Pain And Suffering Claims

August 4, 2023

Mardi Gras Parade Mishap Leads to Complex Liability Battle

parade_festival_irish_parade-1024x683 The 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.

August 3, 2023

The Critical Role of Language in Legal Judgments

by Berniard Law Firm

statues_amiens_cathedral_pic5-1024x768 At 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.

August 1, 2023

Procedural Hurdles: The Prison Mailbox Rule and Its Limitations

by Berniard Law Firm

prison_fence_razor_ribbon_1-1024x768 If 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.

July 28, 2023

Can a Homeowner Bring a Lawsuit Against a Contractor for Injuries?

by Berniard Law Firm

hole_dark_light_black-1024x685 Homeowners 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.

July 26, 2023

City and Emergency Responders Not Liable For Injuries Sustained En Route To Hospital

by Berniard Law Firm

ambulance_ambulance_service_1666012-678x1024 Medical 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.

July 24, 2023

Is Nursing Home Fall Medical Malpractice or Tort?

by Berniard Law Firm

disabled_disabled_human_being-1024x734 Many 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.

July 23, 2023

Look Both Ways Before You Cross!: Pedestrian Fault Allocation

by Berniard Law Firm

crosswalk_pedestrian_crossing_407023-1024x656 People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways before crossing the street, the following lawsuit may encourage you to take proactive steps to avoid being hit.

Wilson Jolivette was walking on a service road near Louisiana Highway 90 when he was struck by a passing truck driven by Ray Hebert. Hebert was employed by Hanagriff’s Machine Shop and was driving a large flatbed truck owned by the Shop. Jolivette broke both his wrist and ankle due to the collision. Hebert’s driver’s license documents partial vision loss in one eye, and he testified that he did not see Jolivette walking on the road.

Witnesses to the events described Jolivette walking into the road, being struck by the truck’s side mirror, and spinning into the air. Jolivette admitted that he did not look both ways before crossing the service road and consequently did not see the truck coming. Jolivette sued the Shop for medical expenses, pain and suffering, and loss of earnings. The jury found him 70% at fault for the accident and the Shop at fault for the other 30%. The jury also awarded Jolivette $10,000 for pain and suffering and other awards. Both parties appealed their assignments of fault. Jolivette appealed the $10,000 ruling.

July 18, 2023

Can you Sue a Hospital for Negligently Granting Your Doctor ‘Privileges’?

by Berniard Law Firm

building_hospital_within_931281-1024x683 Amid the potential chaos and life-or-death scenarios in a hospital emergency room, “negligent credentialing” might not immediately come to mind. It’s understandable; after all, numerous nightmare scenarios occupy our thoughts. However, negligent credentialing is an incredibly significant matter that hospitals face regularly.

So what is “negligent credentialing”? It all comes down to whether your doctor has the legitimate credentials to practice medicine at that hospital.

Imagine a chaotic life-or-death situation where someone you love has been rushed into the ER. Your first thought isn’t going to be, “Hm, I wonder if this doctor is board certified?” It’s assumed that if someone’s doing a professional job, they’re qualified to do it. You trust the mechanic changing your car’s oil knows what they’re doing, right? Or that your kid’s teacher has the right qualifications to teach. And your dentist—you’re pretty sure they’re qualified and accredited to poke around your mouth.

July 13, 2023

What Happens When You File a Claim For Workers’ Compensation in the Wrong Court?

by Berniard Law Firm

court_justice_interior_architecture-1024x768 Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are injured while working and attempt to file a claim for workers’ compensation in a state where you were not employed.

Louisiana resident Lemcy Cortez was hired by Triple F Oil Field Service, LLC, to drive trucks in Oklahoma. The day after he arrived in Oklahoma, Cortez was involved in an automobile accident that allegedly led to elbow and back injuries. He filed a Disputed Claim for Compensation in the Louisiana Office of Workers’ Compensation (OWC) against Triple F and its insurer for workers’ compensation benefits which he alleged his employer refused to pay. Triple F and its insurer claimed Cortez lacked subject matter jurisdiction. Triple F believed Cortez was hired in Oklahoma, and Cortez believed he was hired in Louisiana.

Cortez claimed he was hired over the phone in Louisiana, but in his recorded statement to the insurance company’s interviewee, he stated he was hired by Triple F in Oklahoma. Cortez offered two affidavits to support his position that he was hired in Louisiana. In the first, he claimed he contacted Triple F about the job while he was in Louisiana. He claimed he was contacted by Triple F in Louisiana when he was offered the job and accepted it over the phone. In the second, he claimed the company’s Vice President called him to offer him the job, and he knew Cortez lived in Louisiana. In addition, he claimed he understood he had been officially hired by Triple F at that point, and the company had made living arrangements for his move to Oklahoma.

July 12, 2023

Final Judgment Lacking Decretal Language: What Happens to Your Case?

by Berniard Law Firm

school_bus_canada_highway-1024x1024 It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean? The Louisiana Third Circuit Court of Appeal discusses this question and when a final judgment can be amended to contain all the necessary language crucial for the order.

Upon appeal, in the Third Circuit Court of Appeal in the State of Louisiana, Cedrick Laundry alleged that his son, Sengal, was injured when the school bus he was riding hit a curb and ran into a pothole. Defendants (the School Board and others) filed for summary judgment as they believed they were not responsible for Sengal’s injuries.

Summary judgment is when there is no genuine issue of material fact as it pertains to the case. Under Rule 56(a) of the Federal Rules of Civil Procedure, if the School Board cannot prove its case, the court will dismiss it. The trial court granted their motion for summary judgment but did not state the dismissal of any or all of the claims against the School. The judgment simply stated: