Articles Posted in Negligence

new_zealand_accident_insurance_0-1024x768If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees?

Betty Citizen hurt her back while she was trying to move a bike while working at Wal-Mart. Wal-Mart denied her physical therapy that her treating neurosurgeon recommended. She filed a 1009 Form, which the Medical Director denied for being untimely. Citizen then filed a 1008 Form, claiming she was entitled to receive attorney fees and penalties because Wal-Mart had arbitrarily and capriciously handled her claims. 

Once Wal-Mart formally denied her physical therapy, Citizen filed another 1009 Form. The Medical Director denied that request as well, finding there was no required documentation about the results of prior therapy. On the day of the hearing, Wal-Mart approved the recommended physical therapy. Therefore, the only issue was whether Wal-Mart had acted arbitrarily and capriciously in denying Citizen’s physical therapy. 

worker_masonry_concrete_stones-1024x691While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation. 

Angela Jackson was injured while working at Family Dollar. Jackson filed a claim against Family Dollar. The Office of Workers’ Compensation awarded her medical expenses, disability, and supplemental earnings benefits. It also awarded her attorney’s fees and penalties against Family Dollar. 

Family Dollar filed an appeal about a month and a half after the Office of Workers’ Compensation issued the judgment in Jackson’s favor. However, Family Dollar did not indicate if it was a devolutive or suspensive appeal. 

stairs_away_gradually_rise-683x1024Sometimes, commonplace items such as stairs can lead to serious injuries. This case involves the unfortunate situation of a woman who fell down stairs and was injured. Under what circumstances can a building owner be held responsible for injuries from falling down the stairs? 

Earline Couvillion fell on stairs while leaving a building owned by Riverside Properties. The stairs were made of cement. The stairs were frayed on the edges and did not have a handrail. Couvillion claimed she herniated discs in her back, strained and cut her knee, and damaged her nerves as a result of her fall down the stairs. 

Couvillion filed a lawsuit against Riverside Properties and their insurer, claiming their negligence resulted in her accident. She claimed Riverside Properties had failed to maintain and keep the stairs safe, had not installed handrails, and had otherwise been negligent. Riverside Properties filed a summary judgment motion, which the district court granted. Couvillion appealed.

oyster_oyster_roast_seafood-1024x683While many people enjoy oysters, few people are aware how oyster leases work. This case involves a couple who held oyster leases that were harmed when a company decided to renter a nearby oil well. Can that company be held liable for the damages to the holders of the adjacent oyster leases? 

Pero and Mary Ann Cibilic held oyster leases in a lake in St. Bernard Parish, Louisiana. Because of the lack of oysters following the BP oil spill and increase in prices, the Cibilics made a large investment to purchase and spread cultch, which is used for oyster cultivation. This resulted in the Cibilics having a good sized oyster crop in their leases.

Cox Operating started a project to re-enter one of its oil wells that was adjacent to the Cibilic’s oyster leases. Ships has to cross over the Cibilics’ leases in order to reach the well. To turn to the well, ships had to go down and back up with their propellers, which resulted in sedimentation harming the Cibilics’ oyster beds.

hammer_books_law_court-1024x768If you retain a lawyer, you expect they will fairly represent you. What happens if after you hired a lawyer, you learn that lawyer had previously represented one of the parties you are suing, multiple times? Just like in other lawsuits, it is essential that you file any lawsuit within the required time period for bringing a claim. If you wait too long, then a court may be unable to hear your claim.

A tractor trailer hit John Hoogacker’s vehicle while he was driving in Orleans Parish, Louisiana. Hoogacker hired Charles Hughes Jr. to represent him in a lawsuit against the truck driver and the truck’s owner. Hughes filed the lawsuit, brought on Brian Trainor as co-counsel, and retained expert witnesses. During a mediation, Hoogacker first learned Hughes had previously represented the truck’s insurance carrier multiple times. Hoogacker claimed Hughes pressured him to sign a settlement agreement. Hoogacker refused to comply with the settlement agreement. 

Hughes and Trainor filed motions to withdraw as Hoogacker’s counsel and to enforce the settlement. Hoogacker retained new counsel and agreed to proceed with the original settlement and release Hughes and Trainor from any claims. Hoogacker then file a lawsuit against Hughes and Trainor, alleging they conspired to commit fraud with the truck’s insurance carrier by not disclosing that Hughes had previously represented the carrier multiple times. Hughes and Trainor filed a motion claiming Hoogacker had no cause of action against them and had waited to file his lawsuit. The trial court granted the motion. 

surgery_eye_health_operation-1024x681Undergoing a surgery is always a nerve-wracking experience. You want to be able to trust that your surgeon conducted and reviewed the appropriate pre-operative tests. Can a surgeon be held liable if he or she fails to review the results of the pre-operative tests before performing the surgery? 

Roger Burchfield was admitted to Willis-Knighton Medical Center to receive non-emergency surgery on his gallbladder. Before the surgery, Burchfield’s surgeon, Forrest Wright, ordered a chest x-ray and EKG. However, Wright did not review the results prior to performing the surgery. If Wright had reviewed the tests, he would have seen Burchfield had congestive heart failure and multiple other possible heart issues. Burchfield himself did not know he had these heart issues. 

