text:
    HOTEL DIEU, et al. v. Erroll G. WILLIAMS, et al.
    No. 81-C-2628.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Erroll Williams, applying for a writ of certiorari to review to the Fourth Circuit Court of Appeal. Orleans Parish. No. 12102.

Granted.


source: Caselaw Access Project

license: Public Domain

text:
    STATE of Louisiana v. Tracy Glenn CLARK.
    No. 81-K(A)-2670.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re State of Louisiana, through the District Attorney, James L. Davis, applying for remedial writs. DeSoto Parish. No. 43321.

Granted.


text:
    STATE of Louisiana v. Charles F. WAGMOTTE.
    No. 81-K-2706.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Charles F. Wagmotte, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of St. John the Baptist. No. 29284.

Writ Granted.


text:
    STATE of Louisiana, ex rel. Robert J. KROL v. CRIMINAL DISTRICT COURT OF ORLEANS PARISH.
    No. 81-KH-2729.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Robert J. Krol, applying for writ of certiorari or review. Orleans Parish. No. 221-858.

Granted. Evidentiary hearing ordered to determine whether or not defendant was represented by counsel at time guilty plea entered.


text:
    Richard HAWKINS v. CAMPER VILLAGE, INC., et al.
    No. 81-C-2719.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Camper Village, Inc., et al., applying for writ of certiorari, and review, to the First Circuit, Court of Appeal. Parish of Livingston. 404 So.2d 508.

Denied.

DENNIS, J., would grant the writ.


text:
    STATE of Louisiana, ex rel. Tommy PORTER v. Honorable Jerome M. WINSBERG, Judge, Section “C”, Criminal District Court, and Honorable Harry F. Connick, District Attorney and State of Louisiana, et al.
    No. 81-KH-0705.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Tommy Porter, applying for reconsideration of denied writ of June 5, 1981. Parish of Orleans. Nos. 272-231 and 272-443.

“Reconsideration denied. Heretofore, when the Court denied relief on June 5, 1981, it was properly denied on the basis that there was a pending appeal. Subsequently, this Court granted a defense motion to withdraw the appeal on August 4, 1981. Therefore, the claims presented may now be considered on their merits. However, the claims must be presented anew to the district court for its consideration.”


text:
    STATE of Louisiana, ex rel., George FOURNETTE v. CRIMINAL DISTRICT COURT, SECTION “G”, PARISH OF ORLEANS.
    No. 81-KH-0315.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re George Fournette, applying for writ of mandamus. Parish of Orleans. No. 212-754.

Granted; the district judge is ordered to act on this application within 14 days.


text:
    CITY OF BASTROP v. Willie J. BOYER.
    No. 81-K-0320.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Willie J. Boyer, applying for writs of certiorari and/or review. Parish of Morehouse. No. 80-2398A.

Writ granted. Relators conviction as a second offender DWI is vacated and set aside for the reason that relator was not Boykinized when pleading guilty in his first conviction of DWI. The case is remanded for further proceedings in accordance with law.

WATSON, J., dissents.


text:
    STATE of Louisiana v. Vincent GAGLIANO and Cotton Belt Insurance Company.
    No. 81-K-2608.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Cotton Belt Insurance Company, applying for writs of certiorari, or review. Parish of Orleans. No. 273-080.

Granted. It is ordered that the bond forfeiture be set aside.


text:
    Janet AUSTIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al.
    No. 81-C-2110.
    Supreme Court of Louisiana.
    Nov. 30, 1981.
   In re Janet Austin, applying for reconsideration of denied writ.

Reconsideration La., 406 So.2d 605, denied.


text:
    STATE of Louisiana ex rel. Herbert BORNES v. Frank C. BLACKBURN, Warden, La. State Penitentiary.
    No. 81-KH-2282.
    Supreme Court of Louisiana.
    Dec. 4, 1981.
   In re Herbert Bornes, applying for writ of habeas corpus. Parish of Orleans. No. 265-530.

Denied.


text:
    STATE of Louisiana ex rel. Michael SIMMONS v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary and, the State of Louisiana.
    No. 81-KH-2320.
    Supreme Court of Louisiana.
    Dec. 4, 1981.
   In re Michael Simmons, applying for writ of habeas corpus. Parish of Orleans. No. 244-442.

Writ denied.


author: DENNIS, J.,

text:
    STATE of Louisiana ex rel. John ROBERTSON v. Frank BLACKBURN, Warden.
    No. 81-KH-2122.
    Supreme Court of Louisiana.
    Dec. 14, 1981.
   In re John Robertson, applying for remedial writs. Parish of Orleans. No. 253-611.

Writ denied.

DIXON, C. J., and CALOGERO, J., would grant.

DENNIS, J.,

would grant the writ. Since this relator has complied with what this Court said he must do to attack an improperly Boykinized out of state guilty plea, see State v. Holden, 375 So.2d 1372 (La.1979); State v. Bolton, 379 So.2d 722 (La.1979), it appears that a majority of this Court considers these holdings as either overruled or modified sub silentio, which regrettably will add to the already excessive confusion of our law in this area.


text:
    STATE of Louisiana v. Percy JONES.
    No. 81-K-2938.
    Supreme Court of Louisiana.
    Dec. 14, 1981.
   In re Percy Jones, applying for writs of certiorari. Parish of St. Tammany. Nos. 86223 and 86224.

Granted. Conviction reversed. Remanded for re-trial. La.Const.Art. 1, Sec. 19 and C.Cr.P.Art. 843 as interpretation in State v. LeBlanc, 367 So.2d 335 (La.1979).


text:
    STATE of Louisiana v. John E. SAVOIE.
    No. 81-K-2942.
    Supreme Court of Louisiana.
    Dec. 14, 1981.
   In re John E. Savoie, applying for writ of certiorari, prohibition and mandamus. Parish of St. Tammany. No. 89752.

Granted. Conviction reversed. Remanded for retrial. La.Const. art. 1, Sec. 19; C.Cr.P.art. 843; State v. LeBlanc, 367 So.2d 335 (La.1979).


text:
    Benjamin A. BERRY v. John T. KING, Secretary of Department of Corrections and Ross Maggio, Warden, State Prison.
    No. 81-K-3258.
    Supreme Court of Louisiana.
    Dec. 22, 1981.
   In re Benjamin A. Berry, applying for writ. Parish of Jefferson. No. 78-2151, Div. “B”.

Writ granted. Evidentiary hearing is ordered on relator’s application for writ of habeas corpus, pursuant to article 924 et seq. of Louisiana Code of Criminal Procedure.

MARCUS and LEMMON, JJ., dissenting from the order.

BLANCHE, J., recused.


text:
    STATE of Louisiana v. Lawrence QUIN.
    No. 81-K-3267.
    Supreme Court of Louisiana.
    Dec. 30, 1981.
   In re Lawrence Quin, applying for writs of certiorari, prohibition and mandamus. Parish of Jefferson. No. 80-3426.

Construing the trial judge’s rulings as recesses within his discretion, the writ is denied.


text:
    STATE of Louisiana v. Alberto SOSA.
    No. 81-K-3311.
    Supreme Court of Louisiana.
    Dec. 30, 1981.
   In re Alberto Sosa, applying for writs of certiorari and a stay order. Parish of Orleans. No. 285-312.

Denied.


text:
    STATE of Louisiana v. Lloyd WILLIAMS.
    No. 81-K-3325.
    Supreme Court of Louisiana.
    Jan. 5, 1982.
   In re Lloyd Williams, applying for writ of certiorari and stay order. Parish of Orleans. No. 285-318.

Denied, on the showing made.


text:
    STATE of Louisiana v. Isaac SWEENEY.
    No. 82-K-0008.
    Supreme Court of Louisiana.
    Jan. 6, 1982.
   In re Isaac Sweeney, applying for writ of review. Parish of Caddo. No. 118028.

On the showing made, denied.


text:
    STATE of Louisiana v. Colleen TARTER.
    No. 82-K-0029.
    Supreme Court of Louisiana.
    Jan. 7, 1982.
   In re Colleen Tarter, applying for remedial writs and stay order. Parish of Orleans. No. 274-694, Section B.

Writ denied.


text:
    Claude O. DUNLAP v. RED RIVER WATERWAY COMMISSION.
    No. 81-C-3229.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Red River Waterway Commission, applying for writ of certiorari, or review to the Court of Appeal, Third Circuit. Parish of Avoyelles. 405 So.2d 655.

Writ denied. The result is correct.


text:
    James R. BOSWELL, Jr. v. JOHN DEERE COMPANY, et al.
    No. 81-C-2902.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re James R. Boswell, Jr., applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Rapides. 405 So.2d 576.

Denied.

WATSON, J., would grant.


author: MARCUS, DENNIS and LEMMON, JJ„

text:
    STATE of Louisiana v. H. M. “Mike” CANNON.
    No. 81-K-3310.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re H. M. “Mike” Cannon, applying for writs of review, mandamus, certiorari and for a stay order. Parish of East Baton Rouge. No. 2-79-156.

Denied.

MARCUS, DENNIS and LEMMON, JJ„

would grant and order an evidentiary hearing on the issues of whether the employee was discharged without cause and whether the judge’s order requires the relator to reimburse back pay himself from his own funds or with public funds.


text:
    STATE of Louisiana ex rel. Anthony LEE v. Frank C. BLACKBURN, Warden.
    No. 81-KH-2561.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Anthony Lee, applying for remedial writs. Parish of Calcasieu. Nos. 12304-77, 2981-78.

Writ denied.


text:
    STATE of Louisiana, ex rel. John David HOBBS v. Frank C. BLACKBURN, Warden, Louisiana State Prison.
    No. 81-KH-2460.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re John David Hobbs, applying for writs of certiorari, review and mandamus. Parish of Orleans. No. 251-128.

