Articles Posted in Civil Matter

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medical_appointment_doctor_563427-1024x683In the face of the profound loss that accompanies the passing of a family member, the impact can be particularly agonizing when that loss follows the anticipation of medical intervention, such as a transplant. The immediate inclination might be to explore legal avenues through a medical malpractice claim, yet the determination of whether negligence played a role can be an intricate matter for the average individual. This Louisiana case shows how important it can be to obtain expert testimony to help show malpractice occurred. 

The medical malpractice case brought by Jarrard Green and his sister Bernadine Green arose from complications after a donated kidney failed post-transplant. Jarrard donated his kidney to Bernadine, who suffered from end-stage renal disease. The transplant was performed by one of the defendants, Joseph Buell. Several days after the transplant, the kidney failed and needed removal. Jarrard initiated a Medical Review Panel process which rendered an opinion in favor of the defendants stating there was no breach in the standard of care. 

A medical malpractice and lack of informed consent lawsuit followed. Defendants Dr. Joseph Buell, Dr. Douglas Slakey, and Tulane University Hospital filed a motion for summary judgment stating the Greens lacked the necessary expert testimony to support the allegations. The motion was granted by the trial court dismissing the claims. The Greens appealed. 

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pregnancy_belly_9_months-1024x685Imagine waking up one day and finding yourself out of a job simply because you are pregnant. This was the reality for Eryon Luke, as she claimed that her former employer, CPlace Forest Park SNF, LLC, fired her due to her pregnancy. This case, which attracted significant attention in legal circles, presents a deep dive into pregnancy discrimination lawsuits, exploring the application of state and federal laws and their impact on the employer-employee relationship.

Luke held a position as a Certified Nursing Assistant with Forest Park before her dismissal. Her employment was terminated during her maternity leave, which she contends was an act of discrimination by her employer. She asserted that Nottingham terminated her because she was pregnant, violating federal and Louisiana state laws.

To explain, under Louisiana law concerning unlawful employment practices, an employee with covered limitations, such as in this case, is allowed to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions. LA Rev Stat § 23:342. Luke also claimed that Nottingham refused her request for a temporary, less strenuous role during her pregnancy, which she argued was another unlawful employment practice.

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worker_shoes_shoes_work-1024x768Should an employer continue to pay for work-related injuries even after an employee has “fully recovered”? At issue is a decision that terminated an employee’s entitlement to certain benefits. After the employee suffered a work-related injury and received temporary total disability benefits, her former employer, The Walgreen Company, filed a motion to modify the judgment. This led to litigation and a subsequent appeal.

Former Walgreens employee Alyce Mouton, a resident of Metairie, Louisiana, was injured while performing her duties at Walgreen Drug Stores in that city. Initially, the Workers’ Compensation Judge (WCJ) of the Louisiana Fifth Circuit Court of Appeal ruled in her favor, awarding her temporary total disability benefits and ordering Walgreens to pay for all reasonable and necessary medical treatment resulting from her workplace injuries. However, Walgreens later filed a motion to modify the judgment, alleging a change in Mouton’s condition and seeking to convert her benefits from temporary total disability to supplemental earnings benefits (SEBs). This dispute eventually led to an appeal when Mouton challenged the decision. See Mouton v. Walgreen Co.

In Louisiana, the workers’ compensation system is governed by specific laws designed to protect the rights of both employees and employers. One such statute is Louisiana Revised Statutes 23:1310.8. This statute grants the WCJ continuing power and jurisdiction over each case. It allows for modifying or amendment of prior findings or orders when such changes are warranted in the judge’s opinion. In addition, the statute allows for review of any award upon motion of a party, particularly in cases where there has been a change in circumstances. The WCJ may then enter an award that terminates, reduces, or increases the compensation previously awarded.

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larimer_sheriff_2014_chevrolet-1024x683Before accepting a job, it is essential to review all policies provided to you by your potential employer, as these policies may not always be in your best interest. The following East Baton Rouge case demonstrates what may or may not be considered a “wage” payable at the end of employment. 

