Negligence

June 24, 2023

Workers’ Compensation Lawsuits and the Battle for Evidence

pelicans_australian_pelican_pelican-1024x1024 Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary judgment before you can complete discovery?

Michael Mack Sr. worked as a prep cook at the restaurant Blind Pelican. While working a shift, he went into the restaurant’s bathroom, where he tragically suffered a heart attack. He was transported to Touro Hospital via ambulance and died later that night.

After Mack’s death, his wife, Denisa Allen, filed Form 1008, a disputed claim for compensation under La. R.S. 23:1231, on behalf of her minor child. She described the accident as a heart attack while he was on the job and provided medical data from the New Orleans coroner.

June 21, 2023

Allocation of Fault and Damages in a Car Crash: Who is Right?

by Berniard Law Firm

car_crash_1-1024x768 If you ever find yourself injured in a car accident, it’s crucial to seek legal advice from a licensed attorney in your jurisdiction. Consulting with an attorney can help you understand your rights and determine if you are entitled to compensation, depending on the allocation of fault. Car accidents can be complex, and navigating the legal process requires expert guidance.

A motor vehicle accident occurred at the intersection of Louisiana Highway 315 and Concord Bypass Road in Terrebonne Parish. The accident involved a pickup truck driven by Michael Gaither and a utility van driven by Deputy Warren Webre. Gaither used the turning lane to pass slower traffic when Deputy Webre’s van collided with his vehicle. The investigating officer cited both drivers, citing failure to stop and yield for Deputy Webre and improper lane usage for Gaither.

Following the accident, Gaither filed a lawsuit seeking damages for his injuries. He alleged that Deputy Webre’s failure to pay proper attention and yield caused the accident. Gaither claimed that even if he had turned left onto Concord Bypass Road, the collision would have occurred due to Deputy Webre’s actions. Gaither argued that Deputy Webre should bear a greater share of the fault.

June 20, 2023

Should Courts Limit Liability for Distracting Passengers?

by Berniard Law Firm

auto_wall_breakthrough_art-1024x683 From a serious crash to a minor fender bender, car accidents take a devastating emotional and financial toll on the people involved. Common principles of fairness suggest that if a distracting passenger helped cause the crash, they should also be liable to help pay. Unfortunately, deciding which acts are sufficiently distracting enough to warrant liability in comparative negligence law can be complicated. The thought-provoking lawsuit of Christy Robinette versus Old Republic Insurance Company sheds light on this issue, raising the question: Should courts restrict liability for passengers who contribute to distractions?

The case of Christy Robinette versus Old Republic Insurance Company involves a passenger (Robinette) and a driver (Zeno). During a heated argument, Zeno’s car collided with another and injured Robinette. Robinette brought a lawsuit for costs associated with her injuries.

Zeno argued that because Robinette was screaming and cursing at him, she should take some liability for the crash. The court ultimately denied relief based on a few justifications.

June 18, 2023

What are the liability standards for ambulances and other emergency vehicle drivers involved in a car accident?

by Berniard Law Firm

bellingham_fire_ambulance_4-1024x683 Determining liability can be complex when a car crash occurs and even more so when one of the vehicles involved is an ambulance. In Louisiana, the law applies a unique standard of care to emergency vehicle drivers. So what are the liability standards for ambulances and other emergency vehicle drivers involved in car accidents? The following lawsuit out of Lafayette, Louisiana, helps answer that question.

Gerald Janise was involved in a collision with William Gerard at an intersection in Lafayette, Louisiana. At the time of the accident, Gerard was driving an Acadian Ambulance Service vehicle. Janise filed a lawsuit against Gerard, Acadian Ambulance Service, and their insurer.

Janise claimed at a red light, Gerard did not obey the traffic signals or exercise proper caution and collided with Janise’s car. Gerard filed a summary judgment motion, arguing under La. R.S. 32:24, the driver of an emergency vehicle responding to an emergency can only be held liable if his conduct amounts to reckless disregard for others’ safety. The court denied Gerard’s summary judgment motion.