Denied.


text:
    STATE of Louisiana ex rel. Richard BURT v. Frank BLACKBURN, et al.
    No. 81-KH-2098.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Richard Burt, applying for remedial writs. Parish of Jefferson. No. 77-165.

Writ denied.


text:
    STATE of Louisiana v. Steven Glenn HOLLIE.
    No. 81-K-2703.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re Steven Glenn Hollie, applying for supervisory writs of certiorari, prohibition, mandamus and for a stay order. Parish of Calcasieu. No. 2310-81.

Granted.


text:
    STATE of Louisiana v. Vincent GAGLIANO and Cotton Belt Insurance Company.
    No. 81-K-2608.
    Supreme Court of Louisiana.
    Jan. 8, 1982.
   In re State of Louisiana, through the District Attorney, Harry F. Connick, applying for reconsideration of granted writ, with order, dated November 27,1981. Orleans Parish. No. 273-080.

Rehearing denied.


text:
    Kimberly KIRKPATRICK v. CITY OF NEW ORLEANS, New Orleans Police Department James Parsons and John Doe.
    No. 81-C-3224.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Kimberly Kirkpatrick, applying for writ of certiorari or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 405 So.2d 562.

Denied.


text:
    STATE of Louisiana v. Hardy DeBOISbLANC.
    No. 81-K-2539.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Hardy DeBoisBlanc, applying for supervisory writs. Parish of Jefferson. No. 432-730(A).

Denied.


text:
    STATE of Louisiana ex rel. Donald Joe FORD v. Edwin A. LOMBARD, et al., Criminal District Court Parish of Orleans.
    No. 81-KH-2689.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Donald Joe Ford, applying for writ of mandamus. Parish of Orleans. Number unknown.

Denied.


text:
    STATE of Louisiana v. Donald Roy DANIELS.
    No. 82-K-0031.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Donald Roy Daniels, applying for writs of certiorari, prohibition and mandamus. Parish of DeSoto. Nos. 45563 and 45564.

Writ denied.


text:
    STATE of Louisiana ex rel. Gregory STEPTER v. STATE of Louisiana.
    No. 81-KH-2687.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Gregory Stepter, applying for writ of mandamus. Parish of Orleans. No. 266-459.

Denied. Moot.


text:
    STATE of Louisiana v. Milton E. BURDINE, Jr.
    No. 82-K-0028.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Milton E. Burdine, Jr., applying for writs of certiorari, review, prohibition, mandamus and for a stay order. Orleans Parish. No. 285-382.

Denied.


text:
    Barbara P. JORDAN v. Luther A. HONEA, et al.
    No. 81-C-3162.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Barbara P. Jordan, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. East Baton Rouge Parish. 407 So.2d 503.

Denied.


text:
    STATE of Louisiana v. Alex R. ROBINSON.
    No. 81-KA-2717.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Alex R. Robinson, applying for motion to remand for evidentiary hearing No. 200252. Parish of Rapides.

Denied.


text:
    STATE of Louisiana v. Walter Hiram ALLEN, Jr.
    No. 81-KA-2752.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Walter Hiram Allen, Jr., applying for motion for stay of appellate proceedings, for remand, and for directions to the District Court to entertain appellant’s motion for new trial. No. 44499. Parish of Tangipahoa.

Motion denied. Appeal pending.


text:
    STATE of Louisiana, ex rel. Waldo SHORT v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-0954.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Waldo Short, applying for writs of certiorari, prohibition, mandamus and habeas corpus. Orleans Parish.

Denied. Moot.


text:
    M. C. O’NEAL v. HOME INSURANCE COMPANY.
    No. 81-C-3103.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Home Insurance Company, applying for writ of certiorari, to the Second Circuit, Court of Appeal. Parish of Bossier. 404 So.2d 1355.

Denied.

MARCUS, BLANCHE, and WATSON, JJ., would grant.


text:
    STATE of Louisiana ex rel. Alvin HOWARD v. STATE of Louisiana.
    No. 81-KH-2473.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Alvin Howard, applying for remedial writs. Parish of Orleans. No. 185-236.

Denied.

CALOGERO and LEMMON, JJ., would grant an evidentiary hearing.


text:
    STATE of Louisiana v. Dr. Wilbert McCLAY, Jr.
    No. 81-K-2888.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Dr. Wilbert McClay, Jr., applying for supervisory writs. Parish of Iberville. No. 1966-81.

Granted in part, denied in part. Conviction affirmed. Sentence set aside and case remanded for resentencing in accordance with La.C.Cr.P.Art. 894.

DIXON, C. J., and CALOGERO, J., would grant.


text:
    Roy BERNARD v. AIR LOGISTICS, INC. and Offshore Logistics, Inc. and Houma-Terrebonne Parish Airport Commission.
    No. 81-C-3205.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Roy Bernard, applying for writ of certiorari, or review, to the Court of Appeal, First Circuit. Parish of Terrebonne. 407 So.2d 469.

Denied.


text:
    STATE of Louisiana, ex rel. Floyd K. TYLER v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2583.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Floyd K. Tyler, applying for remedial writs. Parish of Orleans. No. 268-294.

Denied.


text:
    STATE of Louisiana ex rel. Arther Lee TAYLOR v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2582.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Arther Lee Taylor, applying for remedial writs of certiorari and habeas corpus. Parish of Caddo. No. 107747.

Denied.


text:
    In re Application of Perry Perez SANCHEZ for Admission to the Louisiana Bar.
    No. 82-O-0062.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Perry Perez Sanchez, applying for admission to the Louisiana Bar.

Granted. It is ordered that petitioner be permitted to take the February, 1982 Bar Exam.


text:
    Ronald G. MELON v. CAPITAL CITY PRESS d/b/a The State Times and Morning Advocate.
    No. 81-C-3081.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Capital City Press, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 407 So.2d 85.

^ . , Denied.


text:
    Louis W. SCHLEKAU and Acorn, et al. v. Erroll WILLIAMS, Director of Finance, City of New Orleans, et al.
    No. 81-C-2722.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Louis W. Schlekau, applying for writ of certiorari, or review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 403 So.2d 76.

Denied.


text:
    Joseph B. BROWN v. Douglas WHITE, et al.
    No. 81-C-3251.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Joseph B. Brown, applying for writ of certiorari, or review, to the Fourth Circuit, Court of Appeal. Parish of St. John the Baptist. 405 So.2d 555.

Granted.


text:
    Alma LeBLANC v. STATE of Louisiana and the LOUISIANA DEPARTMENT OF HIGHWAYS.
    No. 81-C-3239.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Alma LeBlanc, applying for writ of certiorari or review, to the Court of Appeal, Third Circuit. Parish of Cameron. 405 So.2d 635.

Granted.


text:
    STATE of Louisiana v. Carey SMITH and Craig Smith.
    No. 82-K-0023.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Carey Smith and Craig Smith, applying for supervisory and remedial writs. Parish of Terrebonne. No. 112073.

Granted. Severance ordered.


text:
    Ross H. ROBERTSON, et al. v. Samuel TRAVIS, et al.
    No. 81-C-3202.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Ross H. Robertson and Dianne Robertson Hobbs, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of St. Helena. No. 15008.

Denied.


text:
    Pattie Prather DeJEAN v. Gant Nicholson DeJEAN.
    No. 81-C-3197.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Pattie Prather DeJean, applying for writs of certiorari, mandamus and prohibition and/or review. Parish of St. Landry. No. 82495.

Denied.

LEMMON, J., would grant the writ.


text:
    STATE of Louisiana v. Geraldine FRUGÉ.
    No. 81-K-3208.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re State of Louisiana, through the District Attorney Greg Arnette, applying for writ of review. Parish of Jefferson Davis. No. CR-2247-80.

Granted. Ruling is set aside. The motion to amend the indictment is granted, reserving to defendant the right to seek new bill of particulars.


text:
    STATE of Louisiana ex rel., Grady J. HARRIS v. STATE of Louisiana.
    No. 81-KH-3129.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Grady J. Harris, applying for remedial writs. Parish of Bossier.

Application for new appointment of counsel denied. Request for extension of time to file brief is moot inasmuch as the brief has been filed. Pending application for rehearing will be taken up in due course.


text:
    STATE of Louisiana v. Jerry Paul BROUSSARD.
    No. 81-K-3175.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Jerry Paul Broussard, applying for writs of certiorari, prohibition, mandamus and stay order. Acadia Parish. No. 34188.

Writ Granted.


text:
    James D. DAVIS v. Jane Thompson DAVIS.
    No. 81-C-3255.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re James D. Davis, applying for writ of certiorari, to the Third Circuit, Court of Appeal. Parish of Rapides. 405 So.2d 594.

Denied. The result is correct.


text:
    Michael E. CORCORAN v. PARISH OF JEFFERSON, and Director of the Department of Public Utilities.
    No. 81-C-3256.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Parish of Jefferson, and Director of the Department of Public Utilities, applying for writ of certiorari or review, to the Fourth Circuit, Court of Appeal. Parish of Jefferson. 405 So.2d 667.

Denied.


text:
    Lloyd A. HEBERT v. UNION OIL COMPANY OF CALIFORNIA and Charles J. Bergeron.
    No. 81-C-3253.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Union Oil Company of California, applying for writ of review, to the First Circuit, Court of Appeal. Parish of Terrebonne. 405 So.2d 1135.

Denied.

BLANCHE, J., would grant the writ.


text:
    John E. THIBAUT, et al. v. David THIBAUT, et al.
    No. 81-C-3260.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Thibaut Farmlands B, applying for writs of certiorari or review, to the Court of Appeal, First Circuit. Parish of Assumption. 407 So.2d 466.

