Louisiana Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Louisiana or Court of Appeals of Louisiana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Brister v. Sears Authorized Retail Dealer - 12/8/1999
APPEAL FROM OFFICE OF WORKERS' COMPENSATION DISTRICT NO. TWO PATRICIA KOCH, WORKERS' COMPENSATION JUDGE
JIMMIE C. PETERS JUDGE
(Court composed of Judge Cooks, Judge Peters, Judge Pickett)
REVERSED IN PART; AFFIRMED IN...
Batson v. South Louisiana Medical Center - 12/6/1999
Plaintiff, Deborah Batson, brought this action to recover damages for injuries she sustained while hospitalized at South Louisiana Medical Center in Houma, Louisiana. We granted this writ of certiorari to determine whether the...
Littleton v. Wal-Mart Stores - 12/6/1999
AFFIRMED
Wal-Mart Stores, Inc. appeals a judgment for damages sustained by Vicki Littleton, a customer, when a case of paper towels being stacked by store employees fell upon her. It raises three assignments of error regarding:...
In re Medical Review Panel - 11/30/1999
INITIATED BY: MARK GERARD CHIASSON, ET AL.
AFFIRMED
This is an appeal by St. Charles Parish Hospital, defendant-appellant, from a judgment denying its motion to extend the life of a medical review panel convened in this...
Brown v. Southeast Loisiana Contractors of Norco - 11/30/1999
AFFIRMED
Claimant/appellant James D. Brown filed a claim for worker's compensation, averring that as a result of his exposure to the toxic chemical sodium hydroxide he suffered acute injuries to his upper respiratory system and...
O'Regan v. Preferred Enterprises - 6/29/1999
LEMMON, J., Subscribing to the Opinion and Assigning Additional Concurring
Reasons
The employee has the burden of proving causation in every workers' compensation case. The so-called "presumption" in La. Rev. Stat....
Nassif v. Sunrise Homes - 6/29/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON
Shirley Nassif purchased a house in Woodmere South Subdivision from Sunrise Homes, Inc., on May 31, 1984. Two months later, Ms. Nassif sold the...
In re Rudman - 6/25/1999
IN RE RUDMAN, 99-1037 (La. 6/25/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Suspension ordered. See per curiam.
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In re Brough - 6/25/1999
IN RE BROUGH, 99-0844 (La. 6/25/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
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In re Rudham - 6/25/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Laurence D. Rudman, an attorney licensed to practice law...
In re Caver - 6/25/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from two sets of formal charges involving a total of sixteen counts of misconduct instituted by the Office of Disciplinary Counsel ("ODC") against...
In re Chaney - 6/25/1999
IN RE CHANEY, 99-0983 (La. 6/25/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against...
In re Hilburn - 6/18/1999
IN RE HILBURN, 99-1039 (La. 6/18/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
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Higgins v. Pitard - 6/18/1999
HIGGINS v. PITARD, 99-1053 (La. 6/18/99); ___ So.2d ___
IN RE: Louisiana Patients Comp Fund; Ä Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. "F" Number...
In re Caver - 6/4/1999
IN RE CAVER, 99-0708 (La. 6/4/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
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In re Bruscato - 6/4/1999
IN RE BRUSCATO, 99-0287 (La. 6/4/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges instituted by the Office of Disciplinary Counsel ("ODC") against...
In re Irby - 6/4/1999
IN RE IRBY, 99-0655 (La. 6/4/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from ten counts of formal charges instituted by the Office of Disciplinary Counsel ("ODC")...
Griggs v. Riverland Medical Center - 5/28/1999
GRIGGS v. RIVERLAND MEDICAL CENTER, 99-0385 (La. 5/28/99); ___ So.2d ___
IN RE: Louisiana Patients' Comp. Fund.; Ä Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number...
Lacour v. Hilti Corporation - 5/19/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT SIX
In this workers' compensation proceeding, we are called upon to address whether plaintiff's claim for compensation has...
Lacour v. Hilti Corp. - 5/18/1999
LACOUR v. HILTI CORPORATION, 98-2691 (La. 5/18/99); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT SIX
In this workers' compensation proceeding, we are...