Ely Boucher was terminated from the East Baton Rouge Parish Sheriff’s Office and was simultaneously provided with a copy of their Leave Policy. A provision to the Leave Policy stipulated that a certain amount of hours of paid-time-off leave were paid upon termination of employment. Subsequently, Boucher, who had over 914 paid-time-off leave hours, was paid for 300 hours per the policy provisions. Boucher then argued the Leave Policy violated La. R.S.23:631 and made a written demand on the Sheriff, for unpaid wages. When Boucher’s demand went unanswered, he filed a lawsuit against the Sheriff with the Nineteenth Judicial District Court. 

Boucher filed a motion seeking to exclude the testimony of the EBR Sheriff’s Human Resource Director concerning her interpretation of the Leave Policy. He argued the document was the best evidence of its contents. He also argued that the testimony should be excluded based on the contract interpretation laws. 

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police_handcuffs_right_1072636-1024x680Imagine being wrongfully arrested and seeking justice for the harm caused. This was the situation for Joe Bridges III, Jordan M. Bridges, and Branden J. Herring, who filed a lawsuit for damages after an arrest on July 30, 2011. The plaintiffs initiated the lawsuit by filing a petition for damages on July 20, 2012. The defendants named in the petition included the Baton Rouge Police Department, the City of Baton Rouge, and several individual police officers.

The plaintiffs alleged their arrests were unjustified and had caused them harm, leading them to seek compensation for the damages incurred. They claimed the actions of the defendants, including the individual police officers, were responsible for their wrongful arrest and subsequent suffering.

In considering the appeal, the court had to apply the relevant rules and statutes. Of particular significance was La. C.C.P. art. 561. This article outlines the concept of abandonment and specifies the conditions under which a case may be dismissed. It requires parties to take steps in the prosecution or defense of an action within a three-year period to avoid abandonment. Clark v. State Farm Mutual Automobile Insurance Company, 00-3010, pp. 5-6 (La. 5/15/01), 785 So. 2d 779, 784.

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sunsets_family_happiness_beach-1024x683The challenges posed by mental and physical disabilities can place immense strain on families, particularly when the affected individual is unaware or unable to acknowledge their condition. When individuals face difficulties managing their health, personal matters, finances, and business affairs due to mental incapacity, they must take legal steps to protect their interests. During such trying times, the guidance of a skilled lawyer can alleviate some of the pain and stress that families experience. 

Stanton Lee Cadow faced just such a situation when his mother, America Jean Morris Metzler, was diagnosed with Alzheimer’s disease and, as a result, could no longer live independently, care for herself, or make sound personal and financial decisions. Her son, Cadow, thus sought a full interdiction to make legal decisions on her behalf. However, Metzler asserted her husband, John Metzler, Sr., was her power of attorney.

The proceedings began when Stanton filed a petition in 2014 seeking the interdiction of his mother, America Jean Morris Metzler, who was diagnosed with Alzheimer’s. Cadow alleged that his stepfather, John Metzler Sr., could not care for Metzler due to his health issues. Metzler contested the petition, asserting that Metzler, Sr., had a valid power of attorney and could act on her behalf. Initially, the trial court denied and dismissed Cadow’s claims without prejudice in 2015.

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texas_flag_texas_flag-1024x683It’s pretty common for large corporations to conduct business across multiple state lines. So, too, it’s expected that employees for these types of companies will also have connections with multiple states based on their employment with the corporation. In these situations determining which state and Court has jurisdiction over legal claims when such issues arise can become an incredibly fact-specific inquiry. This was the case for one Workers’ Compensation Judge (“WCJ”), who found that the Office of Workers’ Compensation (“OWC”) located in Lafayette, Louisiana had subject matter jurisdiction to decide the legal claims of a former Tyson-employed truck driver.

Frank Verret (“Mr. Verret”), a Louisiana resident, was hired as a long-haul truck driver for Tyson Foods, Inc. (“Tyson”) in 1999. Initially, he drove to a Tyson facility in Center, Texas, to apply for a position and later called to inquire about the status of his application from his home in Louisiana. During that phone call, Mr. Verret claimed that Tyson hired him for the long-haul truck driver position. Afterward, he drove back to Texas, picked up his truck, and began employment.

