Pete v. State

Supreme Court of Louisiana

Pete v. State

256 So. 3d 983

CourtSupreme Court of Louisiana

DecidedNovember 20, 2018

DocketNo. 2018-C-1252

StatusPublished

This text of 256 So. 3d 983 (Pete v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pete v. State, 256 So. 3d 983 (La. 2018).

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Opinion

Although I do not necessarily find error in the court of appeal's amendment of plaintiff's increased judgment for the serious injury of loss of an eye, I question the initial threshold finding of liability in this case. In my view, in light of the number of inmates in our correctional system and the possibility of similar circumstances arising again, I would grant and docket this matter to conduct a full tort analysis on the issue of liability. See State ex rel. Jackson v. Phelps , 672 So.2d 665, 667 (La. 1996) ; and Parker v. State , 282 So.2d 483 (La. 1973).

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Although I do not necessarily find error in the court of appeal's amendment of plaintiff's increased judgment for the serious injury of loss of an eye, I question the initial threshold finding of liability in this case. In my view, in light of the number of inmates in our correctional system and the possibility of similar circumstances arising again, I would grant and docket this matter to conduct a full tort analysis on the issue of liability. See State ex rel. Jackson v. Phelps , 672 So.2d 665, 667 (La. 1996) ; and Parker v. State , 282 So.2d 483 (La. 1973).

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Bluebook (online)

256 So. 3d 983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pete-v-state-la-2018.

Opinion

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