Capel v. Langford - 4/28/1999
CAPEL v. LANGFORD, 98-1517 (La.App. 3 Cir. 4/28/99); ___ So.2d ___
This is a medical malpractice case. Ms. Mona Capel died eighteen months after undergoing surgical procedures, which included a gastrojejunostomy and a vagotomy,...
In re Gambel - 3/26/1999
IN RE GAMBEL, 99-0521 (La. 3/26/99); ___ So.2d ___
IN RE: Gambel, Gregory G.; Disciplinary Counsel; Ä Plaintiff(s); Applying for Consent Discipline;
Disbarrment ordered. See per curiam.
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In re Pardue - 3/26/1999
IN RE PARDUE, 98-3017 (La. 3/26/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
*fn* Knoll, J. not on panel. Rule IV, Part II, § 3.
This attorney disciplinary proceeding arises from formal charges instituted by...
Odom v. State ex rel Department of Health and Hospitals - 3/24/1999
In this malpractice suit, arising from the death of Joseph Paul Odom (Jojo), his adoptive parents, Mr. William M. Odom and Mrs. Ramona R. Odom, named as defendants the Pinecrest Developmental Center through the State of Louisiana, the...
Berthelot v. Travelers Insurance Co. - 3/17/1999
(Court composed of Judge Steven R. Plotkin, Judge Charles R. Jones, Judge Pro Tempore Philip C. Ciaccio)
Plaintiffs/Appellants, Jean Berthelot and others similarly situated, appeal the judgment of the trial court granting the...
Kelly v. CNA Insurance Co. - 3/12/1999
KELLY v. CNA INSURANCE COMPANY, 98-0454 (La. 3/12/99); ___ So.2d ___
Supreme Court of Louisiana
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA
We granted this writ application to...
Narcise v. Jo Ellen Smith Hospital - 3/10/1999
NARCISE v. JO ELLEN SMITH, 98-0918 (La.App. 4 Cir. 3/10/99);
Court composed of Judge MOON LANDRIEU, Judge PATRICIA RIVET MURRAY, Judge Pro Tempore JAMES A. GRAY, II.
Plaintiffs appeal the trial court's denial of their...
Arwood v. JP & Sons - 3/10/1999
ARWOOD v. J P & SONS, INC., 98-1102 (La.App. 5 Cir. 3/10/99);
Rehearing Denied April 19, 1999. West Page 526
APPEAL FROM WORKERS' COMPENSATION COMMISSION, STATE OF LOUISIANA.
Claimant, James Arwood, appeals a...
Moore v. Wal-Mart Inc. - 3/10/1999
MOORE v. WAL-MART, INC., 98-1806 (La.App. 4 Cir. 3/10/99);
Court composed of Judge MIRIAM G. WALTZER, Judge JAMES F. McKAY, III, Judge JAMES C. GULOTTA.
Plaintiffs, Dianne Moore, Juanita Grant, Walter Hughes. Brenda Cooper...
Lane Memorial Hospital v. Watson - 3/3/1999
LANE MEM. HOSPITAL v. WATSON, 98 0273 (La.App. 1 Cir. 3/3/99); ___ So.2d ___
This issue presented herein is whether a petition for damages for medical malpractice may be filed in a pending discovery proceeding initiated in...
Cenla Steel Erectors v. McDonald - 3/3/1999
CENLA STEEL v. McDONALD, 98-1355 (La.App. 3 Cir. 3/3/99); ___ So.2d ___
Clayton Travis McDonald, an injured steel worker, appeals from a judgment ordering his forfeiture of benefits for misrepresentations to a field investigator...
State v. Richardson - 3/3/1999
STATE v. RICHARDSON, 97-1995 (La.App. 4 Cir. 3/3/99); ___ So.2d ___
On January 16, 1997, the defendant, Edward Richardson, was indicted for first degree murder, a violation of La.R.S. 14:30. He was tried and convicted of second...
Billieson v. City of New Orleans - 3/3/1999
BILLIESON v. NEW ORLEANS, 98-1232 (La.App. 4 Cir. 3/3/99);
Court composed of Judge ROBERT J. KLEES, Judge WILLLAM H. BYRNES III, Judge STEVEN R. PLOTKIN.
The sole issue in this appeal is whether the trial court correctly...
