FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 18

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 11th day of March, 2005 , are as follows:

BY KIMBALL, J. :

2004-C- 1317       KEN SMITH d/b/a B & K MUSIC v. STATE OF LOUISIANA,

DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (Parish of Allen)

C/W  2004-C-1594 KEN SMITH d/b/a B & K MUSIC v. MIKE UNKEL

For the above reasons, we find in matter 04-C-1317, Smith v. State, Department of Transportation and Development, the judgment of the court of appeal is correct as it affirmed the district court's granting of the plaintiff's motion for JNOV for loss of leasehold advantage damages and as it affirmed the district court's award of attorney's fees and award of plaintiff's expert witness fees. The judgment of the court of appeal in matter 04-C-1317 is therefore affirmed. With respect to matter 04-C-1594, for the above reasons, we find the judgment of the court of appeal correct as to its denial of Unkel's exception of res judicata. We further find the court of appeal erred in affirming the district court's judgment awarding the plaintiff the value of his improvements based on Article 495 since the article is not applicable to the particular facts of this case. We therefore reverse the judgment of the district court and dismiss plaintiff's claim for the value of his improvements. The judgment of the court of appeal in matter 04-C-1594 is therefore affirmed in part and reversed in part.

04-C-1317 AFFIRMED.

04-C-1594 AFFIRMED IN PART AND REVERSED IN PART.

WEIMER, J., concurs in part and dissents in part and assigns reasons.

JOHNSON, J., concurs in part and dissents in part.

VICTORY, J., concurs in part and dissents in part for the reasons assigned by Justice Weimer.

BY JOHNSON, J. :

2004-C- 1278       DONALD J. WINFORD v. CONERLY CORPORATION

 (Office Of Workers' Compensation District 8) For the reasons assigned, the judgment of the hearing  officer is reversed, and this matter is remanded to the Office of Workers' Compensation for further proceedings.

VICTORY, J., concurs in the result.

TRAYLOR, J., concurs in the result.

WEIMER, J., coucurs in the result and assigns reasons.

BY WEIMER, J .:

2004-C- 2004       BRENDA R. THIBODEAUX AND LUCIEN G. THIBODEAUX v. DEBBIE M. JURGELSKY, M.D. (Parish of St. Landry)

Accordingly, we reverse the judgment of the appellate court and reinstate the judgment of the district court.

REVERSED AND RENDERED.

KIMBALL, J., concurs and assigns reasons.

JOHNSON, J., dissents.