Legal Opinion

Simmons v. State

Louisiana Court of Appeal

Decided August 29, 2018No. 2018-CA-0174PublishedCited by 8 opinions

1Opinion of the Court

Judge Terri F. Love

This appeal arises from the death of a minor child while in foster care. The parents of the minor child contended that the coroner negligently disposed of their son's body. The coroner filed a motion for summary judgment, which the trial court granted, dismissing their claims.

We find that the coroner demonstrated that the parents would be unable to meet their burden of proof at trial and that no genuine issues of material fact exist. As such, the trial court did not err by granting the coroner's motion for summary judgment. The judgment of the trial court is affirmed.

FACTUAL…

2Cases cited13 opinions

  1. Smith v. Our Lady of the Lake Hospital, Inc.Supreme Court of Louisiana · 1994
  2. Supreme Services v. Sonny Greer, Inc.Supreme Court of Louisiana · 2007
  3. Moresi v. State, Dept. of Wildlife & FisheriesSupreme Court of Louisiana · 1990
  4. Alexander v. Hancock BankLouisiana Court of Appeal · 2017
  5. Succession of Harvey v. DietzenLouisiana Court of Appeal · 1998

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3Cited by8 opinions

  1. Phillips v. L. Brands ServiceCourt of Appeals for the Fifth Circuit · 2023
  2. Pelitire v. RinkerLouisiana Court of Appeal · 2019
  3. Green v. WhiteDistrict Court, W.D. Louisiana · 2021
  4. Hansen v. ThorpeDistrict Court, E.D. Louisiana · 2020
  5. Jacob Puderer v. Hilcorp Energy Company, Northcoast Oil Company and the State of Louisiana Through the Department of Natural ResourcesLouisiana Court of Appeal · 2021

3 more not listed; retrieve them via the Exa API.

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