Years later, in 2015, while driving his Tyson truck through Oklahoma, Mr. Verret crashed into the median barrier. Mr. Verret was hospitalized and treated for his injuries in Oklahoma, then was sent to Texas for an employer-mandated drug screening before returning to Arkansas, where he had begun his route before the crash. A few months after the crash, a then-retired Mr. Verret filed a Disputed Claim for Compensation against Tyson.

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refinery_oil_aerial_natural_1-1024x683When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial. 

Fourteen workers at the Citgo Petroleum Corporation refinery in Lake Charles, Louisiana, were exposed to hydrogen sulfide and sulfur dioxide following a gas release. The workers suffered various symptoms, including nasal irritation, headaches, and chest pain. The workers filed a lawsuit against Citgo, arguing their symptoms resulted from the gas release. The trial court awarded nine of the fourteen plaintiffs damages for fear of future injury. All fourteen plaintiffs received damages for mental anguish/loss of enjoyment of life. Citgo appealed.  

On appeal, Citgo argued the trial court erred in awarding nine plaintiffs damages for fear of future injury because there was no evidence that the gas release could cause them future health problems. To recover for fear of future injury, a plaintiff must show a possibility of such damages from the tortious conduct. See Broussard v. Olin Corp. At trial, even the plaintiff’s expert witness did not testify that the plaintiffs were at risk for future health problems from the gas release. Additionally, there were studies presented indicating there were no known future health issues from similar exposures. Therefore, the appellate court found the trial court’s award of damages for future injuries was “mere speculation” and reversed the trial court’s award of damages for fear of future injuries to the nine plaintiffs. 

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medical_instruments_examination_424729-1024x768In the realm of medical malpractice, the intricacies of the legal process can often appear daunting, especially when juxtaposed against the heart-wrenching backdrop of a stillborn baby’s tragedy. K Arceneaux found herself entangled in this very confluence of circumstances, seeking justice for her devastating loss while grappling with legal procedure demands. As the mother’s quest for accountability unfolds, a crucial question emerges: Can a plaintiff prevail in a medical malpractice case without the indispensable backing of expert testimony?

K Arceneaux’s baby died in utero while she was hospitalized. The baby had hydrocephalus, or excess fluid in the brain. Arceneaux claimed the child’s death partly resulted from a failure to monitor its heart rate. She also claimed that the Lafayette General Medical Center (“LGMC”) nursing staff forced her out of bed after delivery. She claimed she fell on the floor, injuring her neck. 

Arceneaux filed a medical malpractice claim against LGMC and Dr. Bobby Nevils. The medical review panel determined there was no breach of the required standard of care. She then filed a lawsuit against LGMC. 

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car_wrecked_accident_collision-1024x617To succeed in a lawsuit, it is not enough that your claim has merit. Rather, you must also comply with sometimes complex procedural requirements. These requirements include strict time limits in which you must file your claim. Otherwise, even if your claim has merit, it could be dismissed because of a peremptory exception of prescription. The following lawsuit involving bad faith insurance claims shows just how critical timely filing and proper crafting of a lawsuit are to preserve all of your claims. 

While Harold Fils was driving a vehicle owned by Bilfinger Salmis, his employer, he was hit by a vehicle driven by an uninsured motorist. Bilfinger’s uninsured motorist insurer was Starr Indemnity. Fils submitted a claim to Starr for his injuries and other damages. Starr paid Fils $45,000 but refused to make any additional payments due to Fils’s purported pre-existing conditions. 

Fils filed a lawsuit against Starr for additional payments. Fils claimed his medical expenses alone were over $45,000. He later amended his petition to claim Starr had acted in bad faith and sought penalties and attorney fees under La. R.S. 22:1973 and 22:1892. Starr filed a peremptory exception of prescription, claiming Fils’ bad faith claim was barred as it had been filed more than one year after he filed his lawsuit against them. The trial court ruled in favor of Starr and dismissed Fils’ bad faith claim. Fils appealed.

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