The surgery was successful, and Burchfield went home. However, about a day later, Burchfield started experiencing swelling. He went to the emergency room and was admitted into the hospital. The hospital found Burchfield had suffered a heart infection, respiratory failure, heart failure, and other issues. He was put in a medically induced coma before undergoing a heart transplant. Although Burchfield recovered from the transplant, he was no longer able to work as a mechanic and requires medical care for the transplant for the rest of his life. 

calculator_calculation_insurance_1680905-1024x683Although money can never replace a loved one, if you find yourself in the tragic aftermath of a loved one’s death, you might be looking to recover damages from the responsible parties. However, the process of recovering damages can be difficult and emotionally charged. This is especially true if an insurance policy is involved and the insurer argues it is not required to provide coverage. 

Austin Trombley died while working at Rowdy Adventures, a zipline park owned by Howard Prince Jr. and located in Arkansas. While working during the summer at Rowdy Adventures, Trombley was living at a nearby camp, which Prince also owned. On the night he died, Trombley got drunk and was killed in a one-car accident while driving in a car owned by Abigale Williams. Williams was also in the car at the time of the accident, but she survived. 

Trombley’s parents filed a lawsuit against Prince, Rowdy Adventures and the owner of the camp’s land, which was owned by Prince. His parents accused Prince of negligent supervision. ASI Lloyds was Prince’s homeowners’ insurance carrier. ASI claimed its policy did not cover Prince because of the business pursuit and motor vehicle exclusions in his insurance policy. 

construction_worker_work_worker-1024x683When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act, an injured worker is entitled to select a physician in any specialty for an initial visit. The employer is not required to approve the employee’s choice of physician. What happens if the employer claims the employee was not injured on the job? 

Blann Kyle filed a workers’ compensation claim against Boise Cascade Company (“Boise”), claiming he had lost his hearing as a result of his employment at a paper mill located in DeRidder, Louisiana. He filed the claim seven years after he retired. Kyle then filed a motion for an expedited hearing, under La. R.S. 23:1121. Kyle claimed Boise had not authorized his initial visit with his choice of physician. Kyle wanted the workers’ compensation judge to order Boise to authorize his initial visit to the physician he had selected, reimburse him for the medical expenses resulting from the testing and treatment by that physician, and pay penalties and attorneys’ fees. Boise countered that Kyle’s claims were prescribed, meaning he had waited too long to bring his workers’ compensation claim. Boise also claimed it was not proper for Kyle to request penalties and attorneys’ fees with his motion for an expedited hearing. The workers’ compensation judge denied Kyle’s motion, holding there was a “tenuous link” between Kyle’s alleged hearing loss and his employment. Therefore, Boise had acted properly in refusing him the choice of a physician. Kyle filed an appeal. 

Louisiana courts have recognized that hearing loss can be caused by occupational exposure and can be an occupational disease where an injured worker is entitled to workers’ compensation. See Arrant v. Graphic Packaging International, Inc. Under La. R.S. 23:1121, an injured worker is entitled to select a physician in any specialty without his employer’s approval. If the employer denies that, the employee has the right to request an expedited proceeding. The employee can also receive attorney’s fees and penalties. 

laocoon_statue_greek_vatican-1024x609If you prevail in a lawsuit, you might be entitled to various damages. One type of damages available in Louisiana is Lejeune damages, under La. C.C. art. 2315.6. Lejeune damages allow an individual to recover damages from the mental anguish of witnessing the injury of a third party. 

Louise Theresa Doty and her husband, Homer Doty, were at Prien Lake Mall in Lake Charles, Louisiana. While on a crosswalk, Brittany Nicole Fontenot hit Mr. Doty. Ms. Doty heard him yell and saw him lying on the ground with severe injuries. Mrs. Doty filed a lawsuit against Fontenot, her insurer, GoAuto, and her under/uninsured motorist insurer, State Farm. Mrs. Doty claimed her Lejeune damages under her State Farm insurance policy was a separate “bodily injury.” As such, she claimed she was entitled to recover beyond the money State Farm had already paid her husband for his injuries. 

Mrs. Doty settled her claims against everyone besides State Farm. State Farm filed a summary judgment motion claiming it had exhausted its policy limits with his payment of $50,000 to Doty. Mrs. Doty claimed she was entitled to recover her Lejeune damages under a separate limit. After a trial, the court awarded Mrs. Doty $50,000 in general damages and a $25,000 penalty for State Farm’s failure to pay her claim within thirty days under La. R.S. 22:1892(B)(1), and her expenses. State Farm filed an appeal.

2015_garage_sale_002-1024x683Depending on the outcome of a trial, when the jury renders its verdict, you might be excited or sad. No matter how you feel, you must review the trial court’s judgment to ensure it is sufficiently precise and definite to meet the requirements for a final judgment.  

Charmane Manchester was injured while attending a garage sale held on property owned by Michael and Heather Watson. She claimed a wood post supporting the carport fell and hit her. She filed a lawsuit against the Watsons and their homeowners’ insurer, ANPAC Louisiana. 

In her lawsuit, Manchester claimed the Watsons maintained an unreasonably dangerous condition on their property, had not adequately warned people of the condition, did not properly inspect the wood posts, and held a garage sale in an unsafe area. The lawsuit proceeded to a jury trial. At trial, the jury found the Watsons owned and had custody of the wooden post that fell on Manchester at the garage sale. However, the jury did not find sufficient evidence that the wooden post was defective and an unreasonable risk of harm when the accident occurred. 

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