June 17, 2023

Delay in Filing Results In Dismissal Of Medical Malpractice Lawsuit

by Berniard Law Firm

medical_drug_medicinal_products-1024x683 We have all heard advice not to procrastinate. This is especially true if you are considering bringing a lawsuit. If you are considering filing a medical malpractice lawsuit against your doctor, you cannot wait indefinitely because Louisiana law has strict time limits for filing medical malpractice lawsuits. The following case out of Lafayette Parish shows the harsh consequences if you delay filing your case.

While working, Daniel McCauley injured his knee. He underwent treatment, but it was unsuccessful. McCauley returned to the same doctor, Dr. Malcolm Stubbs, approximately six years later, complaining of pain. He underwent additional procedures on his knee for the next five years. Nonetheless, McCauley continued to suffer from knee pain, which he claims to still suffer from to this day.

Over a year after stopping treatment from Dr. Stubbs, McCauley filed a medical malpractice lawsuit against Dr. Stubbs related to procedures Dr. Stubbs had performed on McCauley three and six years before him filing the lawsuit. The trial court granted an exception of prescription and dismissed the claim because McCauley did not file the lawsuit within three years or one year after his doctor-patient relationship with Dr. Stubbs ended. McCauley appealed, arguing the trial court erred in holding his claim was time barred.

June 16, 2023

Misrepresentations of Safety: Uncovering Liability for Injuries

by Berniard Law Firm

mud_background_parched_dry-1024x768 We all like to think we can rely on other people’s assertions that something is safe. But what happens when it turns out someone is making misrepresentations about safety? Can they be held liable for resulting injuries? The following lawsuit out of St. Landry parish helps answer that question.

Ryan Stroder worked as a trucker driver for MyVac, LLC. He was called to one of Hilcorp Energy’s land-based oil rigs to transport drilling mud for disposal. Hilcorp Energy ordered him to bring an open-ended dump truck to transport the mud.

Stroder thought the mud was too fluid to be hauled in the open-ended dump truck when he arrived. He offered to return and get another truck that would be more appropriate for hauling the mud. When he raised these concerns, he was assured by Monty Lanthier, who worked for Thomas Stevens as an independently contracted “company man,” and Freddie Grimaldo, a solids control operator employed by Gulf Coast, that it would be safe to proceed with transporting the mud with his open-ended dump truck. Those assurances proved incorrect because shortly thereafter, while driving a few miles away from the rig, the load shifted and caused the truck to overturn, injuring Stroder.

June 13, 2023

How Does a Court Determine Liability in a Child Pedestrian Accident?

by Berniard Law Firm

yard_bike_lawn_mower-1024x768 One of a parent’s worst nightmares is something happening to their child. This case delves into the heart-wrenching incident of a young child being struck by a neighbor’s car, leading to a complex legal battle to determine responsibility for the resulting injuries. While the child eventually recovered, the accident’s aftermath unleashed a lawsuit that delved into conflicting accounts and legal statutes governing pedestrian conduct. By examining the trial and appellate court’s proceedings, we gain insights that help answer the question: How does a court determine liability in a child pedestrian accident?

First – a bit of background on the context of the vehicle accident. When Sonya Meyer was driving home from taking her daughter to school, Cole Troxclair played in his front yard. As Meyer drove down the street from Troxclair’s home, her car struck Cole Troxclair. He was injured and spent about a day at the hospital. He returned to normal activities about a month or two later. Troxclair’s parents filed a lawsuit against Meyer and her insurer, Liberty Personal Insurance Company. Following a trial, the court found Meyer liable for the accident and awarded Troxclair $29,619.99 in damages.

Meyer and her insurance company challenged the trial court’s finding that Meyer was solely responsible for the accident. They argued Troxclair was accountable for his injuries because he ran in front of Meyer’s vehicle, and Meyer did not have time to take action to avoid hitting him. They argued that Troxclair violated La.R.S.32:212(b), which says pedestrians shall not suddenly leave a curb or other safe place and enter a vehicle’s path.

