FOR IMMEDIATE NEWS RELEASE  

NEWS RELEASE # 058

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 6th day of July, 2004, are as follows:

BY KIMBALL, J.:

2004-C -0066       OCEAN ENERGY, INC. v. PLAQUEMINES PARISH

GOVERNMENT (Parish of Plaquemines)

For the reasons expressed above, we conclude that La. Const. art. VII, §4(C) prohibits the taxation by political subdivisions of off-road diesel that is burned to produce motion in a machine or engine, or is a combustible used in the generation of motive power. Consequently, the judgment of the court of appeal is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

CALOGERO, C.J., dissents and assigns reasons.

BY JOHNSON, J.:

2003-C -1051       JODY C. DEAN v. SOUTHMARK CONSTRUCTION AND

LOUISIANA WORKERS' COMPENSATION CORPORATION (Office of Workers' Compensation, District No. 5)

For the above and foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the Office of Workers' Compensation is reinstated.

REVERSED AND REMANDED.

VICTORY, J., dissents and assigns reasons.

WEIMER, J., dissents for reasons assigned by Victory, J.

BY TRAYLOR, J.:

2003-CC-3259       ROSE DETILLIER, INDIVIDUALLY AND ON BEHALF OF

HER MINOR CHILDREN, SALLY E. DETILLIER AND TYLER M. DETILLIER, CORY M. DETILLIER, HEIDI T. DETILLIER, JOBY J. DETILLIER AND DAIN P. DETILLIER v. KENNER REGIONAL MEDICAL CENTER (Parish of Jefferson)

Considering the foregoing holdings, we reverse the court of appeal ruling which granted the defendants' exception of no cause of action and reinstate the judgment of the trial court which allows the plaintiffs to file a medical malpractice lawsuit against the individual state health care providers covered under the Public Act. We further hold that, in the event that the state health care providers are found by the court to have committed medical malpractice, any judgment in favor of the successful claimants will be entered against the State of Louisiana alone.

REVERSED; TRIAL COURT JUDGMENT REINSTATED; REMANDED TO TRIAL COURT FOR FURTHER PROCEEDINGS.

Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting in place of Associate Justice Jeanette T. Knoll, recused.

VICTORY, J., dissents in part and assigns reasons.

HIGHTOWER, J., ad hoc, dissents in part for the reasons expressed by Justice Victory.

BY KNOLL, J.:

2003-K -2788       STATE OF LOUISIANA v. QUINCY BROWN (Parish of Orleans)

(Armed Robbery)

The judgment of the appellate court is affirmed for the reasons expressed herein. We reverse the sentence as unconstitutional, as it violates the defendant's due process rights. The case is remanded to the trial court for re-sentencing consistent with the views expressed in this opinion.

AFFIRMED.

VICTORY, J., dissents for reasons assigned by Justice Traylor.

TRAYLOR, J., dissents and assigns reasons.

2003-K -3035       STATE OF LOUISIANA v. WILLIE CAMPBELL, JR. (Parish of

Ouachita)

(DWI-Third Offense)

For the foregoing reasons, the rulings of the lower courts are affirmed. This case is remanded to the district court for a determination of whether the vehicle should be seized and sold, and to amend the judgment so as  to order evaluation and treatment of the substance abuse disorder.

AFFIRMED.

JOHNSON, J., dissents.

VICTORY, J., dissents and assigns reasons.

TRAYLOR, J., dissents and assigns reasons.

WEIMER, J., concurs and assigns reasons.

BY WEIMER, J.:

2003-C -3413       MERRILEE G. ALBRIGHT, JULIE M. LAFARGUE, DOLORES

GEORGE LAVIGNE, ANN MATHISON MCLAURIN AND JODY L. ROBERTS v. SOUTHERN TRACE COUNTRY CLUB OF SHREVEPORT, INC. AND CLUB CORPORATION OF AMERICA (Parish of Caddo)

We hold today that based on the facts of this case defendants have violated plaintiffs' constitutional right to be free from arbitrary, capricious, or unreasonable discrimination based on gender by enacting and enforcing a men-only policy in a public dining facility. The court of appeal was correct in reversing the district court's ruling that "excused" the discrimination on the basis of reasonableness.

AFFIRMED.

Retired Judge Moon Landrieu, sitting ad hoc for Kimball, J., recused;

Retired Judge Phillip C. Ciaccio, sitting ad hoc for Victory, J., recused;

Retired Judge Robert L. Lobrano, sitting ad hoc for Traylor J., recused.

KNOLL, J., concurs in the result only and assigns reasons.

LOBRANO, J., ad hoc, concurs in the result.

CIACCIO, J., ad hoc, concurs in the result for the reasons assigned  by Justice Knoll.