Articles Posted in Pain And Suffering Claims

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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. 

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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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oil_well_head_surrounding-686x1024The rugged world of oil well labor often serves as a crucible of challenges, where hard work meets unforeseen perils. Within this demanding landscape, a legal saga unfolds, revealing the harrowing tale of two injured workers and the intricate journey through a labyrinthine appeals process. Their journey from the fiery depths of an explosion to the halls of justice sheds light on the complexities that can arise even after a jury’s verdict, providing a stark reminder of the importance of legal expertise in navigating this tumultuous terrain.

AIX Energy Inc. owned and operated an oil well in Claiborne Parish, Louisiana. It performed a frac job and hired Republic Well Testing as a contractor to measure the oil well’s flowback. Republic installed a flowback tank. AIX decided to try to set a “packer” to produce through smaller tubing. AIX hired Jeremy Shepard and Michael Jackson as toolpushers and floor hands. While attempting to set the “packer,” the crew ran into issues. In the course of the work, there was an explosion. Jackson and Shepard were standing near the well. They were knocked over and seriously burned. 

Jackson, Shepard, and their respective wives filed a personal injury lawsuit against AIX, Republic, and others. At trial, the jury found AIX and various other defendants were negligent. The jury allocated AIX 97.5% of the fault. The jury awarded Shepard and Jackson $22.45 million in damages. AIX appealed.

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storm_drain_drain_snow-1024x577Imagine walking through your neighborhood only to be seriously injured from tripping over a wire frame on a storm drain. The following case considers whether such a condition is open and obvious. This is an important consideration because if a condition is found to be open and obvious, then defendants do not have a duty to protect people from the condition. 

Theresa Granier and Linda Pace were walking on the sidewalk in their subdivision in Baton Rouge, Louisiana. They reached the end of the sidewalk and turned left to cross the street. While walking, they tried to step over a storm drain attached to the curb. They both purportedly stepped onto a wire frame, called an inlet protector, covering the drain’s opening. As a result, they tripped and fell on the street and were seriously injured. 

Granier and Pace then filed a lawsuit against Alvarez Construction Company, the developer of the subdivision as well as its insurer, Navigator Specialty Insurance Company. In the lawsuit, they claimed Alvarez was negligent because the inlet protector was in its control and created an unreasonable risk of injury. 

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parade_festival_irish_parade-1024x683The vibrant spirit of Mardi Gras parades, with their kaleidoscope of colors and joyous revelry, often paints a picture of unadulterated celebration. Yet, beneath the surface of these festivities, unexpected tragedies can unfold, turning the jubilation into a legal labyrinth. Such was the case in Franklin, Louisiana, where a moment of revelry took a distressing turn as a float participant was tragically injured during a parade. What followed was a legal showdown, entangling federal regulations, contractual intricacies, and the question of liability. Amidst the sparkle and confetti, a courtroom drama unfolded, revealing the complex legal considerations surrounding the incident.

Troylond Wise was driving an 18-wheeler he owned but had leased to ACME Truck Line when he was involved in an accident during a parade. Before the accident occurred, Takisha Welch asked Wise to pull a truck for a Mardi Gras parade in Franklin, Louisiana. Welch paid $100 to Wise to use his tractor-trailer. On the parade day, Bridget Jackson was riding in the floating Wise was pulling. When Wise tried to turn right, Jackson was thrown from the float. Wise then ran over her twice. 

Jackson filed a lawsuit against Wise, ACME, and First Guard Insurance Company, the tractor-trailer’s liability insurer. Franklin subsequently settled with First Guard, so the claims against it were dismissed. Before the accident, Wise had a five-year lease with ACME, whereby Wise leased ACME his tractor-trailer. 

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statues_amiens_cathedral_pic5-1024x768At the end of a trial, you are focused on whether or not the Judge ruled in your favor. However, it is not enough to only know who won the case, especially if you are considering an appeal. This case indicates the importance of paying attention not only to the outcome but also to the language in the final judgment the trial court issues. Louisiana has strict requirements for language that must be included in a final judgment for it to be valid so that an appellate court can hear the appeal. 

While Christopher Causey Jr. and Priscilla Hopkins were riding on a New Orleans Regional Transit Authority bus, they were allegedly injured following an incident involving hard braking. Their parents filed a lawsuit against the New Orleans Regional Transit Authority. Following a bench trial, the court entered a judgment in favor of the New Orleans Regional Transit Authority. The written judgment stated the plaintiffs had not provided sufficient evidence that the defendant had been negligent and caused the injuries. Notably, the judgment did not name any parties in the lawsuit but used the general terms, plaintiff and defendant. Additionally, the judgment did not explicitly state the relief the trial court granted or denied.