Denied.


text:
    Al J. BELAIRE v. Joseph VANDERBROOK, Jr., et al.
    No. 81-C-3264.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Joseph Vanderbrook, Berwick Bay Oil Company and The Continental Insur-anee Company, applying for writ of certio-rari or review, to the Court of Appeal, First Circuit. Parish of St. Mary. 405 So.2d 1143.

Denied.

BLANCHE, J., to grant.


text:
    Barbara P. JORDAN v. Luther A. HONEA, et al.
    No. 81-C-3281.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Luther A. Honea, et al., applying for writ of certiorari or review, to the First Circuit, Court of Appeal. Parish of East Baton Rouge. 407 So.2d 503.

Denied.

LEMMON, J., would grant.


text:
    Helen Ann FOSTER v. HOUSTON GENERAL INSURANCE COMPANY; Inez Grant; Morehouse Parish School Board; Horace Mann Insurance Company; and Lloyd Gray.
    No. 81-C-3087.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Horace Mann Insurance Company, Inez Grant, and Lloyd Gray, applying for certiorari or writ of review, to the Court of Appeal, Second Circuit. Parish of Morehouse. 407 So.2d 759.

Writ denied.

MARCUS, LEMMON and BLANCHE, JJ., would grant.


text:
    STATE of Louisiana, ex rel. Louis MITCHELL v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
    No. 81-KH-3053.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Louis Mitchell, applying for writ of mandamus. Parish of Orleans. Nos. 195-491 and 195-533.

Granted. Judge Shea is ordered to act on relator’s application and forward a copy of the ruling to this Court within 14 days of this date.


text:
    STATE of Louisiana ex rel. James Oliver RAPHIEL v. Donald R. GUILLORY, Custodian.
    No. 81-KH-2764.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re James Oliver Raphiel, applying for writs of certiorari, prohibition and mandamus. Parish of Caddo. No. 101-563-HC.,

Writ denied.


text:
    STATE of Louisiana ex rel. Charles Roy WALKER v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2728.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Charles Roy Walker, applying for writs of certiorari and review. Parish of Concordia. No. 76-2212.

Granted. Out of time appeal ordered. Trial judge is directed to appoint counsel.


text:
    STATE of Louisiana ex rel. Robert F. HYMAN v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 81-KH-2758.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Robert F. Hyman, applying for remedial writs. Parish of Jefferson. No. 78-2650.

Denied.


text:
    STATE of Louisiana v. Jerry B. PITTMAN.
    No. 81-K-2753.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Jerry B. Pittman, applying for supervisory writs of mandamus, certiorari and review, and stay order. Parish of Iberville. No. 2696-80.

Denied.


text:
    STATE of Louisiana ex rel. Albert McCLOUD v. STATE of Louisiana, CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA.
    No. 81-KH-1957.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Albert McCloud, applying for writs of mandamus. Parish of Orleans. Number unknown.

Granted. Trial judge ordered to act on relator’s habeas application within fourteen (14) days of this order.


text:
    STATE of Louisiana ex rel. James Ervin EZELL v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 81-KH-2740.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re James Ervin Ezell, applying for writs of habeas corpus, certiorari, prohibition and mandamus. Parish of Ouachita. No. 39341.

Denied.


text:
    STATE of Louisiana ex rel. Tyronne J. FORREST v. Frank BLACKBURN, Warden of Angola State Penitentiary and Frank Shea, Criminal District Court Judge of Section “G”.
    No. 81-KH-1927.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Tyronne J. Forrest, applying for writ of habeas corpus. Parish of Orleans. No. 269-672.

Writ granted. An out of time appeal is hereby ordered. It is further ordered that the trial court appoint counsel to represent relator on this appeal.


text:
    STATE of Louisiana ex rel. Charles UNGER, III v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 81-KH-2690.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Charles Unger, III, applying for remedial writs. Parish of Orleans. No. 260-268.

Denied.


text:
    STATE of Louisiana v. Joseph ALEXANDER, Jr.
    No. 82-K-0076.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Joseph Alexander, Jr., applying for writs of certiorari, prohibition, and mandamus. Parish of Madison. No. 34652.

Denied.


text:
    STATE of Louisiana ex rel. Micheal SIMMONS v. Criminal District Court Judge Jerome WINSBERG, Seven Supreme Court Justices, Ross Maggio, Warden, Louisiana State Penitentiary, et al.
    No. 81-KH-2320.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Micheal Simmons, applying for reconsideration of denied writ of December 4, 1981. Parish of Orleans. No. 244-442.

Not considered. This application directed to the U.S. Supreme Court was improvidently filed in this Court.


text:
    FIRST NATIONAL BANK OF COMMERCE v. Benjamin BERNARD.
    No. 81-C-3233.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Benjamin Bernard, applying for writ of certiorari, or review, to the Fourth Circuit, Court of Appeal. Parish of Orleans. 398 So.2d 1293 and 396 So.2d 1010.

Denied.


text:
    Amy E. DILLON, et al. v. HOSPITAL AFFILIATES OF BATON ROUGE d/b/a Doctors’ Memorial Hospital.
    No. 81-C-3225.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Hospital Affiliates of Baton Rouge d/b/a Doctors’ Memorial Hospital, et al., applying for writ of certiorari or review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 407 So.2d 493.

Writ denied.

MARCUS and LEMMON, JJ., would grant.


text:
    STATE of Louisiana ex rel. Travis HALL v. CLERK OF COURT, RAPIDES PARISH NINTH JUDICIAL DISTRICT COURT.
    No. 81-KH-2684.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Travis Hall, applying for remedial writs. Parish of Rapides. No. 167-311.

Denied.


text:
    Barbara P. JORDAN v. Luther HONEA, et al.
    No. 81-C-3287.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Continental Casualty Company, applying for writ of certiorari, or review, to the First Circuit, Court of Appeal. Parish of East Baton Rouge. No. 14401.

Denied.

LEMMON, J., would grant.


text:
    STATE of Louisiana ex rel. John Everette HARRELL v. Frank C. BLACKBURN, Warden.
    No. 81-KH-2669.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re John Everette Harrell, applying for remedial writs. Parish of Terrebonne. Nos. 89888 and 90428.

Denied.


text:
    STATE of Louisiana v. Johnny CEASAR.
    No. 81-K-3257.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Johnny Ceasar, applying for writs of certiorari, prohibition, mandamus and review. Parish of Calcasieu. No. 10898-81.

Denied. Adequate remedy by appeal in the event of conviction.


text:
    STATE of Louisiana ex rel. Errol BERNARD v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 81-KH-2657.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Errol Bernard, applying for writ of certiorari, prohibition, mandamus or habeas corpus. Parish of Orleans. No. 249-257.

Denied.


text:
    Patricia COURTNEY v. WINN-DIXIE, LOUISIANA INC.
    No. 81-C-3250.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Patricia Courtney, applying for supervisory writs. Parish of Jefferson. No. 256-969.

Writ denied.


text:
    STATE of Louisiana ex rel. Walter MARTIN v. Oliver P. SCHULINGKAMP, Judge Section F Orleans Parish Criminal Court.
    No. 81-KH-2656.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Walter Martin, applying for writs of certiorari, prohibition and mandamus. Parish of Orleans. No. 272-043.

Writ denied.


text:
    Emmette J. GREMILLION v. BABST SERVICES, INC., and U. S. F. & G. Insurance Company.
    No. 81-C-3201.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Emmette J. Gremillion, applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 405 So.2d 675.

Granted.


text:
    STATE of Louisiana ex rel. Ernest FREEMAN, Jr. v. Honorable Charles R. WARD, Judge Criminal District Court Parish of Orleans.
    No. 81-KH-2653.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Ernest Freeman, Jr., applying for remedial writs. Parish of Orleans. No. 198814.

Denied.


text:
    STATE of Louisiana v. James Earl SPIKES.
    No. 81-K-3245.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re James Earl Spikes, applying for writ of certiorari, prohibition, mandamus and stay order. Parish of Washington. Nos. 27171 and 27172.

Denied, since the trial judge reserved defendant’s right to apply for a new trial.


text:
    Bertha Dedon ANDROWSKI, et al. v. OLE McDONALD’S FARMS, INC.
    No. 81-C-3198.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Ole McDonald’s Farms, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 407 So.2d 455.

Denied.

MARCUS, J., would grant.


text:
    STATE of Louisiana ex rel. Lloyd WASHINGTON v. CLERK OF COURT CRIMINAL DISTRICT COURT PARISH OF ORLEANS.
    No. 81-KH-2648.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Lloyd Washington, applying for writ of certiorari, prohibition, mandamus or habeas corpus. Parish of Orleans. No. 256-349.

Denied.


text:
    Virginia SEREAN, et al. v. SCHWEGMANN BROTHERS GIANT SUPER MARKETS, INC.
    No. 81-C-3243.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Schwegmann Brothers Giant Super Markets, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of St. Bernard. No. 12210.

Denied.

BLANCHE, J., would grant.


text:
    STATE of Louisiana ex rel. Paul Harry HOWARD v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2636.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Paul Harry Howard, applying for remedial writs. Parish of East Baton Rouge. No. 75011.

Denied.


text:
    MARSH BUGGIES, INC. v. BAYOU LAND & EXPLORATION CO., INC.
    No. 81-C-3241.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Marsh Buggies, Inc., applying for writ of certiorari or review, to the Third Circuit, Court of Appeal. Parish of Lafayette. No. 8403.

Denied.

CALOGERO, J., to grant.


text:
    STATE of Louisiana, ex rel. Willie D. RICHMOND v. W. A. PORTER, Clerk of Court Eleventh Judicial District Court, DeSoto Parish.
    No. 81-KH-2617.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Willie D. Richmond, applying for writ of mandamus. DeSoto Parish. No. 22705.