Peterson v. Schimek - 3/2/1999
PETERSON v. SCHIMEK, 98-1712 (La. 3/2/99); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS
* Kimball, J., not on panel. See Rule IV, Part 2, § 3.
Lafayette Insurance Co....
T.D. v. M.M. - 3/2/1999
T.D. v. M.M.M., 98-0167 (La. 3/2/99); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD
* LEMMON, J., not on panel, recused. See Rule IV, Part 2, § 3.
This avowal action...
T.D. v. M.M.M. - 3/2/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD
This avowal action arose when P.W., the biological father of the minor child, C.M., intervened in the legal parents' custody proceeding to have...
Trahan v. McManus - 3/2/1999
TRAHAN v. McMANUS, 97-1224 (La. 3/2/99); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ACADIA
The parents of Terry Trahan filed this action to recover damages under La. Civ. Code art....
Boullt v. State Farm Mutual - 3/1/1999
BOULLT v. STATE FARM MUTUAL, 31,709 (La.App. 2 Cir. 3/1/99)
This suit arises from the death of 17-year-old Andrea Boullt, a guest passenger in a one-vehicle accident. Her divorced parents, Billy Boullt and Judy Boullt, appeal...
Scott v. American Tobacco Co. - 3/1/1999
SCOTT v. AMERICAN TOBACCO, 98-0452 (La.App. 4 Cir. 11/4/98); 725 So.2d 10
November 4, 1998
Court composed of Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY, III.
Defendants, all...
Cazes v. Parish of West Baton Rouge - 12/30/1998
CAZES v. PARISH, W. B. R., 97 2824 (La.App. 1 Cir. 12/30/98); ___ So.2d ___
This appeal, which involves a personal injury suit, addresses whether a Parish and Parish Council as owners of premises used as a polling place are...
Basco v. Dorthy R. Racine Trucking - 12/28/1998
BASCO v. DORTHY R. RACINE, 97 2740 (La.App. 1 Cir. 12/28/98); ___ So.2d ___
The salient issue raised on appeal in this personal injury action is whether the trial court erred in concluding that a self-insurance fund agreement...
Lay v. Porey - 12/28/1998
LAY v. POREY, 97 2903 (La.App. 1 Cir. 12/28/98); 727 So.2d 592
Rehearing Denied March 4, 1999
Richard Lay, an inmate in the custody of the Louisiana Department of Corrections, filed an application for a writ of habeas...
Harrison v. Shipp - 12/28/1998
HARRISON v. SHIPP, 98 0021 (La.App. 1 Cir. 12/28/98)
This appeal arises out of an automobile accident in which plaintiff's three-year-old daughter was killed. Plaintiff appeals the trial court's grant of a summary judgment which...
In re Boyd. - 12/28/1998
IN RE BOYD, 98 0052 (La.App. 1 Cir. 12/28/98)
In this action, petitioner seeks to have his sister, an absentee, declared legally dead based upon a showing that no member of petitioner's family has had any communication or...
Prestage v. Clark - 12/28/1998
PRESTAGE v. CLARK, 97 0524 (La.App. 1 Cir. 12/28/98); 723 So.2d 1086
Edward Clark appeals from various orders of the trial court made during the proceedings in his action to annul a default judgment and an action for damages...
Batson v. South Louisiana Medical Center - 12/28/1998
BATSON v. SOUTH LA. MED., 98 0038 (La.App. 1 Cir. 12/28/98); 727 So.2d 613
In this medical malpractice action, the defendants, South Louisiana Medical Center (SLMC) and the State of Louisiana, through the Department of Health and...
Bolden v. Dunaway - 12/28/1998
BOLDEN v. DUNAWAY, 97 1425 (La.App. 1 Cir. 12/28/98); 727 So.2d 597
The sole issue in this appeal is whether plaintiffs have stated a cause of action that is subject to the provisions of the Medical Malpractice Act, La. R.S....
Varnado v. Gentilly Medical Clinic for Women - 12/23/1998
VARNADO v. GENTILLY MED., 98-0264 (La.App. 4 Cir. 12/23/98);
In this case we are called upon to decide whether the trial court erred when it found that this action had been abandoned under La. C.C.P. art. 561 and dismissed it. We...
