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pexels-pixabay-159832-1024x683In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights the complexities of release agreements and the importance of considering the parties’ intent.

Case Background:

Tonyel Singleton was involved in a car accident and subsequently settled with the at-fault driver’s insurance company, State Farm, for their policy limits. The release agreement she signed included broad language releasing “all other persons, firms or corporations liable or, who might be claimed to be liable” from any claims related to the accident.

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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-rezwan-1145434-1024x683In a significant victory for the family of a deceased worker, the Louisiana Court of Appeal has overturned a previous ruling, ensuring they receive workers’ compensation death benefits. The case, Orozco v. Filser Construction & Aries Building Systems, Inc., centered around the complex issue of determining whether Serna Jr. was an independent contractor or an employee entitled to workers’ compensation benefits.

Case Background

Serna Jr. was working for his father’s company, Filser Construction, which was subcontracted by Aries Building Systems to perform work at a U.S. Navy facility. He was tragically killed while moving trailers on the job site. His alleged dependents, Mariana Orozco and Aggie Filiberto Serna Orozco filed a workers’ compensation claim against Filser and Aries.

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pexels-sora-shimazaki-5673488-1024x683In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction.

The case centered on a failed real estate purchase agreement, underscoring the importance of understanding contractual obligations and the potential consequences of non-performance.

Case Background:

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pexels-eray-karatas-756165405-28428022-683x1024In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases.

The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental Service LLC, centers around whether Nathaniel Smith, the injured worker, qualifies as a seaman under the Jones Act or an employee under the Longshore Harbor Workers’ Compensation Act (LHWCA).

Case Background:

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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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pexels-lukas-hartmann-304281-1719475-1024x700In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident where Mr. Collins, a deckhand on the vessel Derrick 62, sustained an injury while performing his duties.

Mr. Collins filed a lawsuit alleging he was injured while connecting pipes on a jetty in the Mississippi River. The task required the use of a chain binder, but the available equipment was inadequate. Mr. Collins, being the largest and strongest crew member, was asked to assist. During the process, another crew member struck the binder with a bar, causing injury to Mr. Collins’s thumb. Subsequently, Mr. Collins experienced neck and shoulder pain.

Great Lakes disputed the connection between the incident and Mr. Collins’s neck and shoulder complaints, citing independent medical examinations that found no relation.

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pexels-pixabay-269630-1-1024x683In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises.

Ms. Watts initially filed a petition claiming she slipped and fell on a wet floor within the Golden Nugget casino lobby. However, during her deposition, she clarified that the incident occurred on the boardwalk outside the casino while it was raining. Ms. Watts attributed her fall to the wet conditions and alleged injuries to her right shoulder, neck, and back.

Golden Nugget filed a motion for summary judgment, arguing that the accident took place outside the casino, on the boardwalk, during rainy conditions. They contended that Ms. Watts could not establish that the walkway posed a hazard or that Golden Nugget’s negligence contributed to the incident. They supported their motion with evidence, including Ms. Watts’ deposition transcript, surveillance video of the incident, and an affidavit from their Risk Manager confirming the rainy weather and lack of prior complaints about the boardwalk.

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