Writ denied.


text:
    STATE of Louisiana v. Jerron W. PLATER.
    No. 81-K-3238.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Jerron W. Plater, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of Caddo. No. 119855.

Denied.


text:
    STATE of Louisiana, ex rel. Billy DARENSBURG v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2616.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Billy Darensburg, applying for writ of certiorari. Parish of Jefferson. No. 78-976.

Denied.


text:
    Drs. Rudolph J. BOURGEOIS and Francisco J. Soler v. Drs. Raymond A. SCHWARZ, et al.
    No. 81-C-3234.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Drs. Rudolph J. Bourgeois and Francisco J. Soler, applying for supervisory writs of certiorari, prohibition and mandamus. Parish of Orleans. No. 81-11385.

Denied.

MARCUS, BLANCHE and LEMMON, JJ., to grant.


text:
    STATE of Louisiana, ex rel. Willie CHAISSON v. Ross MAGGIO, Jr., Warden, Hunt Correctional Center.
    No. 81-KH-2615.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Willie Chaisson, applying for supervisory writs, writs of certiorari, habeas corpus and mandamus. Parish of Lafayette. No. 41489.

Denied.


text:
    Kenneth W. EWING, et al. v. Clinton C. AUBERT, et al.
    No. 81-C-3212.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Clinton C. Aubert, et al., applying for supervisory, certiorari and review writs, to the 19th Judicial District Court. Parish of East Baton Rouge. Nos. 232762 and 232763.

Writ denied.


text:
    STATE of Louisiana, ex rel. Leslie C. COLLINS v. Frank C. BLACKBURN, Warden Louisiana State Penitentiary.
    No. 81-KH-2614.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Leslie C. Collins, applying for motion for leave to proceed in forma pauperis and petition for writ of habeas corpus. Parish of Orleans. No. 256-630.

Denied.


text:
    STATE of Louisiana ex rel., Alvin DANIELS Louisiana State Penitentiary v. Frank BLACKBURN, Warden.
    No. 81-K-3209.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Alvin Daniels, applying for writs of certiorari, prohibition and mandamus. Parish of Tangipahoa. No. 40816.

Denied.

CALOGERO, and LEMMON, JJ., would grant an evidentiary hearing as to Assignment of Error No. 1.


text:
    STATE of Louisiana ex rel., Albert CLARK v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Angola, Louisiana.
    No. 81-KH-2591.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Albert Clark, applying for writs of certiorari, mandamus and/or review. Parish of Orleans. Number unknown.

Denied.


text:
    STATE of Louisiana ex rel. Herbert BORNES v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary and Criminal District Court Judge Matthew S. Braniff; Seven Supreme Court Justices, et al.
    No. 81-KH-2282.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Herbert Bornes, applying for reconsideration of denied writ of December 4, 1981. Parish of Orleans. No. 265-530.

Not considered; this application, directed to the U. S. Supreme Court was improvidently filed in this Court.


text:
    L. & L. SANDBLASTING, INC. v. AMERICAN SOUTHERN INSURANCE COMPANY.
    No. 81-C-3248.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re L. & L. Sandblasting, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge. 407 So.2d 482.

Denied.

DIXON, C. J., would grant.


text:
    Phillip Nelson GARRETT v. John Leo GAYLE, William Joseph Gayle, Phillip Anthony Gayle, and Mrs. Henrietta M. Gayle.
    No. 81-C-3249.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re John Leo Gayle, William Joseph Gayle, Phillip Anthony Gayle and Mrs. Henrietta M. Gayle, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Calcasieu. 405 So.2d 622.

Denied.


text:
    Clarence J. KELLY v. VIOLET PACKING COMPANY and United States Fidelity and Guaranty Insurance Company.
    No. 81-C-3252.
    Supreme Court of Louisiana.
    Jan. 18, 1982.
   In re Violet Packing Company, et al., applying for writ of certiorari, or review to the Court of Appeal, Fourth Circuit. Parish of St. Bernard. 405 So.2d 542.

Denied.

BLANCHE, J., to grant.


text:
    STATE of Louisiana, ex rel. Stanley Jonas DUNN v. Hon. Israel M. AUGUSTINE, Jr., Judge, Criminal District Court, Section “I”, Parish of Orleans, New Orleans, Louisiana.
    No. 81-KH-1263.
    Supreme Court of Louisiana.
    Jan. 25, 1982.
   In re Stanley Jonas Dunn, applying for writ of mandamus. Parish of Orleans.

Granted; the district court is ordered to act promptly on the habeas corpus petition filed there on January 12, 1981.


text:
    STATE of Louisiana v. Michael COLE.
    No. 81-K-2647.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Michael Cole, applying for writ of review. Parish of East Baton Rouge. No. 14602.

Denied.


text:
    STATE of Louisiana v. John A. LALANNE.
    No. 81-K-2680.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re John A. Lalanne, applying for writs of certiorari. Parish of Calcasieu. Nos. 2558-81 and 2559-81.

Denied.

CALOGERO, J., would grant the writ.


text:
    STATE of Louisiana v. Frank GEORGE.
    No. 81-K-2695.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Frank George, applying for writs of certiorari, prohibition, mandamus and a stay order. Parish of Caddo. No. 119005.

Denied.

DENNIS, J., would grant the writ.


text:
    STATE of Louisiana, ex rel. Stephen GRIFFIN v. Leroy LECOMPTE, Warden, Thibodaux House of Detention, et al.
    No. 81-K-2709.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Stephen Griffin, applying for writ of .certiorari and review. Parish of La-Fourche. No. 97591.

Denied.


text:
    STATE of Louisiana v. Thomas Paul MACEK.
    No. 81-K-2712.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Thomas Paul Macek, applying for writ of review. Parish of Bossier. No. 49738.

Writ denied.

CALOGERO and DENNIS, JJ., would grant the writ.


text:
    STATE of Louisiana ex rel. Larry LEE & Carlton Blue v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2731.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Larry Lee, applying for writ of mandamus. Parish of Lafayette. No. 42319.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Joseph WOODS v. Judge Matthew BRANIFF, Section “B”, Criminal District Court, Parish of Orleans.
    No. 81-KH-2767.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Joseph Woods applying for writ of mandamus. Parish of Orleans. Nos. 269-488 and 269-497.

Denied.


text:
    STATE of Louisiana v. Mary GUILLORY.
    No. 81-K-2944.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Mary Guillory, applying for writs of certiorari, prohibition and mandamus and a stay order. Parish of Calcasieu. No. 79-298-A.

Denied.


text:
    STATE of Louisiana v. Edwin J. RACINE.
    No. 81-K-2679.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Edwin J. Racine, applying for writs of certiorari, prohibition, mandamus, and stay order. Parish of Grant. No. 37580.

Denied. Stay order recalled.

LEMMON, J., would grant the writ.


text:
    STATE of Louisiana v. Joseph A. FOS.
    No. 81-K-2873.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Joseph Fos, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of St. Bernard. No. 62-908.

Denied. Stay order recalled.

DIXON, C. J., CALOGERO and DENNIS, JJ., would grant the writ.


text:
    STATE of Louisiana ex rel. Robert G. ROCKY v. Frank C. BLACKBURN, Warden.
    No. 81-KH-2175.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Robert G. Rocky, applying for writs of mandamus. Parish of Orleans. No. 260-796.

Denied. Moot.


text:
    STATE of Louisiana ex rel. Clarence J. ALFRED v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, et al.
    No. 81-KH-2192.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Clarence J. Alfred, applying for writs of certiorari, prohibition, mandamus and habeas corpus. Parish of Orleans. No. 238-293, Section D.

Denied.


text:
    STATE of Louisiana, ex rel. Clarence DORSEY v. Hayden J. DEES, Warden, Dixon Correctional Institute.
    No. 81-KH-2195.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Clarence Dorsey, applying for writ of certiorari. Parish of Orleans. No. 271-900.

Denied.


text:
    STATE of Louisiana ex rel. Helen R. FISHER v. STATE of Louisiana.
    No. 81-KH-2215.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Helen R. Fisher, applying for remedial writs. Parish of Calcasieu. No. 11876.

Writ denied.


text:
    STATE of Louisiana ex rel. Daniel E. GROVE v. Frank BLACKBURN, Warden, La. State Penitentiary.
    No. 81-KH-2219.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   . In re Daniel E. Grove, applying for remedial writs'. Parish of Orleans. No. 259-956.

Denied.


text:
    STATE of Louisiana, ex rel. Jerry DAVENPORT v. STATE of Louisiana.
    No. 81-KH-2239.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Jerry Davenport, applying for remedial writs. Parish of Orleans. No. 278-734.

Denied.


text:
    Harvey Clinton HUGHES, Betty Lou Hughes Martin, Pauline Hughes Braase, Hubert L. Hughes, Elsie J. Hughes Granger, Chester B. Hughes, Edith Hughes Gill, Shirley Ann Hughes McClendon, Harvey Clinton Hughes, Jr., Arthur Wayne Hughes and Ronald Joe Hughes v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY.
    No. 81-C-2414.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Harvey Clinton Hughes, et al., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of East Baton Rouge.

Denied.

WATSON and LEMMON, JJ., would grant the writ.


text:
    CAMERON STATE BANK v. AMERICAN EMPLOYERS’ INSURANCE COMPANY.
    No. 81-C-2453.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re American Employers’ Insurance Company, applying for writs of certiorari or review, to the Court of Appeals, Third Circuit. Parish of Cameron. 401 So.2d 1090.

Writ denied.

MARCUS and LEMMON, JJ., would grant the writ.

WATSON, J., recused.


text:
    Clyde E. ADKINS v. DEPARTMENT OF TRANSPORTATION, State of Louisiana, Formerly the Department of Highways.
    No. 81-C-2641.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Clyde E. Adkins, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Washington. 388 So.2d 113.

