Civil Matter

July 6, 2023

Understanding Insurance Exclusions: A Case of Property Damage Coverage for Borrowed Cars

storm_damage_hurricane_wind-1024x768 Borrowing a car from family or friends is a common occurrence. While you might think your car insurance protects you in the unfortunate event you are involved in a car accident while driving the borrowed car, it is essential to be aware of exclusions that might apply to your insurance coverage. This case involves a policy exclusion that applied to property damage caused to the borrowed car.

Asha Sade Johnson had a car insurance policy from Geico. Johnson was involved in a car accident while driving a Jeep owned by her mother, Ruby Lee Lewis. The accident caused significant damage to her mother’s car. Lewis did not have her own collision or comprehensive coverage insurance for her car. Johnson owned a different car insured by Geico.

Lewis filed a lawsuit against Geico seeking compensation under Johnson’s insurance policy for the damages caused to her vehicle from the accident while Johnson was driving her car. Geico filed a summary judgment motion, arguing Johnson’s policy did not include coverage for damage to property such as Lewis’ car. The trial court denied Geico’s summary judgment motion.

July 5, 2023

Doctors Not Required To Act Perfectly: Determining The Applicable Standard of Care In Medical Malpractice Lawsuits

by Berniard Law Firm

ship_s_doctor_doctor-1024x672 If your doctor makes an obvious mistake in a surgery, you might think you can succeed in a medical malpractice lawsuit against the doctor. However, Louisiana law does not require a doctor to act perfectly. Therefore, if you are considering bringing a medical malpractice lawsuit against a medical professional, you must understand the applicable standard of care you are required to prove they did not satisfy. This case illustrates how the standard of care a doctor is required to follow depends on the existing circumstances.

Martin Van Buren suffered from kidney disease and underwent a kidney transplant as a young adult. Approximately 12 years later, he suffered additional health problems. While at a hospital in Monroe, Louisiana, he suffered a large gastrointestinal bleed.

While Van Buren was in the ICU, Dr. Claude B. Minor, Jr. was asked to do an emergency surgical consult. When Minor entered the hospital room, Van Buren vomited blood and went into cardiac arrest. Minor stabilized Van Buren and took him to surgery to remove the ulcer. Minor told Van Buren’s mother it was unlikely Van Buren would survive the procedure. After Minor removed the part of the stomach with the ulcer, Van Buren started to bleed in his intestines. While dealing with that complication, Minor reconnected the stomach to the incorrect part of the bowel, which made it so Van Buren could not absorb food. This resulted in diarrhea, malnutrition, and excessive weight loss. The error was later identified and corrected by a different doctor.

July 4, 2023

Understanding Recovery in Excess of Insurance Coverage in Car Accident Cases in Louisiana

by Berniard Law Firm

coins_currency_investment_insurance_0-1024x683 Receiving compensation from the at-fault driver’s insurance policy after a car accident can bring relief. However, it is essential to be aware of the potential complications if the awarded amount exceeds the other driver’s insurance policy limits. This case serves as an example of what can happen in such situations and highlights the importance of understanding the legal implications.

Claudio Larios was waiting to find a parking spot at her apartment complex in Metairie, Louisiana, with Marlon Funez riding in her passenger seat. Lindsay Vehorn was stopped behind them in her car. A truck came around the corner and tried to get in front of Vehorn and her car, apparently not seeing Larios in her car. The truck hit the back left of Larios’ car. The truck passenger was drunk. Larios could see the driver of the truck before he drove off. Larios and Funez had to receive medical treatment due to the incident.

The day after the accident, Larios encountered the truck passenger. She gave the passenger her contact information and asked that it be passed along to the driver of the truck. Julio Martinez, whom Larios recognized as the truck driver that had hit her car, subsequently contacted her and provided her with insurance documentation. Because Larios and Funez could not locate and serve Martinez, they voluntarily dismissed the claims against Martinez and brought all claims against Imperial under Louisiana’s Direct Action Statute, La. R.S. 22:1269. At trial, the court found in favor of the plaintiffs. Larios was awarded $21,318 ($6,218 for past medical expenses and $15,100 for past pain and suffering). Funez was awarded $21,267 ($5,267 in past medical expenses in $16,000 for past pain and suffering). The court ordered Imperial to pay the amounts. Imperial appealed.