In re Fergurson - 12/18/1998
IN RE FERGURSON, 98-2591 (La. 12/18/98); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
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In re Medical Review Panel for Morgan - 12/16/1998
IN RE MORGAN, 98-1001 (La.App. 4 Cir. 12/16/98); 727 So.2d 536
Rehearing Denied January 15, 1999
Court composed of Judge ROBERT J. KLEES, Judge MOON LANDRIEU, Judge JAMES F. McKAY III.
Plaintiff Harvey J. Morgan...
Babkow v. Bart - 12/16/1998
BABKOW v. MORRIS BART, 98-0256 (La.App. 4 Cir. 12/16/98)
APPEAL FROM FIRST CITY COURT, NEW ORLEANS, STATE OF LOUISIANA, HONORABLE DOMINIC C. GRIESHABER, J.
The sole issue in this appeal is whether the trial court Judge...
Young v. Louisiana Medical Mutual Insurance Co. - 12/16/1998
YOUNG v. LOUISIANA MED., 98-522 (La.App. 5 Cir. 12/16/98)
Plaintiffs, Clint Young and Gwendolyn Gobert, individually and on behalf of their minor child Brittany Young, filed this suit against Dr. Maria Cortez and her insurer...
Tuazon v. Eisenhardt - 12/16/1998
TUAZON v. EISENHARDT, 98-666 (La.App. 5 Cir. 12/16/98)
Maria Morales Eisenhardt, widow of Floyd Eisenhardt, appeals from a decision of the trial court granting an exception of prescription, dismissing her claims with prejudice....
Bryan v. Allstate Timber Co. - 12/16/1998
BRYAN v. ALLSTATE TIMBER, 98-840 (La.App. 3 Cir. 12/16/98)
Rehearing Denied January 29, 1999.
APPEAL FROM OFFICE OF WORKERS' COMPENSATION, STATE OF LOUISIANA.
The defendant appeals a ruling of the Office of Workers'...
Favorite v. Louisiana Health Care Authority. - 12/16/1998
FAVORITE v. LA. HEALTH, 98-721 (La.App. 5 Cir. 12/16/98,)
APPEAL FROM OFFICE OF WORKERS' COMPENSATION, STATE OF LOUISIANA.
Plaintiff, Linda Favorite, appeals from a judgment in a workers' compensation case in favor of...
Kistner v. King - 12/16/1998
KISTNER v. KING, 98-641 (La.App. 5 Cir. 12/16/98)
Defendants, Ricky King, Blevins Concession Supply Company, and Royal Insurance Company, appeal the trial court's grant of a JNOV in favor of plaintiff, T.J. Kistner, awarding him...
Parks v. Baby Fair Imports Inc. - 12/16/1998
PARKS v. BABY FAIR IMPORTS, 98-626 (La.App. 5 Cir. 12/16/98)
This is a products liability suit. Plaintiffs appeal the summary judgment granted in favor of defendant, K-Mart Corporation. Keith Parks, Sr. and Terry Slaughter sued...
Lapeyrouse v. Wal-Mart Stores Inc. - 12/16/1998
LAPEYROUSE v. WAL-MART, 98-547 (La.App. 5 Cir. 12/16/98); 725 So.2d 61
Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and SUSAN M. CHEHARDY.
Defendant, Wal-Mart Stores, Inc. (Wal-Mart), appeals from a judgment...
Holt v. Cannon Express Corp. - 12/11/1998
HOLT v. CANNON EXP. CORP., 31,271 (La.App. 2 Cir. 12/11/98); 722 So.2d 433
APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, NO. 385,151, STATE OF LOUISIANA, HONORABLE CHARLES R. SCOTT, J.
This appeal arises out...
In re Pinkston - 12/11/1998
IN RE PINKSTON, 98-1926 (La. 12/11/98); ___ So.2d ___
*fn* Marcus, J. not on panel. Rule IV, Part II, § 3.
This attorney disciplinary proceeding arises from five counts of formal charges instituted by the Office of...