Writ denied.


text:
    Richard HAWKINS v. CAMPER VILLAGE, INC., et al.
    No. 81-C-2662.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Richard Hawkins, applying for certiorari, or writ of . review, Court of Appeal, First Circuit. Parish of Livingston. 404 So.2d 508.

Denied.

DENNIS, J., would grant the writ.


text:
    GREENLEAF PLANTATION, INC. v. John P. KIEFFER and Arnold R. Kilpatrick.
    No. 81-C-2674.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re John P. Kieffer and Arnold R. Kilpatrick, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Grant. 403 So.2d 100.

Denied.

DENNIS and BLANCHE, JJ., would grant the writ.


text:
    WALLACE C. DRENNAN, INC. v. Louis HAEUSER and National Lumber and Demolishing Co. Inc.
    No. 81-C-2682.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Wallace C. Drennan, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Jefferson. 402 So.2d 771.

Denied.

CALOGERO, J., would grant the writ.


text:
    Glenn VASCOCU v. Gerald SINGLETARY, et al.
    No. 81-C-2704.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Western World Insurance Company, applying for writ of certiorari, or writ of review, to the Court of Appeal, Third Circuit. Parish of Natchitoches. 404 So.2d 301.

Writ denied.


text:
    STATE of Louisiana v. Eddie PHILLIPS.
    No. 81-K-2763.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Eddie Phillips applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Grant. No. 36950.

Granted.


text:
    LOUISIANA STATE BAR ASSOCIATION v. Dudley A. PHILIPS, Jr.
    No. 81-0-2512.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Dudley A. Philips, Jr., applying for amendment of date in order of November 16, 1981, and request for consideration of mover’s application for reinstatement to the practice of law. Parish of Orleans. No. 252-061.

November 16, 1981 order amended to show date of relator’s suspension as September 14, 1976. Request for reinstatement is referred to LSBA for consideration.


text:
    STATE of Louisiana ex rel. Nadine AUSTIN v. John KING, Secretary of Corrections, Louisiana Department of Corrections.
    No. 81-KH-2877.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Nadine Austin, applying for remedial writs. Parish of Orleans. No. 273-727.

Application transferred to District Court for action.


text:
    STATE of Louisiana ex rel. Shedrick NOBLE v. Judge Oliver P. SCHULINGKAMP.
    No. 81-KH-1037.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Shedrick Noble, applying for writs of mandamus. Parish of Orleans. No. 242-872.

Granted. The trial court is ordered to act on relator’s writ application within 30 days.


text:
    STATE of Louisiana ex rel. Oscar LEE v. Judge Frank SHEA, Criminal District Court, Parish of Orleans.
    No. 81-KH-1929.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Oscar Lee, applying for writ of mandamus. Parish of Orleans. No. 220-627.

Granted. Trial court is ordered to act on application within 14 days.


text:
    STATE of Louisiana ex rel. Charles PETITE v. The CRIMINAL DISTRICT COURT, SECTION “H”, PARISH OF ORLEANS.
    No. 81-KH-1962.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Charles Petite, applying for writ of mandamus. Parish of Orleans.

Granted and transferred to the Criminal District Court for action.


text:
    STATE of Louisiana ex rel. Lawrence ADAMS, Jr. v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.
    No. 81-KH-2114.
    Supreme Court of Louisiana.
    Nov. 27, 1981.
   In re Lawrence Adams, Jr., applying for writs of mandamus, habeas corpus, certiorari, or prohibition. Parish of Orleans. Nos. 241-468 and 251-468.

Writ granted. Evidentiary hearing ordered on relator’s contentions.


author: LOTTINGER, Judge.

text:
    Guy VERNON v. AETNA LIFE & CASUALTY INSURANCE COMPANY, et al.
    No. 14443.
    Court of Appeal of Louisiana, First Circuit.
    Dec. 22, 1981.
    Rehearing Denied Feb. 18, 1982.
    Jerome Friedman, Metairie, for plaintiff.
    Iddo Pittman, Hammond, for defendant.
    Before ELLIS, LOTTINGER and PONDER, JJ.
   LOTTINGER, Judge.

This is a workmen’s compensation case. From a trial court judgment dismissing plaintiff’s suit, plaintiff has appealed.

FACTS

On February 9, 1978, plaintiff, Guy Vernon (a self-employed person engaged in cutting and hauling pulp wood), injured his back while attempting to free his saw which was caught in a tree limb. Defendants, Triangle Timber, Inc. and Aetna Casualty and Surety Company admit the accident and injury but deny the injuries are permanent. Plaintiff sells his timber to defendant Harmon Hyde, .who in turn sells to Triangle. Plaintiff reported his accident to Hyde who sent him to Dr. Carlton Faller.

After three visits Dr. Faller diagnosed a lumbar disc herniation and referred plaintiff to Dr. John R. Clifford, a neurosurgeon.

Dr. Clifford examined plaintiff on February 22, 1978, and hospitalized him for conservative treatment from February 25 to March 1. Diagnosis at time of discharge from the hospital was a lumbar disc rupture. Plaintiff was readmitted to the hospital from May 16 to May 18 because of continued pain. Dr. Clifford saw plaintiff several times later on until he sent plaintiff back to work without restriction on June 14, and finally discharged plaintiff on August 17, 1978, to return to his former occupation, finding plaintiff’s back had healed to within normal limits.

Lastly, plaintiff was examined by Dr. Stuart I. Phillips, an orthopedic surgeon, on February 16, 1979. At this time plaintiff complained of pain in his back and down his right leg associated with numbness and tingling. Dr. Phillips reported that plaintiff’s symptoms were worsened with activity and assigned a 10 percent disability rating based on the fact that in plaintiff’s line of work a recurrence would be very likely as would be pain with lifting and stooping. The doctor explained that 10 percent disability meant plaintiff should perform only light industrial tasks and could not do repetitive heavy lifting, bending or stooping. He additionally found that it would be unlikely for a 53-year-old man to completely recover from this type of injury.

Plaintiff testified that he was unable to work full time and that his children did most of the work for him. His wife confirmed this testimony and stated that he suffered at night and that he did not help out around the house as much as he did prior to the accident.

FINDINGS OF THE TRIAL COURT

The trial court concluded that plaintiff was not totally and permanently disabled, but that he did have disability of 10 percent of his total body function.. The trial judge further concluded that as of the date compensation payments were terminated, plaintiff had fully recovered and was able to return to his employment, even though he was slightly hampered.

SPECIFICATION OF ERROR

Plaintiff-appellant contends that the trial court was in error in failing to find him totally and permanently disabled after finding a 10 percent total body function disability. Additionally plaintiff-appellant contends that the trial court erred in failing to apply the doctrine of “odd lot” workers to his claim.

The only expert witness who found any disability on the part of the plaintiff at the time that he returned to work or subsequent thereto was Dr. Phillips who awarded a 10 percent total body function disability. This is the same disability found by the trial judge, except that the trial judge was of the opinion that even with a 10 percent disability of tot^l body function plaintiff was fully recovered so as to return to his normal occupation. This, we are of the opinion, is where the trial judge fell into error. To accept the 10 percent disability figure as found by Dr. Phillips but to refuse to accept the explanation by the medical expert of what that 10 percent disability consists is manifestly erroneous and clearly wrong. It is unquestioned that the repeated bending and stooping inherent in plaintiff’s occupation will cause plaintiff a certain amount of pain. Under the “odd lot” doctrine, a worker who cannot return to any gainful employment without suffering substantial pain is entitled to compensation benefits for total disability. Wilson v. Ebasco Services, Inc., 393 So.2d 1248 (La.1981); Whitaker v. Church’s Fried Chicken, Inc., 387 So.2d 1093 (La.1980).

Cases involving substantial pain should be analyzed within the framework of the “odd lot” doctrine adopted by the Louisiana Supreme Court in Oster v. Wetzel Printing, Inc., 390 So.2d 1318 (La.1980). However, the instant case was tried on January 23, 1980, whereas Oster was handed down on November 10, 1980. Thus it is apparent that at the trial of the instant case neither side could have been aware of the “odd lot” doctrine not yet adopted in this state. Considering that with a 10 percent disability function of the total body, repeated heavy lifting, bending and stooping are not recommended for the plaintiff, and considering that the plaintiff’s occupation entails these activities every day, this court is convinced that plaintiff suffers substantial pain as a result of his endeavors to return to his normal job function. Thus, we are of the opinion that this case is ripe to determine whether plaintiff falls within, the “odd lot” doctrine, i.e., whether the plaintiff’s physical condition (including the amount of pain he suffers), combined with his mental capacity, education, training, age, and other factors render plaintiff an “odd lot” in the labor market, whose services are so limited in quality, dependability, or quantity that a reasonably stable market for his services does not exist. See Lattin v. HICA Corporation, 395 So.2d 690 (La.1981). Therefore, we remand this matter to the trial court for the limited purpose of receiving testimony and evidence to determine whether plaintiff falls within the “odd lot” doctrine. La.C. C.P. art. 2164.

Therefore, for the above and foregoing reasons this matter is remanded for further proceedings consistent with the views expressed hereinabove. Costs of this proceeding are assessed to defendants-appellees.

REMANDED.


author: COLE, Judge.

text:
    Carl A. HODGE, d/b/a Crazy Dave’s Fireworks v. RED ROCKETS FIREWORKS COMPANY, INC., David W. Moore and Daniel H. Aycock.
    No. 14487.
    Court of Appeal of Louisiana, First Circuit.
    Dec. 22, 1981.
    Rehearing Denied Feb. 18, 1982.
    Gregory C. Smith, Carolyn A. Ingraham, New Orleans, for plaintiff, appellant.
    Curtis M. Baham, Hammond, for defendants, appellants.
    Before COVINGTON, EDWARDS and COLE, JJ.
   COLE, Judge.

