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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 003 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 19th day of January, 2006 , are as follows:

PER CURIAM :

2003-C -0492 C/W 2003-C -0502

JOSEPH BUJOL, III, ET AL. v. ENTERGY SERVICES, INC., ET AL. C/W DON A. PERKINS, ET AL v. ENTERGY SERVICES, INC., ET AL. (Parish of Iberville) ON REHEARING Judge Philip C. Ciaccio, retired, sitting pro tempore, for Justice John L. Weimer, recused. Thus, our original decision reversing the jury verdict in favor of the plaintiffs is reaffirmed. JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.

(01/19/2006)
SUPREME COURT OF LOUISIANA NO. 03-C-0492 c/w 03-C-0502 JOSEPH BUJOL, III, ET AL. versus ENTERGY SERVICES, INC., ET AL. consolidated with DON A. PERKINS, ET AL. versus ENTERGY SERVICES, INC., ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF IBERVILLE ON REHEARING PER CURIAM* We granted plaintiffs' application for rehearing in this case because at least some of the justices in the original majority were concerned about the propriety of the majority's decision in the original opinion to review the jury verdict in favor of the plaintiffs under a de novo standard, as opposed to a manifest error standard of review.1 The majority's decision to apply the de novo standard was based on its conclusion that "the jury could not have applied the correct law in determining whether ALSA assumed a duty to the employees at ALAC's plant because it was given no instructions whatsoever on the law of assumption of duty or any of the elements required under [Restatement (Second) of Torts]

Download 2003-C-0492 C/W 2003-C-0502 JOSEPH BUJOL, III, ET AL. v. ENTERGY SERVICES, I

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