Louisiana Supreme Court Report |
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  Keep up with the latest news from the Louisiana Supreme Court. We take the latest decisions, arrange them by category, summarize the decision, and post it here with a link to see the full decision. Decisions are usually posted the same day they are released by the Supreme Court. As an added convenience, you can also arrange to have us email you with the new decision summaries as they are posted here.
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Disclaimer Copyright 2003 by Louisiana Legal,
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July 27, 2003
July is slow, no written decisions
Only a few sporadic releases were made in July, an historically slow month for the Louisiana Supreme Court. In two cases, applicants were given special permission to take the bar exam, and in another case a stay was granted. Other than the denial of writs without written reasons, nothing much has been going on. Permalink July 3, 2003
Action for tainted blood limited by prescriptive period [tort]
Plaintiff contracts hepatitis from blood transfusion performed in 1979. Lower courts rule that strict liability for providing contaminated blood is not subject to prescriptive period. Action: reversed, but plaintiff given leave to amend to challenge constitutionality of law. Two dissents. David v. Our Lady of the Lake Hospital Permalink
Sheriff not liable in wrongful death action [tort]
Numerous calls to different state and local police agencies for assistance (escort) by a truck driver carrying 70' poles were of no help. In an attempt to back out onto the highway at night, a husband and wife who struck the poles were killed and the ten children filed suit against the driver, the company, and all the police agencies involved. In the jury trial, the fault is assessed solely to the truck driver with an award of $2 million. In a bifurcated non-jury trial against the sheriff, a judge found the sheriff partly at fault and granted a judgment NOV in the jury trial against the State Police. Action: reversed as to liability on the part of both police agencies. One partial dissent. Davis v. Witt Permalink
Worker's compensation available for "special missions" [tort]
Employee is injured in automobile accident (ruptured lumbar disk) while returning from a job-required safety meeting. At issue is whether workers' compensation benefits are available. Action: lower courts reversed. Any time an employee is on a "special mission" for an employer, he is covered by workers' compensation regardless of the route he takes on the special mission. This is an exception to the coming and going rule that just going to work and returning from work are not covered. McLin v. Industrial Specialty Contractors Permalink
Interrogatories not allowed during medical review proceedings [proc] [tort]
In this important case, the issue of whether a plaintiff has the right to require interrogatories during the medical review panel phase of a malpractice claim is considered. Several cases were consolidated and the Supreme Court granted writs to settle the issue. Action: lower courts correctly decreed that interrogatories are not available during the medical review panel phase of a case. Perritt v. Dona Permalink
Original jurisdiction lies with court on constitutional taxation issues [const]
At issue was whether the Louisiana Tax Commission or the district court had original jurisdiction to consider a challenge to assessments against public service property. A protest to taxation based solely on the Louisiana constitution was properly filed in the district court, not with the LTC. ANR Pipeline Co. v. Louisiana Tax Commission Permalink |