June 12, 2023

Blind Trust: The Importance of Timely Appeals in Personal Injury Cases

by Berniard Law Firm

courthouse_311_jarvis_st-1024x768 In personal injury cases, plaintiffs are often left vulnerable due to the accidents leading to their injuries. Hence, they require excellent attorneys who don’t exploit these vulnerabilities but instead zealously advocate on their behalf. For Claude Allen Newsome (“Newsome”), a November 2010 car accident in Bossier Parish, Louisiana, left him without sight, which was a direct result of macular degeneration caused by the accident. After that, Newsome was deemed legally blind and rendered a person with quadriplegia. Newsome appointed Robert Lansdale (“Lansdale”) as his power of attorney. What unfolded while seeking damages on behalf of Newsome demonstrates the necessity to lodge objections on the record and timely appeal matters.

After Newsome named Lansdale as his agent, Lansdale hired an attorney, Norman Gordon (“Gordon”), to represent Newsome in his personal injury lawsuit. The lawsuit eventually settled for approximately $7.4 million, and Gordon recommended to Newsome and Lansdale that setting up a special-needs trust would benefit Newsome. Lansdale told Gordon that Newsome would not consider establishing a trust.

Concerned, Gordon withdrew his representation of Newsome, expressing that a conflict of interest had developed and relaying to the court that he believed Lansdale would not use the settlement proceeds for Newsome’s benefit. The court held a status conference where Gordon appeared allegedly without Newsome’s knowledge and asked the court to protect Newsome from the possibility of undue influence by Lansdale. Resulting of this conference, the court ordered that a special needs trust be created to receive the funds from Newsome’s settlement. Later, at a second status conference, the court-appointed Regions Bank as the corporate trustee of Newsome’s newly established special needs trust and appointed Newsome’s aunt, Stella Jean Godley as the trustee over Newsome’s person. The court also ordered that $3,879,835.67 of the $7.4 million settlement proceeds, minus the payment of fees, expenses, and liens, be transferred into the trust. At no point during these conferences and court orders did Newsome object or appeal.

June 11, 2023

While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date

by Berniard Law Firm

purse_money_credit_squeeze-1024x683 For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr. Taylor), the plaintiff in his case brought against Hanson North America (Hanson), ran into this evidentiary legal hurdle when he appealed the Office of Workers’ Compensation (OWC) decision denying his motion to Louisiana’s First Circuit Court of Appeal.

Twenty years before the First Circuit Court issued its 2015 opinion affirming the OWC decision, Mr. Taylor was injured in a work-related accident. His injuries left him permanently and totally disabled. Afterward, the OWC determined that Mr. Taylor was entitled to workers’ compensation benefits.

Years later, Mr. Taylor’s physicians recommended that he undergo a myelogram, CT scan, and physical therapy. However, Hanson, the successor in interest of his former employer, refused to authorize these treatments. In turn, Mr. Taylor filed a disputed claim with the OWC against Hanson, seeking penalties and attorney fees for Hanson’s failure to approve these treatments and for failure to timely pay his medical expenses and prescriptions.

June 10, 2023

East Baton Rouge Court Relies on Witness Testimony to Decide Automobile Accident Case

by Berniard Law Firm

rear_mirror_mirrors_auto-1024x768 Following an automobile accident, you will likely deal with insurance companies unwilling to pay what you believe you are owed. Insurance companies may rely on a multitude of evidence to support their decisions, including witness testimony. The following East Baton Rouge lawsuit demonstrates the weight courts may place on witness testimony following a car accident.

Darral Norwood was driving a car owned by Toshika W. Smith, the mother of Laterrica Gustave. Gustave had Smith’s express permission to drive the car under certain circumstances without asking, although she was required to ask permission from Smith for all other purposes. Smith had an automobile liability policy on the car, where Smith was named as the only insured. The policy, however, included a provision excluding coverage of any damage caused by someone operating the vehicle at the time of the accident without the express or implied permission of the insured.

On the day of the accident, Norwood, who did not have a driver’s license or a vehicle, claimed Gustave told him to take the car to work. Gustave, however, denied ever permitting Norwood to take the vehicle. Norwood, driving Smith’s car, then rear-ended Rachel Pray’s vehicle as she slowed down due to congested traffic.