employment