Louisiana Supreme Court ReportThe latest decisions of the Louisiana Supreme Court summarized and updated dailyJuly is slow, no written decisions- July 27, 2003 Only a few sporadic releases were made in July, an historically slow month for the Louisiana Supreme Court.<br ><br >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.http://www.la-legal.com/supreme/2003_07_01_archive.html#105933906036694989 Action for tainted blood limited by prescriptive period tort- July 3, 2003 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 Hospitalhttp://www.la-legal.com/supreme/2003_07_01_archive.html#105725328097057636 Sheriff not liable in wrongful death action tort- July 3, 2003 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...http://www.la-legal.com/supreme/2003_07_01_archive.html#105725271716325520 Worker's compensation available for "special missions" tort- July 3, 2003 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...http://www.la-legal.com/supreme/2003_07_01_archive.html#105725172825631238 Interrogatories not allowed during medical review proceedings proc tort- July 3, 2003 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. Donahttp://www.la-legal.com/supreme/2003_07_01_archive.html#105725128206876457 |