Litigation

September 15, 2024

Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case

pexels-lukas-hartmann-304281-1719475-1024x700 In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident where Mr. Collins, a deckhand on the vessel Derrick 62, sustained an injury while performing his duties.

Mr. Collins filed a lawsuit alleging he was injured while connecting pipes on a jetty in the Mississippi River. The task required the use of a chain binder, but the available equipment was inadequate. Mr. Collins, being the largest and strongest crew member, was asked to assist. During the process, another crew member struck the binder with a bar, causing injury to Mr. Collins’s thumb. Subsequently, Mr. Collins experienced neck and shoulder pain.

Great Lakes disputed the connection between the incident and Mr. Collins’s neck and shoulder complaints, citing independent medical examinations that found no relation.

September 13, 2024

Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes

by Berniard Law Firm

pexels-sora-shimazaki-5668765-1024x683 In a recent decision, the Louisiana Court of Appeal reversed a summary judgment granted in favor of attorneys in a legal malpractice lawsuit. The case, highlights the critical distinction between contractual and delictual claims in insurance disputes and the potential impact on the applicable statute of limitations.

Michael Belanger was involved in a car accident and obtained a judgment against the other driver for an amount exceeding her insurance policy limits. He later sued the driver’s insurance company (GEICO) for bad faith failure to settle within policy limits. Belanger was represented by the same attorneys in both cases.

GEICO successfully argued in federal court that Belanger’s bad faith claim had prescribed (or expired due to the statute of limitations) because it was subject to a one-year prescriptive period for delictual (tort) actions. Belanger then sued his attorneys for legal malpractice, claiming they failed to argue that a ten-year prescriptive period for contractual actions applied.

September 12, 2024

Understanding the Finality of Workers’ Compensation Settlements

by Berniard Law Firm

pexels-pixabay-261621-1024x768 Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the importance of carefully considering settlement agreements in workers’ compensation claims.

Benny Hernandez was injured at work in 2014. He initially filed a workers’ compensation claim, represented by an attorney, and reached a settlement with his employer and its insurer. The settlement was approved by a workers’ compensation judge, and Hernandez’s claim was dismissed with prejudice.

However, a year later, Hernandez filed another claim related to the same injury. His employer and insurer responded with a peremptory exception of res judicata, arguing that the matter had already been resolved. The court agreed and dismissed Hernandez’s second claim.

September 9, 2024

Ochsner’s Summary Judgment in Slip and Fall Case Overturned

by Berniard Law Firm

pexels-tomfisk-1692693-1024x682 In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion.

Doris Stogner slipped and fell in the atrium of an Ochsner facility in 2011, allegedly sustaining injuries. She filed a lawsuit against Ochsner, claiming negligence in maintaining the premises and allowing a slippery substance to exist. Ochsner countered with a motion for summary judgment, asserting they had proper inspection procedures in place and were not liable for the actions of independent contractors.

Key Points of the Case:

September 8, 2024

New Orleans Police Officer Reinstated After Controversial Termination

by Berniard Law Firm

pexels-pixabay-532001-1-1024x683 In a recent Louisiana Court of Appeal ruling, the Fourth Circuit reinstated Officer Isaiah Shannon to the New Orleans Police Department (NOPD) with back pay and benefits after a contentious dismissal. This case highlights the complexities surrounding police conduct, the use of force, and the importance of due process.

The incident that led to Officer Shannon’s termination occurred in August 2013 during a traffic stop that escalated into a car chase. Following a collision, a physical altercation broke out, and Officer Shannon discharged his weapon. The passenger fled unharmed.

The core of the dispute revolved around whether Officer Shannon fired his weapon from inside or outside the suspect’s vehicle. Officer Shannon maintained he shot from inside the car, while witnesses and investigators contended he fired from outside. The absence of bullet marks inside the vehicle and video surveillance footage were cited as evidence against Officer Shannon’s account.