Before an appellate court in Louisiana can hear an appeal, it must first determine if there is a valid final judgment. See Urquhart v. Spencer. For a judgment to be a valid final judgment, it must include decretal language. That means the decision must be clearly and explicitly spelled out in the judgment and be precise and definite. It must also include the name of the party in whose favor the judgment is ordered and any relief granted or denied.  See Bd. of Supervisors of Louisiana State Univ. v. Mid City Holdings, LLC. 

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prison_fence_razor_ribbon_1-1024x768If you are considering filing a lawsuit, there are numerous procedural requirements with which you must comply. One of these requirements is that you file your lawsuit within the required period of time after the at-issue incident occurred. While the date you file your lawsuit is typically determined by the day the court receives your petition, the following case involves a special exception that applies to prisoners in certain situations. 

On January 5, 2014, Dale Brown was arrested by the police in Gretna, Louisiana, because they believed Brown was driving a vehicle involved in an armed robbery at a convenience store. While attempting to flee while being arrested, he was shot in the leg and bitten by one of the police dogs. Brown was subsequently convicted of armed robbery and aggravated flight from the police. 

While in the Louisiana State Penitentiary, Brown filed a lawsuit accusing the police of assault, battery, and civil rights violations, including use of excessive force. He claimed he filed his lawsuit within the one-year requirement of La. C.C. art. 3492. He claimed he provided his petition to the prison officials to mail on December 30, 2014. However, the Court of Orleans Parish Civil District Court clerk stamped Brown’s petition as having been filed on January 13, 2015. 

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hole_dark_light_black-1024x685Homeowners often have to deal with contractors, such as plumbers, completing work in their homes or yard. What happens when a homeowner is injured from a condition on the property the contractor created? The following case helps answer that question. 

Donald and Marilyn Lincoln hired Acadian Plumbing & Drain to go under their Metairie, Louisiana home and replace its drain lines. A few weeks after Acadian started the work, Marilyn Lincoln walked outside and fell into a hole Acadian had dug to access the pipes under their home. She injured her hip or leg and had to have surgery. 

The Lincolns filed a lawsuit against Acadian and its insurer. They claimed Acadian was negligent for not sufficiently securing or barricading the hole in the yard and for not warning them of the danger. While the lawsuit was still ongoing, Marilyn Lincoln passed away. Her son claimed her death resulted from a stroke caused by a blot clot that formed because of her injuries from falling into the hole and her resulting surgery. 

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ambulance_ambulance_service_1666012-678x1024Medical emergencies call for swift and professional response from emergency medical personnel. However, what happens when a patient sustains additional injuries during transit due to unforeseen circumstances? The following case highlights the complexities of dealing with immunity laws for government employees and emphasizes the importance of seeking legal counsel to navigate statutory requirements and potential exceptions when considering legal action in such situations.

One morning, Clovina Stein felt like she was having a heart attack at her home in Gretna, Louisiana, so she requested emergency medical services. They took Stein to the hospital in an ambulance. While in transit to the hospital, the driver had to make a sudden stop. That caused one of the emergency medical technicians to fall on top of Stein. 

Once at the hospital, Stein was treated for a heart attack. Stein filed a lawsuit against the city of Gretna, the responding emergency personnel, and other defendants, claiming she suffered severe injuries when the emergency medical technician fell on her while in transit to the hospital. 

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disabled_disabled_human_being-1024x734Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of the cause of injury, a lawsuit can help hold medical professionals responsible for the type of care they provide. The difference between a tort and a medical malpractice claim for nursing home injuries is examined in the following case. 

John Lee was a resident at Woldenberg Village nursing home located in New Orleans. Lee was labeled a fall risk and therefore had a fall-detecting device attached to his wheelchair that would sound if he attempted to stand up. When installed correctly, the device is not accessible to the wheelchair user. A nurse found Lee lying on the ground with the alarm device in his hand. Lee’s hip was injured and required surgery due to the fall.

Lee’s estate filed a tort lawsuit against Woldenberg for damages relating to the fall. Woldenberg filed an exception of prematurity because the claims related to medical malpractice and were therefore required to undergo investigation by a medical review panel before litigation. Lee’s estate appealed the lower court’s findings of prematurity.

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