Justia Louisiana Supreme Court Opinion Summaries

The issue presented for the Louisiana Supreme Court's review in this case arose after plaintiff sued for injuries sustained when a cylinder that formed part of a fire-suppressant system discharged while the plaintiff was moving the cylinder after it had been offloaded from a jack-up boat onto an oil production platform. Specifically, the issues in this case were: (1) whether the company hired to inspect the platform’s fire suppression systems owed a duty of care and, if so, whether it breached that duty; (2) whether the inspection company’s actions were the cause-in-fact and legal cause of the plaintiff’s injuries; (3) whether the inspection company was solely at fault; and (4) whether the general damage awards and the loss of consortium award are excessive. The Supreme Court found the trial court did not err in finding that the inspection company was liable for the plaintiff’s injuries; however, because there were multiple causes of the accident, the trial court manifestly erred in allocating all of the fault to the inspection company. Furthermore, based on the evidence of plaintiff’s injuries, the Supreme Court found the trial court abused its discretion in fixing plaintiff’s general damage awards for physical and psychological injuries and the loss of consortium award of plaintiff’s son. The trial court’s judgment was amended to allocate fault to the operator of the platform and plaintiff ,and to reduce the challenged damage awards. As amended, the trial court’s judgment was affirmed, and the matter was remanded for further proceedings. View "Malta v. Herbert S. Hiller Corp. et al." on Justia Law

Robert Johnson and Beverly Edwin were married for twenty-two years, and together had three children. During their marriage, Johnson signed and recorded an “Affidavit of Usufruct” in favor of Edwin “for the remainder of [Ms. Edwin’s] life even if she remarries.” This lifetime usufruct covered Johnson’s separate property in Walker, Louisiana. During their marriage, Johnson and Edwin lived in a house on the subject property and also rebuilt the house together following a fire. The couple separated in 2002 or 2003, at which time Edwin moved off of the premises, while Johnson continued to live there. The couple divorced in 2006. Johnson died intestate on August 13, 2010. In June 2014, Edwin petitioned to be named administratrix of Johnson’s succession and was initially appointed as such. However, the trial court removed her as administratrix and appointed three of Johnson’s fourteen children to serve as co-administrators, namely: Lorie Parker, Aveis Parker, and Robert Johnson, Jr. In 2018, after a family conflict arose regarding who had a right to use the property, Edwin filed a “Motion to Enforce Conventional Usufruct and Spousal Reimbursement Claim,” contending the house on the property was vacant, the value of the property was depreciating, and it needed repair. Edwin further alleged Johnson’s estate owed her $21,600.00, representing the amount of money she claimed to have expended to clean, maintain, and improve the property due to the alleged neglect of the co-administrators. The co-administrators countered, filing a peremptory exception of prescription in which they argued that Edwin’s usufruct was extinguished by the ten-year prescription of nonuse. In opposition to the exception, Edwin contended that the prescription of nonuse did not apply to a lifetime usufruct. Alternatively, she asserted that she had used the property during the pertinent ten-year period so as to interrupt the accrual of prescription for nonuse. Certiorari was granted in this matter to determine whether a usufruct “granted for life” was subject to the ten-year prescription of nonuse set forth in La. C.C. art. 621; and, if so, whether the lifetime usufruct established in this case was prescribed pursuant to that article. After review of the record and consideration of the provisions of the Louisiana Civil Code, the Louisiana Supreme Court held that while a lifetime usufruct may prescribe due to nonuse, the usufruct at issue did not prescribe as there was no ten-year period of continued nonuse. The lower courts’ judgments were reversed. View "In re: Succession of the Estate of Robert Johnson" on Justia Law

The State of Louisiana alleged that in July 2015, defendant Walter Johnson, JaQuendas Octave, Jay Lyons, and Casey Johnson took jewelry, cell phones, wallets, money, and credit cards at gunpoint from Roussel’s Antiques on Airline Highway in Gonzales and from the store’s employees. In September 2015, the State charged defendant and the others with four counts of armed robbery committed with the use of a firearm. The State also charged defendant with possession of a firearm by a person convicted of certain felonies. Defendant’s trial was set for June 21, 2017, with a status hearing scheduled for April 17, 2017. However, defendant was not transported to court on April 17. The trial court reset trial for the week of January 22, 2018, and advised the parties that this was a special setting and no further continuances would be granted. For various reasons, such as witness unavailability, scheduling conflicts and other issues, none of which were attributable to the defense, trial was set for September 2019. After argument, the trial court granted defendant's motion to quash, finding the State had flaunted its authority to dismiss and reinstitute to, in effect, grant itself the continuance the trial court had denied, and that the State had done so as a dilatory tactic at defendant’s expense. While acknowledging that the unavailability of a material witness might ordinarily justify granting a continuance, the trial court determined that the witness unavailability was used a pretext and the State was simply unprepared for trial. The court of appeal reversed the trial court's ruling and remanded for further proceedings. The court of appeal found that the trial court had abused its discretion in granting the motion to quash because defendant was not prejudiced by the delay. The Louisiana Supreme Court reversed the court of appeal, finding the appellate court erred in determining that the trial court abused its discretion in granting defendant’s motion to quash. "Under the unusual circumstances presented, we can find no abuse of discretion when the record supports the trial court’s determination that the absence of the witness was a pretext and that the State was simply unprepared for trial." View "Louisiana v. Johnson" on Justia Law