This is an action for injunctive relief brought by Carl Hodge, d/b/a Crazy Dave’s Fireworks, against Red Rockets Fireworks Company, Inc., and David W. Moore and Daniel H. Aycock, stockholders of Red Rockets, to restrain defendants from using the trade name “Crazy Dave’s Fireworks”. Plaintiff also seeks damages for the allegedly improper use of its trade name. The trial court issued a temporary restraining order and Red Rockets continued to do business under the slightly different trade name of “Crazy Dan’s Fireworks”. The trial court after trial on the merits then issued a permanent injunction enjoining defendants from using the trade name “Crazy Dave’s Fireworks” or any imitation thereof in St. Bernard, St. Tammany, and Washington Parishes. Damages were denied as being speculative. Both plaintiff and defendants have appealed. We reverse the judgment of the trial court in its grant of a permanent injunction, and affirm in its denial of damages.

Moore and Aycock formed a corporation in July 1976 bearing the name Red Rockets Fireworks Company, Inc. The corporation operated as a fireworks importer and seller. In July 1976 Red Rockets opened a fireworks stand in Missouri which was called Crazy Dave’s. The corporation thereafter opened fireworks stands in Arkansas also under the name of Crazy Dave’s. The corporation has advertised widely as Crazy Dave’s in Missouri, Arkansas, and Louisiana.

In December of 1976, Red Rockets hired plaintiff Carl Hodge as an employee to operate a fireworks stand in Slidell, Louisiana as Crazy Dave’s. The stand was placed on land owned by Carl Hodge’s father, David Hodges, near an exit from the Interstate in Slidell.

There are only two seasons in Louisiana in which fireworks stands are operated, near the Christmas season and near the Fourth of July.

In July of 1977, Daniel Aycock, David Moore and Carl Hodges formed a partnership by unwritten agreement to sell Red Rockets fireworks under the name “Crazy Dave’s”. They continued to do business as before on David Hodge’s land, and it appears from some testimony that David Hodge may have been a partner as well.

In December of 1978 Aycock and Moore entered into an agreement to sell the fireworks stand to Carl Hodge. They listed in writing physical items that were included in the verbal agreement of sale, such as the stand and signs, but none of the parties either mentioned or discussed sale of the trade name Crazy Dave’s. A written document was prepared by Carl Hodge’s sister which was signed by Carl Hodge and David Moore, but not by Daniel Aycock, which stated:

“On the 19th of Dec. Crazy Dave’s Firework (sic) was sold to Carl A. Hodge. For the sum of

It appears that the sales price was entered later, as Moore’s copy, which was a carbon copy, contained no sales price.

Carl Hodge continued to operate the stand as Crazy Dave’s, and bought fireworks from Red Rockets, which operated in this case solely as a wholesaler. In the meanwhile, Red Rockets opened retail outlets under the name Crazy Dave’s in Lafayette Parish and Tangipahoa Parish. Also, Carl Hodge opened a fireworks stand in Chalmette under the name Crazy Dave’s. As Carl Hodge continued to purchase Red Rockets fireworks, Red Rockets voiced no objection to Hodge’s use of the trade name Crazy Dave’s. In January 1979 Hodge registered the trade name “Crazy Dave’s” with the Louisiana Secretary of State.

Hodge’s purchases from Red Rockets in preparation for the July 1980 fireworks season dropped off drastically, and on April 9, 1980, Hodge was notified by defendants’ attorney to discontinue use of the trade name Crazy Dave’s. In the July 1980 season, defendants opened a fireworks stand under the trade name Crazy Dave’s near the same Slidell exit where Hodge operated a fireworks stand under the same name. Hodge and defendants both advertised under the same business name and the advertisements could easily have caused confusion among potential customers. In any event, Hodge’s business dropped off substantially. As a result, Hodge filed the present suit.

The trial court found, as do we, that the December 1978 sale from the partnership to Hodge did not constitute a transfer of the trade name Crazy Dave’s. The trade name was not specifically mentioned or transferred. The written document prepared by Hodge’s sister did not mention a transfer of the trade name, and it is of doubtful efficacy, as it was not signed by Daniel Aycock, who was one of the vendor partners. A trade name and good will must be expressly transferred to effect a transfer of those items. Metalock Corp. v. Metal-Locking of Louisiana, Inc., 260 So.2d 814 (La.App. 4th Cir. 1972), writ refused 262 La. 189, 262 So.2d 788 (1972). As the trade name Crazy Dave’s was never expressly transferred, Red Rockets continued to hold that name.

The registry of the trade name Crazy Dave’s by Hodge with the Louisiana Secretary of State conferred no exclusive right upon Hodge to use of the trade name Crazy Dave’s. The registry of a trade name with the state confers only procedural advantages, and confers no substantive rights. Givens Jewelers, Inc. v. Givens, 380 So.2d 1227 (La.App.2d Cir. 1980), writ refused 383 So.2d 800 (1980). Thus, the registry did not create substantive rights not earlier existing in Hodge, or divest Red Rockets of its substantive rights.

Hodge seeks to enjoin Red Rockets from use of the trade name Crazy Dave’s, although Red Rockets was the first to use that name. However, even if the second user (in this case Hodge) of a trade name registers a trade name or trademark with the state (as did Hodge), the second user cannot obtain an injunction against use of the name by the previous user. Givens Jewelers, supra. Thus, Hodge cannot properly obtain an injunction against Red Rockets’ use of the trade name Crazy Dave’s, as Red Rockets was the first to use the name.

Red Rockets did not use the trade name Crazy Dave’s in Slidell in the December 1978, and July and December 1979 fireworks seasons. However, that failure to use the name cannot be considered an abandonment of the trade name. The period was too brief. Also, Hodge was operating the stand more or less as Red Rockets’ retail outlet, and used the trade name in much the same way as many dealers might use the trade or brand name of the manufacturer. Furthermore, with certain exceptions not here pertinent, an intent of the original user to abandon use of the trade name must be shown. Sheila’s Shine Products, Inc. v. Sheila Shine, Inc., 486 F.2d 114 (5th Cir. 1973); Tillamook County Creamery Assn. v. Tillamook Cheese and Dairy Assn., 345 F.2d 158 (9th Cir.), cert. den., 382 U.S. 903, 86 S.Ct. 239, 15 L.Ed.2d 157 (1965). See also, 3 A.L.R.2d 1265, Trademark or Trademark Abandonment. Here, it is quite apparent there was no intent to abandon. As a matter of fact, Red Rockets continued to operate stands under the trade name Crazy Dave’s in Lafayette Parish and Tan-gipahoa Parish, which latter parish, we note, is immediately adjacent to St. Tammany Parish, in which Slidell and the fireworks stand in question is located. Nor does the testimony reveal any intent on the part of Red Rockets to abandon the trade name Crazy Dave’s.

We, therefore, hold that Red Rockets was improperly enjoined from use of the trade name Crazy Dave’s Fireworks. As we so hold, we need not consider the right of Hodge to obtain damages.

The judgment of the trial court is reversed and vacated, and the permanent injunction issued by that court is dissolved and set aside, all costs to be paid by plaintiff Carl Hodge.

REVERSED.


author: PONDER, Judge.

text:
    Anne Smith ABERNATHY, et al., v. Richard W. VARNADO, et al.
    No. 14522.
    Court of Appeal of Louisiana, First Circuit.
    Dec. 22, 1981.
    Rehearing Denied Feb. 18, 1982.
    Writ Denied April 27, 1982.

      Douglas R. Cyrex, Gonzales, for plaintiff and appellant.
    Howard P. Elliott, Jr., W. Arthur Aber-crombie, Jr., Baton Rouge, John A. Lieux, Gonzales, for defendant and appellee.
    Before ELLIS, LOTTINGER and PONDER, JJ.
   PONDER, Judge.

Plaintiff appealed from the dismissal of her suit for damages on an exception of no cause of action.

The sole issue is whether plaintiff’s petition sets forth a cause of action.

We affirm.

Plaintiff filed suit individually, and on behalf of her minor children for damages resulting from the wrongful death of her husband, who was killed in an automobile accident with an uninsured driver, Varnado. Varnado’s automobile carried a Louisiana Motor Vehicle Inspection sticker issued by Lamar Lane Chevrolet. Defendants were Varnado, Lamar Lane Chevrolet, Inc., and the State of Louisiana through the Department of Public Safety.

Defendants, Lamar Lane and the Department of Public Safety, filed exceptions of no cause of action. The court minutes show that these exceptions were maintained. A judgment was signed on January 13, 1981, which sustained the exception of Lamar Lane and dismissed the action against it. No mention was made of the Department of Public Safety.

Plaintiff appealed from the judgment of January 13, 1981, but assigned as error the dismissal of the suit as to Lamar Lane and the Department of Public Safety. Because there is no final judgment as to the Department of Public Safety, we cannot consider plaintiff’s argument relative to it. Miami Truck & Motor Leasing Co. v. Dairyman, Inc., 263 So.2d 110 (La.App. 1st Cir. 1972).

To decide an exception of no cause of action, the court must look to the face of the petition; no extraneous allegations or evidence can bolster a petition which does not, on its face, set forth a cause of action. Louisiana Code of Civil Procedure, Article 931, Adserv Corp. v. Lincecum, 385 So.2d 432 (La.App. 1st Cir. 1980). However, every reasonable interpretation must be afforded the petition’s language so as to maintain the sufficiency of the petition and furnish plaintiff a day in court. Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975). All well-pleaded facts are accepted as true and all doubts are resolved in favor of the sufficiency of the petition. Johnson v. Edmonston, 383 So.2d 1277 (La.App. 1st Cir. 1980).

