Articles Posted in Litigation

On the morning of February 2, 1961, Erwin Davis was driving his Chevrolet Impala southbound on Louisiana State Route 66 toward Bains. O.C. Roberts, who was driving a Pontiac with two other passengers, was headed north on the same road in the direction of Angola. When Roberts attempted to slow his car, the front left brake “grabbed,” causing the vehicle to cross the center line and veer into the path of Davisís oncoming Chevy. Davis suffered contusions to the head, shoulder, and chest, as well as a neck strain which aggravated a pre-existing arthritic condition. He was hospitalized for six days, wore a collar brace for 10 months, and was placed in traction while recuperating in his home.

According to Louisiana law, a plaintiff has the burden of proof to establish the essential facts that support his theory of recovery. At trial, Davis put on evidence showing that the accident occurred because Roberts’ car crossed the road’s center line and invaded Davis’ lane. This established a prima facie case of negligence against Roberts. A prima facie case means evidence which, unless countered by the defendant, would support the plaintiff’s theory of recovery. Here, Roberts had a duty to operate his car in a safe manner, which would include maintaining control of his vehicle and keeping it within his lane of travel. The movement of Roberts’ vehicle into the oncoming lane represented a breach of this duty, and pointed to negligence unless Roberts could rebut that presumption with his own evidence.

Roberts offered the testimony of Alvin Doyle, an automobile consultant who inspected Robertsís Pontiac after the crash. Doyle testified that the brake “grabbing” sensation Roberts felt just before the accident was due to excessive grease on the left front brake drum, which was the result of improper lubrication of the ball joint. In Doyle’s opinion, the “accumulation of grease was so obvious as to merit the attention of any conscientious grease man and to call for replacement as well as removal of the grease deposits.”

In navigating the complex waters of lawsuits, personal injury cases will often require the use of experts to make it through the waves of unclear facts. An expert is oftentimes a professional (although this is not a requirement) in a given field that can help lend credibility to a plaintiff’s (or defendant’s) theory in the eyes of a judge or jury. Experts do this by persuasively demonstrating knowledge of the facts and legal issues at hand that support a judgment in favor of one side or the other.

In Bozarth v. State of Louisiana LSU Medical Center, the plaintiff’s case hinged partially on whether the trial judge correctly admitted the testimony of the defendant’s expert, Dr. Mary Eschete. Bozarth was originally a medical malpractice case in which the plaintiffs sued Louisiana State University Regional Medical Center for

fail[ing] to properly diagnose and treat Mr. Bozarth and for negligently proscribing medications and discharging Mr. Bozarth under the circumstances.

On January 22nd a state court jury found in favor of 84 year old Berna Courville in her suit against Robinswood School (on the former Chennault Air Force Base). Ms. Courville’s son, 39 year old Tony Courville, had been a resident of the facility that cares for people with severe mental retardation for the past 15 years.

According to the Courville family, they noticed their son coughing on June 5-6, 2005. They notified the facility who they allege did not treat the cough. Courville was taken to the hospital with pneumonia on June 14, 2005. His chest was so full of fluid that his heart and trachea had been shoved over. According to the testimony of pulmonologist Dr. Gary Kohler, 4.5 liters were drained from the right side of his chest. Per medical records, Robinswood allowed Courville to gain 41 pounds in 14 days. He did not recover from the pneumonia and eventually passed away.

Courville’s untimely death led his surviving family members to file suit against the facility, alleging they acted improperly and negligently in their care for the man. While Courville’s family believed the death was the result of what should have been an obvious illness that medical caregivers would detect under proper conditions, Robinswood alleged in court that this was not the case and that the care the facility provided was proper.

The Crowley Today reports that a man has filed suit against a Arcadia Parish Sheriff’s Deputy, the Crowley Police Department, and the City after an incident that occurred less than one year ago on July 16, 2009.

The suit concerns Reginald Phillips, an Arcadia man who merely wanted to return to his estranged wife’s residence to retrieve his belongings. Fearing his estranged wife might resort to violence during this visit, Mr. Phillips requested Crowley Police escort him on his trip. Mr. Phillips alleges that while inside her residence, the officers left him and his wife alone. It was at this point that Kimberly Phillips allegedly shot Mr. Phillips several times, resulting in severe injuries including permanent paralysis below the waist.

Mr. Phillips alleges in his claim general negligence against the officers and the Police Department. Case history in Louisiana has shown that prevailing on a statutory negligence claim under Louisiana Civil Code Articles 2315 and 2316, plaintiffs are required to allege five elements: (1) the defendant had a duty owed to the plaintiff to exhibit a specific minimum level of conduct; (2) the defendant breached his duty to live up to this standard; (3) the defendant’s conduct actually caused the plaintiff’s injuries; (4) the defendant’s conduct could in some way serve as the legal basis