September 7, 2024

“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings

by Berniard Law Firm

vidar-nordli-mathisen-ZZvsfoidr5g-unsplash-1024x729 In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how the presence of warning signs can significantly impact a personal injury claim.

Sybil Schroeder slipped and fell in the restroom of a travel plaza, sustaining injuries. She sued the travel plaza and its insurer, claiming they were negligent in maintaining a safe environment. However, she admitted in her deposition that she had noticed two “wet floor” signs before entering the restroom.

The defendants filed a motion for summary judgment, arguing that the presence of these signs demonstrated they had exercised reasonable care. The trial court initially denied the motion, but the Court of Appeal reversed this decision.

September 6, 2024

The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases

by Berniard Law Firm

jon-tyson-FlHdnPO6dlw-unsplash-769x1024 In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription rules, especially when multiple parties might be involved.

Agnes Jones slipped and fell on an allegedly defective walkway in New Iberia, Louisiana. Within the one-year prescription period, she filed a lawsuit against the property owner and the Iberia Parish Government. However, almost three years after the accident, she amended her lawsuit to include the City of New Iberia as a defendant.

The City of New Iberia filed an exception of prescription, arguing that Jones’ claim against them was filed too late. The trial court agreed and dismissed Jones’ claims against the City. Jones appealed this decision.

September 5, 2024

Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction

by Berniard Law Firm

pexels-pixabay-163007-1024x591 A recent Louisiana Court of Appeal for the Third Circuit decision underscores the importance of the “continuing jurisdiction” principle in workers’ compensation cases. In this recent opinion, the court overturned a Workers’ Compensation Judge’s (WCJ) decision to dismiss a previously adjudicated claim, highlighting the specific procedures and legal framework that must be followed in such cases.

Mr. Green filed a workers’ compensation claim after suffering a work-related accident in 2008. The case went to trial in 2009, where certain facts were agreed upon, including Mr. Green’s entitlement to benefits and the employer’s liability for a penalty. The court determined Mr. Green’s average weekly wage and awarded him attorney fees and court costs. This ruling was finalized in a judgment on October 14, 2009.

In 2014, both parties agreed to stay the case until further motions were filed. However, no motions were filed, and the case remained stayed for over three years.

September 4, 2024

Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim?

by Berniard Law Firm

pexels-phenyo-deluxe-427483-1486188-1024x683 In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer, State Farm, followed by a separate personal injury lawsuit. The defendants tried to dismiss the second suit based on the doctrine of res judicata, but the Court of Appeal overturned the trial court’s decision, emphasizing the distinct nature of the two claims.

In 2015, Joy Wicker was involved in a car accident with Cathy Craddock. State Farm, Wicker’s insurer, filed a lawsuit in City Court against Craddock and her insurer, Louisiana Farm Bureau, seeking reimbursement for property damage, rental car payments, and medical payments made to Wicker.

Subsequently, Wicker filed a separate lawsuit in the 19th Judicial District Court, seeking damages for her personal injuries from the same accident.

September 3, 2024

When Does the Clock Start Ticking on a Legal Malpractice Claim in Louisiana? Understanding the Peremptive Period

by Berniard Law Firm

pexels-sora-shimazaki-5669602-703x1024 In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and understand the implications for those considering legal action against their attorneys.

Glenda Wells hired Henry T. Dart, Attorneys at Law, APC, to represent her in a personal injury and property contamination lawsuit against several oil companies. Over time, Ms. Wells became dissatisfied with their representation and lodged a complaint with the Louisiana Attorney Disciplinary Board in October 2013, stating she believed the firm’s actions constituted “major negligence.”

Despite this, Ms. Wells continued her relationship with the firm until they withdrew from her case in 2015. Subsequently, her case was dismissed, and she filed a legal malpractice lawsuit against the firm in March 2017. The firm argued her claim was barred by the one-year peremptive period outlined in Louisiana Revised Statutes 9:5605.