The petition states:

" ** *
VI.
This accident was caused solely by the negligence of RICHARD W. VARNADO, due to certain acts or ommissions (sic) which include, but are not limited to the following:
* * * * * *
AND, Defendant, LAMAR LANE CHEVROLET, INC., due to certain acts or ommissions (sic) which include, but are not limited to the following:
1)Negligently failing to comply with Louisiana Law R.S. 32:1301-1310, the rules and regulations promulgated by the office of State Police of the Louisiana Department of Public Safety and other laws governing Motor Vehicle inspection stations and motor vehicle liability security laws required to enforce said compulsory security.
2) Negligently allowing employees to inspect non dealer vehicles.
3) Negligently issuing a motor vehicle inspection sticker to an un-insured (sic) motorist, namely RICHARD W. VAR-NADO and a 1978 Chevrolet, bearing sticker # 350522.
4) Negligently and fraudulently falsifying dealer records required of motor vehicle inspection stations and allowing the aforesaid uninsured motorist to ap-érate (sic) a motor vehicle on Louisiana highways.
5) Breached a duty owed to other motorist (sic) under the law in failing to ascertain that at the time of inspection the aforementioned vehicle inspected was covered by liability security and failure to protect other motorists from uninsured motorists operating a motor vehicle on Louisiana Highways.
6) Negligently failing to secure form DPSSP4240 (R 11/78) required by inspection stations to show liability security of RICHARD W. VARNADO.”

The only relationship between Lamar Lane and the accident by plaintiff’s petition was the wrongful issuance of an inspection sticker to an uninsured motorist. Plaintiff’s injury from the wrongful act was the inability to recover from an uninsured tort-feasor.

The purpose of the motor vehicle inspection laws, LSA-R.S. 32:1301-1310, is to keep vehicles in safe running condition. Since the petition does not indicate that Varnado’s auto was defective in any way, we do not find that any violation of LSA-R.S. 32:1301-1310 states a cause of action against Lamar Lane.

Although inspection stations have a duty to obtain a form from persons getting their vehicles inspected stating that they have liability coverage, the inspection station has no enforcement power to keep an uninsured vehicle off the highways. A driver could falsely fill out the liability form, or let his coverage lapse. Even if a driver did not fill out the form and was unable to receive a valid inspection sticker, that fact in itself, would not keep the driver and his. vehicle off of the highways.

Since the non-issuance of the inspection sticker would not have prevented Var-nado from operating his car, without insurance, it is doubtful that the wrongful issuance of an inspection sticker was a cause in fact of the injury. It was certainly not a substantial factor in bringing about the harm. Dixie Drive It Yourself Sys. v. American Beverage Co., 242 La. 471, 137 So.2d 298 (1962).

Further, because there is no statutory duty in an inspection station to keep uninsured motorists off the highway, and the only affirmative duty is to provide the forms affirming liability coverage, the claimed cause of the injury (the issuance of the inspection sticker) did not sufficiently contribute to the injury to create liability in Lamar Lane. See Frank v. Pitre, 353 So.2d 1293 (La.1977). The purpose of any duty imposed on Lamar Lane to obtain a form confirming liability coverage did not include within its scope the protection of third persons injured by the uninsured motorist. See Guillot v. State, Through La. State Police, 364 So.2d 254 (La.App. 3rd Cir. 1978), writ denied 366 So.2d 576.

For these reasons, we affirm the trial court’s judgment at plaintiff’s cost.

AFFIRMED.

      . La.C.Civ.P. Art. 1911:
      “Except as otherwise provided by law, every final judgment shall be signed by the judge. For the purpose of an appeal as provided in Article 2083, no appeal may be taken from a final judgment until the requirement of this Article has been fulfilled.”

      . LSA-R.S. 32:862:
      “In accordance with rules and regulations of the secretary and on forms furnished by him, each person who applies for registration of a self propelled motor vehicle, or applies for a motor vehicle inspection tag, shall declare in writing that the motor vehicle is covered by security as required by this Chapter and that he or she intends to maintain said security at all times while said vehicle is used upon the highways of Louisiana. Said applicant shall furnish for inspection by the secretary or his designee upon written demand documentary evidence of the required security.


author: EDWARDS, Judge.

text:
    Alex COUPEL, Jr., Individually and as Administrator of the Estate of His Minor Daughter, Melissa Coupel v. Parker L. McLEAN, Continental Insurance Co. and Lee-Vac, Ltd. Mrs. Mary Ann COMEAUX, et al. v. Parker L. McLEAN, Continental Insurance Co. and Lee-Vac, Ltd.
    Nos. 14461, 14462.
    Court of Appeal of Louisiana, First Circuit.
    Dec. 30, 1981.

      Triche, Sternfels & Nail, E. Robert Stern-fels, Roland J. Sternfels, Napoleonville, for plaintiffs-appellees.
    Landry, Watkins & Bonin, Jacob D. Landry; Nan M. Landry, New Iberia, for defendants-appellants.
    Before CHIASSON, EDWARDS and LEAR, JJ.
   EDWARDS, Judge.

These two consolidated personal injury actions arise from an accident which occurred in Assumption Parish on July 26, 1978, at the intersection of Louisiana Highways 1 and 70. A vehicle driven by Parker McLean ran a stop sign while traveling on La. 70 and collided with the vehicle being driven by Mary Ann Comeaux in which Melissa Coupel was a passenger. At the time of the accident, McLean was employed by Lee-Vac, Ltd. and was covered under a policy of insurance issued by Continental Insurance Co.

Louis and Mary Ann Comeaux brought suit against McLean, Lee-Vac, Ltd. and Continental to recover for her personal injuries, medical expenses and lost wages, as well as for his lost wages and travel expenses incurred. Alex Coupel brought suit on behalf of his minor child, Melissa, for her injuries and medical expenses.

Defendants did not contest liability, the only issue at the trial was the amount of recovery. The trial court awarded Mrs. Co-meaux $65,000.00 in general damages, $8,900.00 for her past and future loss of wages, and $6,293.69 in medical expenses. Mr. Comeaux was awarded $1,671.12 for incidental expenses and his lost wages attributable to his wife’s medical treatment. Alex Coupel was awarded $15,000.00 in general damages on behalf of his minor daughter, and $688.79 in expenses.

Defendants have appealed both judgments and plaintiffs have answered the appeals, seeking an increase in quantum. We affirm.

Defendants make four specifications of error:

“1. The Trial Court committed a manifest error in awarding Melissa Coupel $15,000 in general damages.
“2. The award of $65,000 in general damages to Mary Ann Comeaux constituted a clear abuse of the Trial Court’s discretion.
“3. The Trial Court committed a manifest error in permitting the testimony of Therese Alleman.
“4. The Trial Court was manifestly erroneous in its awards for past and future loss of income and for incidental expenses.”

The alleged error in allowing Therese Alleman’s testimony will be considered first. This witness’s testimony helped to establish Mrs. Comeaux’s claim for lost wages. Mrs. Alleman, an elementary school cafeteria manager, testified that she had offered Mary Ann Comeaux a job around the time of the accident.

Approximately one month prior to trial, appellees filed answers to interrogatories, indicating the witnesses that they intended to call at trial. Therese Alleman’s name was not listed. When plaintiffs called Therese Alleman at trial, defendants objected. The trial court overruled defendants’ objection, but gave defense counsel the opportunity to move for a continuance in order to depose Mrs. Alleman to eliminate any surprise or prejudice. Defense counsel chose not to do so.

Defense counsel was given the opportunity to overcome any surprise or prejudice which may have resulted in the failure to include Mrs. Alleman’s name on the list of prospective witnesses. Having failed to do so, he may not now complain that the defendants were prejudiced by her testimony. We find no error in the trial court’s actions in this regard and we now turn our attention to defendants’ claim that the damages awarded to plaintiffs are excessive.

MARY ANN COMEAUX’S DAMAGES

Four doctors testified at trial concerning the multiple injuries suffered by Mrs. Comeaux. Dr. Charles Bolotte testified that he first saw Mrs. Comeaux in the emergency room of Assumption General Hospital on the day of the accident, July 26, 1978. At that time, she was complaining of severe acute pain in her jaw and facial area. He further testified that she had a small punctuate laceration to the area of the right cheek and that she was very tender to motion of her neck. Dr. Bolotte had x-rays taken and they revealed that Mrs. Comeaux had a fracture of the right mandible.

Dr. Bolotte next saw Mrs. Comeaux about two weeks after the accident. At that time she was complaining of headaches and neck pain and he diagnosed her as having a moderately severe cervical strain secondary to the automobile accident. Dr. Bolotte testified that he continued to treat Mrs. Comeaux for her neck problems along with Dr. John Loupe, an orthopedic surgeon. Plaintiff introduced the deposition of Dr. Loupe, who testified that it was his opinion that plaintiff had suffered a severe cervical strain. On January 15, 1980, Mrs. Comeaux told Dr. Bolotte that she was experiencing droopiness in the right eyelid and tearing of her right eye. Dr. Bolotte referred her to Dr. Howard Kisner, a plastic surgeon.

Dr. Tooley Towns, an oral surgeon, testified that he first saw Mrs. Comeaux on July 26,1978, at the referral of Dr. Bolotte. Dr. Towns testified that when he saw her in the emergency room, she had multiple abrasions and lacerations over her face and body along with a compound fracture of the right mandible and a depressed fracture of the right zygomatic arch. Dr. Towns also testified that Mrs. Comeaux sustained a displaced fracture of the tri-molar complex, or the entire cheekbone.

