Articles Posted in Litigation

casino_note_roadway_mark-1024x683When you enter a store or place of public accommodation as a customer, there is a certain expectation of safety. Many customers expect stores to provide clean bathrooms and a slip-free environment. This, however, was not the case for Valencia Lewis when she was walking through a New Orleans casino. 

Lewis was walking through Harrah’s Casino in New Orleans when she slipped and fell on the marble floor. After her fall, Lewis’s husband and son came to help her back to her feet. Lewis, her husband, and her son reported seeing “a little white stuff” on the floor. A Harrah’s employee identified this substance as a “smushed grape.” Ms. Mayshack, Harrah’s on-duty supervisor, noted that a substance “like melted cheese” was on the floor after Lewis’s fall. Another employee, however, reported that he did not see any smashed fruit on the ground after Lewis’s fall. During discovery, a video depicting Lewis’s fall was produced. This video, however, did not show any substance on the ground before Lewis’s fall. 

In her complaint, Lewis alleged that Jazz Casino, owner, and operator of Harrah’s, failed to (1) properly maintain the premises, (2) provide a reasonably safe surface for customers to walk on, (3) provide any warning of the dangerous condition and (4) inspect the area where Lewis was injured. Jazz Casino filed for summary judgment, arguing that there was no factual support for several elements of Lewis’s claim under Lousianna’s Merchant Liability Statute La. R.S. 9:2800.6. For instance, Jazz Casino argued that Lewis could not show whether (1) the food on the floor presented an unreasonable risk of harm that was reasonably foreseeable; (2) Jazz Casino created the risk of harm or had actual or constructive notice of the condition before Ms. Lewis’s fall, and (3) Jazz Casino failed to exercise reasonable care to keep the aisles and walkways free of hazardous conditions.

paramedics_doll_hospital_medical-683x1024The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of the importance of these procedures is found in a lawsuit involving Elliott R. James and Lakeview Medical Center, LLC. This case underscores the significance of following legal protocols and obtaining substantial evidence to bolster a medical malpractice claim.

Elliott R. James entered Lakeview Medical Center, LLC d/b/a Lakeview Regional Medical Center (“Lakeview”) for an exploratory laparotomy. A procedure where an endotracheal tube was inserted into him was completed with no complications. While he recovered for the next few days, James began experiencing nausea and vomiting. James returned to Lakeview, where Nurse Dinah Justilian attempted to place a nasogastric (NG) tube through James’s nose to reach his stomach. James alleges that Nurse Jusitilian did not contact his treating physician Dr. Darren Rowan before attempting to insert the tube. Nurse Justilian had difficulty inserting the tube. The tube encountered some resistance while being slid down Mr. James’ throat but was eventually able to be inserted successfully. Mr. James stated he felt severe pain in his throat during the process. 

A few days later, when the NG tube was removed, James still experienced pain in his throat. On November 4, 2010, Lakeview discharged James despite him still complaining of throat pain. James decided to obtain a second opinion about the pain from a specialist. The specialist found that his right vocal cord appeared damaged and would either heal within a year or was permanently damaged. Since then, James alleges his throat injury never healed. However, on July 16, 2014, a Medical Review Panel (MRP) rendered its findings on the situation. They found that the NG tube was placed correctly despite the discomfort, and there was no evidence that the NG tube was the likely cause of James’s injury. The MRP concluded that the evidence did not support James’s claim that Lakeview failed to meet the applicable standard of care. 

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. 

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.

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.

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.

inside_ambulance_ambulance_lighting-1024x576When medical emergencies strike, the rapid response of emergency medical technicians (EMTs) can mean the difference between life and death. However, the high-pressure nature of their role can also give rise to complex legal questions when outcomes take a tragic turn. Richard Miller’s case sheds light on the intricate landscape of EMT liability, illuminating the balance between legal protections afforded to these healthcare professionals and the pursuit of justice for patients and their families. It also helps answer the question: Can an emergency medical technician or their employer be held liable when things go wrong? 

Richard Miller was injured in a motorcycle crash. Following the crash, emergency medical technicians employed by Northshore Emergency Medical Service transported Miller to Riverside Medical Center, where he was found to be in critical condition. Northshore transported him there before contacting Louisiana Emergency Response Network, a clearinghouse used to determine which medical center can best provide for a patient. Because Riverside did not have the proper resources to treat Miller’s severe injuries, the emergency room doctor had to contact the Louisiana Emergency Response Network to determine where to transport him. While in transit to the new hospital, Miller’s condition worsened. Unfortunately, he passed away when he arrived at the new hospital. 

Miller’s estate and family filed a medical malpractice lawsuit against numerous companies and individuals, including Northshore, the company that transported him to Riverside initially. Northshore filed a summary judgment motion claiming Northshore was not liable to Miller for his injuries. The evidence it provided included an affidavit from the Northshore paramedic, medical records, and deposition testimony. The trial court granted Northshore’s summary judgment motion and dismissed Miller’s case. Miller appealed. 

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. 

refineries_haifa_israel_night-1024x682While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant, the multifaceted nature of damages is unveiled, shedding light on the need for robust legal representation to navigate the diverse categories of compensation.

Workers at Firestone Polymers plant near CITGO Petroleum Company’s refinery in Lake Charles, Louisiana, were exposed to higher than permitted sulphur dioxide and hydrogen sulfide levels. Eight individuals who worked at Firestone filed a lawsuit against CITGO. At trial, the court held the employees’ exposure to the higher than permitted levels of sulphur dioxide and hydrogen sulfide caused their injuries, including headaches, coughs, eye and sinus irritation, and sore throats. The trial court awarded damages based on the workers’ injuries over three years. Although CITGO agreed it was liable, it appealed the damages awarded to the injured workers.

On appeal, CITGO argued the trial court’s award of damages for fear of future injury was duplicative of the mental anguish damages. CITGO also argued there was insufficient evidence to support the fear of future injury and medical expense damages awarded to the workers. 

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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