July 3, 2023

Upholding Contractual Obligations: Legal Remedies for Noncompliance

by Berniard Law Firm

office_contract_computer_phone-1024x683 Entering into a contract entails an expectation that both parties will fulfill their respective obligations. However, what transpires when one party complies while the other fails to uphold its promises? This case delves into the repercussions of such a scenario, shedding light on the importance of seeking legal remedies to enforce contractual agreements.

Dr. Kenneth Gowland was killed in a car accident in Bernard Parish, Louisiana. His widow, Connie Gowland, retained Wootan & Saunders to handle her husband’s succession and an uninsured motorist claim against his insurer on behalf of her and their children. Wootan & Saunders investigated the accident. It simultaneously performed work for certain Louisiana agencies and departments and received payments from the Office of Risk Management, which is responsible for tort claims brought against Louisiana state agencies under La. R.S. 39:1535. Because of its lack of experience with personal injury lawsuits, Wootan & Saunders selected Glenn Diaz to handle Gowland’s litigation.

Diaz and Gowland signed a contingent fee contract and a fee-splitting agreement with Wootan & Saunders. Under the fee agreement, Wootan & Saunders would receive a portion of fees based on work it had performed and its continuous contact with the Gowlands. Wootan & Saunders did not inform Diaz it was doing work for Louisiana state agencies.

July 2, 2023

Is Strict Compliance With Settlement Agreement Terms Required?

by Berniard Law Firm

agree_agreement_asian_black-1024x683 If you sign a settlement agreement, you might feel relieved that you no longer have to go to trial. After all, settlements are generally thought to save you the time and expense of going to trial. But what happens if the other side fails to pay you the settlement funds by the terms of the settlement agreement?

Rapheal Guillory was injured while working at R&R Construction. He initially received workers’ compensation benefits, but they were eventually terminated. After his benefits were terminated, he filed a lawsuit against R&R, seeking his benefits, penalties, and attorney fees. Before the case went to trial, the parties settled. Under the settlement agreement, R&R agreed to pay Guillory a lump sum payment for the settlement amount by a set date. The workers’ compensation judge approved the settlement agreement.

After the agreed-upon date for R&R to pay Guillory, R&R’s attorney delivered to Guillory’s attorney two checks, a release, and dismissal. However, the checks included language that Guillory claimed imposed improper conditions on receiving the settlement funds that were not part of their settlement agreement. Later, R&R paid the required expenses, but the check also included conditional language.

July 1, 2023

Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work

by Berniard Law Firm

computed_tomography_human_brain-1024x730 You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’ compensation scheme. What happens if these misrepresentations appear to result from memory impairments related to your on-the-job injury? The following lawsuit helps answer this question.

While working as a security guard at the Golden Nugget Casino, Katina Hodges fainted and fell to the floor. Her legs and knee hit the floor. She hit her head on the floor and appeared to have seizures. At Christus St. Patrick Hospital in Lake Charles, Louisiana, a CT scan showed she suffered a hemorrhage in her brain. Hodges subsequently received treatment for her injuries, which included aggravations of preexisting conditions.

Golden Nugget filed a Notice of Controversion, claiming it did not owe Hodges anything because ha fainting spell caused her injuries. Hodges claimed she had passed out, fell, and was injured while working. In response, Golden Nugget claimed Hodges had forfeited any benefits under La. R.S. 23:1208 because she had made misrepresentations associated with her claim. The matter went to trial before the Workers’ Compensation Judge, who ruled that Hodges’ fall was an accident and she had suffered injuries caused by the accident. Golden Nugget was ordered to pay temporary disability benefits, supplemental earnings benefits, medical benefits, a penalty of $2,000 for failing to pay Hodges’ indemnity benefits, a penalty of $2,000 for failing to pay Hodges’ medical expenses and $25,000 in attorney fees. Golden Nugget appealed.

