Articles Posted in Negligence

by

pexels-pixabay-209112-1024x598Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.

Dewayne Montgomery, our tenant-turned-plaintiff, found himself in this exact predicament. He sued his landlord, Garry Lewis, claiming the apartment was riddled with mold and rat droppings, causing him various health issues. Montgomery alleged negligence, breach of contract, and even emotional distress as a result of his claimed paltry living conditions.

Lewis denied responsibility, arguing Montgomery couldn’t prove the mold caused his health problems or that Lewis knew about any pre-existing issues.

Continue reading

by

pexels-kelly-1179532-2898199-1024x575Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand? The Louisiana First Circuit Court of Appeal recently addressed this question when a worker was injured by an overhead power line. 

Brendan Sharp was employed by RedIron Construction, a Legacy Construction Services subcontractor. Legacy had been hired by Cummins Mid-South Diesel in Morgan City to construct a building, and Legacy brought RedIron in to install metal siding on the structure’s exterior. Sharp’s injury occurred when he touched one of the metal siding panels to a live overhead power line owned by Morgan City.

Sharp sued for damages, naming only Morgan City as a defendant. Morgan City then filed a third-party demand against both Legacy and RedIron, arguing that Morgan City itself was not liable for any damages due to Legacy’s and RedIron’s failure to comply with Louisiana’s Overhead Power Line Safety Act (OPLSA). La. R.S. 45:141. RedIron and Legacy then filed motions for summary judgment, contending that they were, in fact, in compliance with OPLSA.

Continue reading

by

pexels-jonathanborba-3279197-683x1024Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 

Steven Richardson began to experience excruciating lower back pain in August 2012 while visiting his daughter in Farmerville, Louisiana. Richardson was taken by ambulance to the emergency room at Christus Health Northern Louisiana Hospital (“Christus Health”). Richardson was treated by Dr. James W. Cotter, III, a specialist in emergency medicine.

Richardson told Dr. Cotter that he was experiencing severe lower back pain, had received a steroid injection from his son-in-law (an eye doctor), and had been taking prescription pain medication. Dr. Cotter ordered lab work for a complete blood count, and Dr. Mark Kraemer, who consulted on Richardson’s case, ordered an MRI. The blood test showed that Richardson had an elevated white blood cell count.

Continue reading

by

pexels-george-milton-6953868-683x1024Today, in the age of ever-prevalent social media, it is easier than ever to express opinions about events and even other people.  It is also easier for people to find one another’s statements, even if the people involved don’t know one another.  Statements about emotionally charged events can harm a person’s reputation, social standard, or self-worth.  The courts must balance free speech and private citizens’ protection.  The Louisiana First Circuit Court of Appeal recently considered such a situation.  

In 2015, St. Tammany Parish resident Kacie Breen shot her husband, Dr. Wayne Breen, and killed him, claiming self-defense.   The resulting investigation resulted in no prosecution or even arrest.  The case was documented closely in the media, and several online discussion groups proliferated.  Some posts in these groups suggested a murderous intent on behalf of Mrs. Breen.  

In January of 2016, she filed a lawsuit against some of the individuals who made such posts, claiming defamation.  Several defendants filed a special motion to strike the claim, claiming that they were expressions of opinion and that the lawsuit would violate their rights to free speech.  In regards to two of the involved parties, the Twenty-Second Judicial District Court for the Parish of St. Tammany granted the motion to strike.  Mrs. Breen appealed this decision.

Continue reading

by

pexels-element5-1125131-684x1024Relationships between employees and employers can sour quickly when employees commit negligence during their duties.  In some cases, the innocent party can seek compensation from the employer for damages caused by the employee.  But what if the party causing harm is not really an employee but an independent contractor?  And what if the roles are not entirely clear? A recent injury case out of Denham Springs addressed those questions. 

In May 2012, Irby Burleigh was descending from an attic in a home that he would possibly lease when the ladder detached from the ceiling while Mr. Burleigh was on it. He fell and sustained injuries because of this faulty ladder.

D.R. Horton, Inc. – Gulf Coast (“Horton”) was the general contractor that constructed the home. Mr. Burleigh filed a lawsuit against Horton, claiming that the ladder was not properly installed and that Horton’s negligence was the cause of the accident.

Continue reading

by

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. 

Continue reading

by

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. 

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

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. 

Continue reading
Contact Information
1140 St Charles Ave
New Orleans, LA 70130
Phone: (504) 521-6000
Fax: (504) 617-6300

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Berniard Law Firm
JUSTIA Law Firm Blog Design