Articles Posted in Pain And Suffering Claims

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mma_fight_maza_maza-1024x683This case delves into a courtroom clash that spilled over into a legal battle, raising questions about the appropriateness of summary judgment when factual disputes remain at the heart of the matter.

Case Background

Felix DeJean, an attorney, got into a physical altercation with District Attorney Bradley Burget while discussing a case in a judge’s chambers. DeJean was later convicted of simple battery in a criminal trial. He then filed a civil lawsuit against Burget, seeking damages for injuries sustained in the altercation. Burget claimed he acted in self-defense, arguing that DeJean was the aggressor. The trial court granted summary judgment in favor of Burget, dismissing DeJean’s case.

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pexels-brett-sayles-1756957-1024x683A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

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pexels-adrien-olichon-1257089-5230094-683x1024In the world of industrial contracts, the devil often lies in the details – especially when it comes to indemnity clauses. These clauses determine who bears the financial responsibility if something goes wrong, and they can be a source of heated legal battles. This is precisely what happened in the case of Godfrey T. Fagot v. Dow Chemical Company, et al., where Turner Industries and Honeywell International clashed over the interpretation of their contracts.

The Underlying Lawsuit:

Godfrey Fagot, a former pipefitter/welder, sued several companies, including Turner Industries and Honeywell, claiming he developed mesothelioma due to asbestos exposure while working at Honeywell’s facility. Turner, a contractor for Honeywell, had signed contracts in 1978 and 1985 containing indemnity provisions.

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pexels-pixabay-532001-2-1024x683Emergency responders have a critical job, often requiring them to speed and navigate through traffic to reach those in need. But what happens when those actions result in an accident? Who’s at fault when an officer responding to an emergency collides with another vehicle? A recent Louisiana Court of Appeal case, Karonda Washington v. OneBeacon America Insurance Company, et al., sheds light on these complex issues.

The Collision

Late one night in Baton Rouge, Karonda Washington was a passenger in a car driven by her daughter, Shankeyshia Jones. Two sheriff’s deputies, Brad Manuel and Tyler Comeaux, were rushing to a disturbance call with their lights and sirens activated. Jones moved her vehicle into the left lane to make a turn, and Deputy Manuel stopped behind her. As Deputy Comeaux attempted to pass, he rear-ended Manuel’s cruiser, pushing it into Jones’ vehicle and injuring Washington.

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pexels-cadomaestro-3677150-722x1024A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the case of Penny Micken, whose legal battle against Heritage Manor of Napoleonville nursing home highlights the critical importance of adhering to legal deadlines.

In September 2015, Penny Micken, working as a sitter at Heritage Manor, slipped and fell on a liquid substance on the floor. The fall allegedly resulted in severe injuries. A year later, Micken filed a lawsuit, but she mistakenly named the wrong defendant, leading to a series of legal complications.

The Wrong Defendant and the Ticking Clock:

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pexels-rdne-6669103-1024x683In a heart-wrenching incident, Dr. Alan Sandifer, an avid bow hunter, tragically lost his life in a freak accident involving his Hoyt compound bow. The Sandifer family’s quest for answers led them to the courtroom, seeking justice through a lawsuit against the bow’s manufacturer, Hoyt Archery, Inc. This blog post delves into the complexities of the case, the legal arguments presented, and the ultimate ruling that brought the Sandifers’ pursuit to a close.

The Unforeseen Tragedy:

Dr. Sandifer was at home, engrossed in his passion for bow hunting. While his wife was in another room, he was examining his Hoyt Vulcan XT500 compound bow, possibly making some modifications. A loud noise startled his wife, and she rushed to find her husband unconscious, the bow’s metal cable guard tragically embedded in his head. Dr. Sandifer succumbed to his injuries the following day.

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pexels-kelly-1179532-3794777-1024x683In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a summary judgment in favor of the City of Kenner and Veolia Water North America-South, LLC, in a personal injury case. The case, Candido Perdomo v. City of Kenner and Veolia Water, involved a garbage collector, Candido Perdomo, who was injured when a portion of the street collapsed under his garbage truck.

Mr. Perdomo, employed by Ramelli Janitorial Service, was collecting garbage for the City of Kenner when a section of 27th Street near the intersection of Salem Street crumbled beneath the weight of the garbage truck he was riding in. The collapse was attributed to a leaking sewer line.

Kenner and Veolia, the company contracted to operate and maintain the Kenner sewer system, moved for summary judgment, arguing that Mr. Perdomo could not prove they had prior knowledge (or ‘notice’) of the defect in the road, a crucial element in such cases. The trial court agreed and dismissed Mr. Perdomo’s claims.

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pexels-ekaterina-bolovtsova-6077447-1024x683In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward summary judgment grants.

Cassandra Smith filed a lawsuit against B-3 Property, Blair Bail Bonds, and St. Roch Villa, alleging negligence in connection with a slip-and-fall incident at her apartment complex. After several years of litigation, the trial court granted summary judgment in favor of Smith. The defendants appealed this decision.

The Issue of Appellate Jurisdiction

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pexels-bentonphotocinema-1095602-1024x683In a recent decision, the Louisiana Court of Appeal, Fourth Circuit, overturned a trial court ruling in a medical malpractice case involving the death of Nicole Phillips. The case, Jamal Wright et al. v. The State of Louisiana, O/B/ of Jamie Alleyn, M.D., et al., highlights the critical importance of adhering to proper service of process procedures when suing state-employed healthcare providers.

The case originated from a medical malpractice claim against several doctors employed by the State of Louisiana. The claim was initially brought before a medical review panel in 2015 and subsequently amended following the death of Nicole Phillips in 2016. The lawsuit was then filed by Jamal Wright, the father of Ms. Phillips’ minor child.

The Doctors, upon being served with the Petition for Damages, filed declinatory exceptions of insufficiency of citation and insufficiency of service of process. They argued that the service was improper as it was not directed to the designated agents for service of process as required by Louisiana law.

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pexels-ono-kosuki-5999944-1024x683In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained injuries after striking a revolving door at the Lafayette Airport.

Ms. Bernard filed a lawsuit alleging that the revolving door, installed by Stanley, came to an abrupt halt, causing her to fall and sustain injuries. She claimed Stanley was negligent in the installation, maintenance, repair, and employee training related to the door.

Stanley filed a motion for summary judgment, asserting that it had no duty to Ms. Bernard as the responsibility for daily inspection and maintenance of the doors rested with the Lafayette Airport. They also argued that there was no evidence of the door malfunctioning.

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