The Louisiana Supreme Court granted review in this case to examine the interplay between two provisions of the Louisiana Code of Civil Procedure in the context of partial summary judgment. The specific issue presented was whether a trial court, having granted defendants’ motion for partial summary judgment based on plaintiffs’ failure to timely file an opposition, could later vacate that judgment when the plaintiffs produce an expert affidavit based on evidence that was previously available in advance of the original hearing. The underlying action arose out of a motor vehicle accident in which J. Benjamin Zapata was struck from behind by a vehicle operated by Stephen Seal and owned by Diversified Well Logging, Inc. (collectively “DWL”). Mr. Zapata and his wife filed suit against DWL and its insurer alleging both new injuries and aggravation of preexisting lower back injuries sustained in a prior motor vehicle accident. Dr. Olawale Sulaiman, who performed lower back surgery on Mr. Zapata after the accident, opined in his deposition that he did not causally relate that surgery to the subject accident. DWL moved for partial summary judgment seeking to dismiss the Zapatas’ claim that the lower back surgery was necessitated by the accident. Twelve days before the hearing, the Zapatas filed an opposition, attaching a July 2018 report by Dr. Mohammad Almubaslat to support the assertion that the accident aggravated Mr. Zapata’s preexisting lower back injuries and necessitated the surgery. DWL replied, arguing that because the opposition was untimely, the attachments should be stricken and the Zapatas’ counsel precluded from presenting oral argument. At the hearing the trial court agreed with DWL and granted partial summary judgment in its favor. The Zapatas moved to vacate the partial summary judgment, attaching the affidavit by Dr. Almubaslat, but executed on May 8, 2019. DWL opposed on the grounds that it would be improper for the trial court to disregard the time limitations set forth in La. C.C.P. art. 966(B) and consider evidence that was previously available to the Zapatas in July 2018, prior to the original hearing on the motion for partial summary judgment. The trial court vacated its prior ruling, concluding the Zapatas’ motion to vacate was authorized by La. C.C.P. art. 1915(B) and found a genuine issue of material fact existed with respect to the issue of medical causation based on the “newly submitted affidavit of Dr. Mohammad Almubaslat.” The Supreme Court found the trial court was within its discretion in vacating its prior ruling. View "Zapata v. Seal" on Justia Law

Jessica Petersen and Charles Johnson began living together while Petersen was attending college in Georgia. Although Johnson worked as a mechanic, the couple’s lifestyle was funded almost entirely by a trust created for Petersen’s benefit by her grandfather. In 2000 they returned to Louisiana and purchased a house and surrounding acreage in Ouachita Parish. The act of sale expressly conveyed ownership of the property to Johnson and Petersen, both of whom signed the deed before a notary public and two witnesses. The purchase price was paid in full at closing with funds from Petersen’s trust. Shortly thereafter Petersen and Johnson acquired additional acreage adjacent to the original tract. This second act of sale also conveyed ownership of the property to Johnson and Petersen, and both signed the deed before a notary public and two witnesses. The purchase price for this parcel was paid with funds loaned to Petersen by her mother. At the time of the purchases, Petersen and Johnson were not married. They married soon afterward, had the first of three children, and began a life in their new home. Their relationship ended in divorce in 2006. Petersen was granted exclusive use of the home in the divorce proceeding and remained there until moving out of town and eventually out of state. A prospective buyer offered to purchase the property, but Johnson would not agree to the sale. In 2017 Johnson moved back into the house with his current wife and their children. In 2018 Petersen sold an undivided one-half interest in the property to Fairbanks Development, LLC., which then instituted this proceeding to partition the property, naming both Petersen and Johnson as defendants. The issue this case presented for the Louisiana Supreme Court's review was which of the following determines one’s status as a co-owner of immovable property: the authentic act conveying ownership of the property, or the source of the funds used to pay the purchase price. The Court found the authentic act controlled. View "Fairbanks Development, LLC v. Johnson et al." on Justia Law

The issue in this child custody matter was whether the trial court applied the correct law in awarding joint custody to Sharon Sullivan, the biological parent, and Billie Cook, a non-parent and Sharon’s former same-sex partner. The court of appeal reversed the trial court, concluding that an analysis of the best interest of the child under La. Civ. Code art. 134 was not warranted, because the evidence did not show that an award of sole custody to Sharon would result in substantial harm to the child under La. Civ. Code art. 133. Finding the trial court committed legal error, the Louisiana Supreme Court did a de novo review of the record, and affirmed the judgment of the court of appeal that reversed the trial court’s judgment recognizing Billie Cook as a legal parent of Sharon Sullivan’s child and awarding the parties joint custody. View "Cook v. Sullivan" on Justia Law