Dr. Towns testified as to the steps he took to correct Mrs. Comeaux’s injuries. He performed a closed reduction of the fractured mandible, which involved wiring her jaws shut. Additionally, Dr. Towns performed an open reduction of the zygo-ma, a surgical procedure which lasted approximately one hour and forty-five minutes. Dr. Towns testified that Mrs. Co-meaux’s jaws remained wired shut for six weeks. Additionally, Dr. Towns testified that Mrs. Comeaux suffered from paresthe-sia or numbness of the infraorbital nerve for several months as a result of these fractures.

Dr. Wendell Kisner, a plastic and reconstructive surgeon, testified that he saw Mrs. Comeaux about eighteen months after the accident. He treated her for the drooping or hooding effect of her right eyebrow and eyelid. In order to correct the abnormality, Dr. Kisner testified that he performed a blepharoplasty and eyebrow lift.

Dr. George Burke, a psychiatrist, testified that he first saw Mrs. Comeaux on January 28, 1980, and had seen her five times since then. She complained to him of personality change, insomnia, blurred vision, irritability and a fear that she was “losing control.” His opinion was that Mrs. Comeaux was suffering from a neurosis with depression and anxiety as the main features. Dr. Burke testified that her condition was directly related to the accident and that she would need to continue seeing him for about a year.

Mrs. Comeaux testified at trial concerning the multiple injuries she received along with the mental and physical problems she experienced and continues to experience since the accident. In his reasons for judgment, the trial judge noted Mrs. Comeaux’s sincerity and concluded that the accident did cause her real emotional damages from which she had not yet completely recovered.

Louis Comeaux testified at trial, without contradiction, regarding the medical expenses for his wife incurred as a result of the accident. He was shown and identified numerous bills which he received from various doctors, hospitals and pharmacies for the treatment of his wife. In addition, Mr. Comeaux kept a record of all of his out-of-pocket expenses, including his loss of wages due to his wife’s accident and subsequent need for his attention and care.

DAMAGES OF MELISSA COUPEL

Melissa Coupel, age thirteen at the time of the accident, sustained severe lacerations to her head as well as lacerations to her face, left elbow, both forearms, left knee and upper and lower leg and a finger on her right hand. Dr. Charles Bolotte testified that as a result of the accident, Melissa sustained lacerations and bruises which caused her a great deal of pain, and distress and required nineteen sutures. Dr. Bolotte hospitalized Melissa overnight for observation. Dr. Bolotte saw Melissa several times after the accident and on January 30, 1980, he had to make an incision to remove glass fragments from her finger which had been causing her pain.

Melissa’s parents testified at trial. They testified that, as a result of her injuries, Melissa did not go out of the house to play for about a month after the accident. Melissa also developed a fear of riding in an automobile as a result of the accident and was given medication for her nerves by Dr. Bolotte. There was also testimony that Melissa had consulted a psychiatrist concerning her fear of riding in automobiles. Mr. Comeaux also testified as to the medical expenses and other incidental expenses which he incurred as a result of his daughter’s injuries.

Melissa testified at trial relative to the injuries which she sustained in the accident. She testified that for about a month, she “was hurting too bad” to go out and play. Additionally, Melissa testified about her fear of riding in automobiles.

PROPRIETY OF THE DAMAGE AWARDS

Before an appellate court can disturb an award made by a trial court, the record must clearly reveal that the trier of fact abused its discretion in making its award. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Reck v. Stevens, 373 So.2d 498 (La.1979). The record supports the award made to Mr. and Mrs. Comeaux. Although the award for Melissa Coupel may be arguably high, after a review of the record, we are unable to articulate sufficient reasons to find that the awards constitute a “clear abuse” of the trial court’s discretion. Reck v. Stevens, supra. See also Faulk v. Cagle Supply, Inc., 399 So.2d 1186 (La.App. 1st Cir. 1981); Walton v. William Wolf Baking Co., Inc., 396 So.2d 962 (La.App. 1st Cir. 1981), aff’d 406 So.2d 168 (La.1981). Furthermore, since the trial court’s awards are found to be adequate, we find no merit in plaintiffs’ answer to the appeal.

For the foregoing reasons, the judgment of the trial court is affirmed. Costs of this appeal are to be paid by defendants-appellants.

AFFIRMED.


author: CHIASSON, Judge.

text:
    HENDERSON EQUIPMENT COMPANY, INC. v. The DEPARTMENT OF PUBLIC SAFETY, State of Louisiana, et al.
    No. 14983.
    Court of Appeal of Louisiana, First Circuit.
    Jan. 5, 1982.
    Rehearing Denied Feb. 16, 1982.
    James E. Kuhn, Denham Springs, for plaintiff.
    Michael R. Eubanks, Purvis, Miss., for R & C Equipment Co. and Robert Breland.
    James C. Dixon, Baton Rouge, for the Dept, of Public Safety.
    John W. Perry, Baton Rouge, for American Gen. Fire & Cas. Ins. Co.
    David M. Vaughn, Baton Rouge, for Tom Fairey Equipment Co. and Hertz Equipment Rental.
    Before CHIASSON, EDWARDS and LEAR, JJ.
   CHIASSON, Judge.

Applicant, Tom Fairey Company, a Texas domiciliary, has been sued by plaintiff, Henderson Equipment Company, Inc., in Louisiana. Plaintiff’s suit, as it concerns the applicant, alleges that it (plaintiff), rather than the applicant, is the owner of certain John Deere farm equipment.

Service of process was made on applicant by plaintiff under the provisions of LRS-13:3201 et seq. (the long arm statute). Applicant filed a declinatory exception of lack of personal jurisdiction, on the basis that it is a non-resident of Louisiana and that personal jurisdiction over it has not been conferred on our courts by the long arm statute, because the requirements of that statute have not been met.

Other than the pleadings, the only evidence contained in the record is an affidavit filed by applicant’s agent and officer, showing that applicant is the owner of certain John Deere farm equipment, that said property was leased by applicant to a lessee in Houston, Texas, and that said property was later found in Louisiana by the Louisiana State Police, who notified applicant’s agent of this fact and allowed him to return the property to Texas. This affidavit further states that there was “no contract with Henderson Equipment [plaintiff], no contract with any lessee, nor any contact with any other person in Louisiana for the use of the equipment in Louisiana.”

After a hearing, applicant’s exception of lack of personal jurisdiction was overruled by the trial court, and applicant then applied for supervisory writs.

Plaintiff, in its opposition to the application for writs, alleges that Louisiana courts have personal jurisdiction over applicant under the long arm statute on the basis of applicant’s having committed an offense or quasi-offense in this state. We note, however, and find it dispositive of this issue, that plaintiff’s only alleged cause of action against applicant is one to establish ownership of the movable property at issue by way of a declaratory action. At no time has plaintiff alleged that applicant has committed an offense or quasi-offense against it in Louisiana, nor does plaintiff seek damages for any such offense or quasi-offense.

On this basis we find that, the requirements of R.S. 13:3201 et seq. not having been met, no personal jurisdiction over this non-resident defendant (applicant) has been conferred on our courts.

For these reasons, the writ of review is hereby made peremptory, and the exception of lack of personal jurisdiction is hereby maintained and plaintiff’s suit against applicant, Tom Fairey Company, is hereby dismissed.

WRIT MADE PEREMPTORY AND RENDERED.


author: CHEHARDY, Judge.

text:
    Peter GIACONA and Cheryl L. Morgan v. CONTI COMMODITY SERVICES, INC.
    No. 13040.
    Court of Appeal of Louisiana, Fourth Circuit.
    Jan. 7, 1982.
    Chaffe,'McCall, Phillips, Toler & Sarpy, Robert H. Murphy, Marc G. Shachat, New Orleans, for relator.
    Meunier, Martin & Meunier, Richard J. Meunier, New Orleans, for respondents.
    Before SAMUEL, C. J., and BOUTALL and CHEHARDY, JJ.
   CHEHARDY, Judge.

Applicant, ContiCommodity Services, Inc. (ContiCommodity), has applied to this Court for writs and a stay order. It complains of the correctness of a judgment denying its dilatory exception of prematurity for failure of plaintiffs to resort to arbitration.

As this matter has been fully briefed by the applicant and the respondents, and as there is no dispute about the facts, there is no need to issue certiorari.

Plaintiff Peter Giacona accepted employment as an account executive/registered commodity representative on June 2, 1975 and received correspondence dated June 5, 1975 which set forth the various terms and conditions of his employment. One such condition provided that any controversy between Giacona and ContiCommodity arising out of his employment or the termination of his employment shall be settled by arbitration.

Plaintiff Cheryl L. Morgan accepted a position as an account executive/registered commodity representative with ContiCom-modity on February 11, 1981 and executed an employment contract with that party which provided that any controversy arising out of her employment or its termination shall be settled by arbitration.

LSA-R.S. 9:4201 provides that any written contract to settle by arbitration a controversy arising out of the contract * * * shall be valid, irrevocable, and enforceable, save upon such grounds as exists at law or in equity for the revocation of any contract.

Respondents argue that LSA-R.S. 9:4216, which provides that nothing contained in that chapter shall apply to contracts for employment of “labor”, effectively prevents this controversy from being subject to arbitration. However, as noted in Wright v. Round the Corner Restaurants of La., Inc., 252 So.2d 341 (La.App. 4th Cir. 1971), the word “labor” as used in LSA-R.S. 9:4216 does not include the performance of mental tasks, managerial skills or those employees recognized generally as professional men and women. Clearly, the contracts in suit do not involve “labor” as used in the statute and, accordingly, the controversy is subject to arbitration.

We hold, therefore, that under LSA-R.S. 9:4201 the employment agreements between the parties in this case, calling for arbitration to settle any disputes between them, are enforceable, and the defendant’s dilatory exception of prematurity should have been sustained by the trial court.

For the reasons assigned, the judgment is reversed, the exception of prematurity is maintained, and plaintiffs’ suit is dismissed at their cost in both courts.

REVERSED.