In re Stephens - 12/11/1998
IN RE STEPHENS, 98-2515 (La. 12/11/98); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
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Pugh v. Beach - 12/11/1998
PUGH v. BEACH, 31,361 (La.App. 2 Cir. 12/11/98); 722 So.2d 442
In this medical malpractice action, the plaintiff, Mickey Thomas Pugh, appeals a summary judgment rendered in favor of defendant, Dr. George Beach. The district court...
Evans v. Canadianoxy Offshore Production Company - 12/9/1998
EVANS v. CANADIANOXY, 98-835 (La.App. 3 Cir. 12/9/98);
Defendants-relators, CanadianOxy Offshore Production Company and Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North...
Talley v. State - 12/9/1998
TALLEY v. STATE, 31,367 (La.App. 2 Cir. 12/9/98); 722 So.2d 390
Judith Talley appeals the dismissal of her claim against the State of Louisiana, through the Department of Health and Human Resources, and Northwest Louisiana...
Barnes v. Harandi - 12/9/1998
BARNES v. HARANDI, 98-0781 (La.App. 4 Cir. 12/9/98); 727 So.2d 530
Plaintiff/appellant Joyce Barnes ("Plaintiff") filed this lawsuit individually and on behalf of her interdicted daughter, Kim Barnes, against defendants/appellees...
Richardson v. State - 12/9/1998
RICHARDSON v. STATE, 98-918 (La.App. 3 Cir. 12/9/98)
Rehearing Denied January 21, 1999.
The State of Louisiana, through the Louisiana Health Care Authority Huey P. Long Memorial Hospital, appeals a judgment against it in...
Savant v. American Central Insurance Company - 12/9/1998
SAVANT v. AMERICAN CENT. INS., 98-542 (La.App. 3 Cir. 12/9/98); 725 So.2d 43
Two questioned uninsured motorist coverages are the issues in this personal injury appeal. While employed with K & K Water in 1995, Robert Savant...
Edwards v. Fischbach & Moore - 12/9/1998
EDWARDS v. FISCHBACH & MOORE, 31,372 (La.App. 2 Cir. 12/9/98); 722 So.2d 344
APPEAL FROM THE COURT OF APPEAL, STATE OF LOUISIANA, HONORABLE PEATROSS, J.
Plaintiff, William E. Edwards, Jr. ("Edwards"), filed a disputed...
Stoute v. Long - 12/9/1998
STOUTE v. LONG, 98-683 (La.App. 3 Cir. 12/9/98)
This appeal concerns a breach of contract suit arising out of a demolition contract between Daniel Stoute and Raymond N. Long. In accordance with the terms of the contract, Long...
Launey v. Launey - 12/9/1998
LAUNEY v. LAUNEY, 98-849 (La.App. 3 Cir. 12/9/98)
Byron Levy Launey appeals the judgment of the trial court awarding $250.00 per month permanent periodic alimony to Dorothy Fadaol Launey. For the following reasons, we reverse the...
In re Medical Review Panel for Dede - 12/2/1998
IN RE MEDICAL REVIEW, DEDE, 98-2248 (La.App. 4 Cir. 12/2/98);
Rehearing Denied January 29, 1999.
On the application of defendants, Tulane University Medical Center (TUMC) and Drs. Michael Kiernan, Ralph Corsetti and Rodney...
In re Ashy - 12/1/1998
IN RE ASHY, 98-0662 (La. 12/1/98); ___ So.2d ___
LAWYER DISCIPLINARY PROCEEDINGS
This attorney disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against D....
Prejean v. Industrial Cleanup - 12/1/1998
PREJEAN v. INDUSTRIAL CLEANUP, INC., 98-0948 (La. 12/1/98); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF VERMILION
On or about December 19, 1991, Wilson Prejean was injured in the...
Causey v. St. Francis Medical Center - 8/26/1998
CAUSEY v. ST. FRANCIS M. C., 30732 (La.App. 2 Cir. 8/26/98)
The facts of this end of life drama are not materially disputed. Believing it medically and ethically inappropriate, a physician and hospital withdrew life-sustaining...
Karim v. Finch Shipping Company - 8/26/1998
KARIM v. FINCH SHIPPING CO., 97-2518 (La.App. 4 Cir. 8/26/98)
Plaintiffs appeal a judgment that granted an exception of lack of personal jurisdiction in favor of Finch Shipping Company. We convert the appeal to an application for...
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