A grand jury indicted defendant David Brown on three charges of first degree murder. The State noticed its intent to seek the death penalty, designating several statutory aggravating circumstances. Following the close of evidence, a unanimous jury found defendant guilty as charged. Before the penalty phase of defendant’s trial and following a hearing, the trial court granted defendant’s request to represent himself during the penalty phase. Defendant’s request arose due to a conflict between defendant and his lawyers about defense counsel’s presentation of certain mitigating evidence. The jury subsequently returned a unanimous verdict of death on each count. In his direct appeal to the Louisiana Supreme Court, defendant raised 82 assignments of error, including the trial court’s ruling on defendant’s request to proceed pro se during the penalty phase. After review, the Supreme Court found the trial court erred in allowing defendant to represent himself during the penalty phase and therefore vacated the death sentence. Finding no merit to defendant's remaining challenges, the Court affirmed defendant's convictions and remanded the matter to the trial court for further proceedings. View "Louisiana v. Brown" on Justia Law

The child at issue in this case, Grayson, was born on February 14, 2013 to a mother with a significant history of drug abuse; Grayson allegedly had drugs in his system at birth. Shortly thereafter, in March 2013, Grayson was adjudicated a “child in need of care,” placed in the custody of the Louisiana Department of Children and Family Services (“DCFS”), and entrusted to the physical care of foster parent Samantha Gafford. While in Gafford's, Grayson suffered severe personal injuries, which included brain damage, blindness, and seizures; it was also alleged that the child had bite marks on his thigh and abdomen. Gafford did not disclose these injuries until Grayson was taken to the hospital in May 2013. This suit was filed to recover damages for personal injuries suffered by an infant while in the custody of DCFS and in the physical care of foster parents. After all other claims were dismissed except allegations that DCFS was vicariously liable for the actions of the foster mother, based not only on an employer-employee relationship, but also based on DCFS’s non-delegable duty as the legal custodian of the child, as set forth in Miller v. Martin, 838 So.2d 761 (2003), DCFS filed a peremptory exception pleading the objection of no cause of action, claiming La. R.S. 42:1441.1 barred the application of La. C.C. art. 2320 to DCFS. The district court denied the peremptory exception, and the appellate court denied the ensuing writ application filed by DCFS. The Louisiana Supreme Court affirmed the district court and remanded for further proceedings. View "Kunath v. Gafford" on Justia Law

This dispute over uninsured motorist ("UM") coverage arose from a motor vehicle accident on Louisiana Highway 6 near Natchitoches. Martin Baack, an employee of Pilgrim’s Pride Corporation, was driving his work vehicle when he was struck by a vehicle driven by Michael McIntosh. The vehicle Baack was driving belonged to PPC Transportation Company. Both Pilgrim’s Pride and PPC Transportation were subsidiaries of JBS USA Holdings, Inc. (“JBS”). McIntosh was determined to be solely at fault for the accident and pled guilty to improper lane usage. Baack and his wife filed suit individually and on behalf of their minor daughter naming as defendants McIntosh, his insurer, and Zurich American Insurance Company (“Zurich”) in its capacity as the UM provider for PPC Transportation’s vehicle. In JBS’s policy with Zurich, PPC Transportation was listed as a Broad Named Insured. The Baacks sought damages under Zurich’s UM coverage as well as penalties and attorney fees based on Zurich’s failure to timely settle the claim. The Louisiana Supreme Court granted consolidated writs to determine whether an insured’s initial UM coverage waiver remains valid where, upon consecutive renewals, the insured submitted new signed and dated UM forms without initialing the blanks provided to reject UM coverage. Based on the Court's interpretation of the UM statute, it found such a subsequently submitted form changes the prior rejection and operated to provide UM coverage. Additionally, finding no error in the quantum of damages and denial of penalties and attorney fees by the court of appeal, the Court affirmed. View "Baack v. McIntosh et al." on Justia Law

Defendant Randall Burton was found guilty as charged of the second degree murder of Cody Fletcher. The trial court sentenced him to serve life imprisonment at hard labor without parole eligibility. The court of appeal affirmed. The Louisiana Supreme Court granted defendant’s application to examine whether the trial court erred in excluding evidence of the victim’s dangerous character, pursuant to La. C.E. art. 404(A)(2). This evidence was relevant to defendant’s claim that the homicide was justifiable, under La. R.S. 14:20(A). After examining the record, the arguments of the parties, and the jurisprudence, the Supreme Court found defendant was entitled to a new trial because the trial court erred when it excluded this evidence after defendant introduced appreciable evidence of an overt act or hostile demonstration by the victim. Accordingly, the Court vacated the sentence, set aside the conviction, and remanded for further proceedings. View "Louisiana v. Burton" on Justia Law