June 30, 2023

Clients’ Former Attorney Not Entitled To Funds From Settlement

by Berniard Law Firm

court_entry_stairs_entrance-1024x765 What happens if you decide to switch attorneys partway through a lawsuit? If you are involved in a lawsuit involving multiple attorneys, you must understand all applicable contracts. Otherwise, you might be involved in a lawsuit with your attorneys, just like Deborah and Mark Kruse found themselves here.

This case involves a lawsuit the Law Office of John D. Sileo (“Sileo”) filed against the Kruses, its former clients, to obtain attorney fees and expenses they claimed they were owed under a contingency fee contract. Sileo also brought a conversion claim against The Law Offices of Allan Berger & Associates (“Berger”), claiming they had misappropriated the applicable attorney fees and expenses.

Before the at-issue lawsuit, Sileo filed a lawsuit for the Kruses related to damage from Deborah’s use of transvaginal mesh. Their lawsuit became part of a related multi-district litigation. Three months after filing the complaint, Sileo and the Kruses signed a contingency fee contract where Sileo would receive 40% of the total amount of any settlement of 50% of whatever was obtained in an appeal. The contract said that while the Kruses could discharge Sileo, Sileo would still be entitled to its fees.

June 29, 2023

Condo Management Company Liable to Owner For Loss of Use Of Condo Unit

by Berniard Law Firm

plumbing_plumber_old_faucet-1024x732 Picture this: you’ve just bought a new condo, envisioning a future filled with joyful moments shared with loved ones. But what happens when those dreams are shattered because the condo management company neglects essential repairs for years on end? Robert Jordan, a condo owner, experienced this very nightmare when he encountered a persistent water leak issue in his recently purchased unit. As the battle for justice unfolded, Jordan fought for his rights and the compensation he deserved.

Jordan was the member and manager of FIE and Iberia Tigers, through which he acquired commercial investment properties. He purchased a condo unit at a building managed by New Jax. Soon after he purchased the condo, Jordan saw water leaking below the roof of the building. He reported it to Earl Weber, the president of New Jax’s board, and requested repairs. When New Jax did not repair it, Jordan started withholding the monthly fees he owed New Jax.

Thereafter, New Jax attempted to fix the issue by cutting through the condo’s ceiling and walls. It placed tarps and plastic sheets around the condo. Jordan claimed the condo was uninhabitable and could not be used for its intended purchase. Jordan communicated with New Jax for years about the ongoing issues and damage and requested updates on the status of repairs. Repairs were not completed until 75 months after Jordan had first reported his condo was unusable.

June 28, 2023

High-Stakes Legal Poker: Unveiling the Power of the Full Faith and Credit Clause

by Berniard Law Firm

poker_cards_card_game-1024x768 Imagine you’re in a nail-biting poker game, where every decision could tip the balance between winning and losing. Suddenly, one player reveals a Royal Flush—an unbeatable combination. This tension-filled scene mirrors the legal drama between Greenfield Advisors LLC, a consulting firm from Seattle, and Salas & Co., LC, over a significant unpaid debt. In the legal world, invoking the Full Faith and Credit Clause was Greenfield’s equivalent of a Royal Flush, a powerful play with wide-ranging implications. This legal gambit’s riveting repercussions underline the robust judicial principle of full faith and credit. In the case, the Louisiana Fourth Circuit Court of Appeal affirmed the State District Court’s decision that the judgments against the Appellants were entitled to full faith and credit.

To explain, Greenfield Advisors (“Greenfield”), who were owed a hefty sum of around $700,000 by Salas & Co. (“Salas”), took the dispute to court. Salas, who had hired Greenfield for various legal consulting services, had only paid a fraction of the amount. Greenfield filed a lawsuit, and the legal wrangling kicked off in earnest. The case found itself in the Federal District Court in Washington after Salas requested a transfer. With the dispute in arbitration, Greenfield came out on top, awarded $331,316.48, along with a generous interest rate. The battle, however, was far from over.

In the Louisiana court, Salas argued that the Federal District Court overstepped its jurisdiction, suggesting that the Louisiana court should examine this issue before acknowledging the federal judiciary. The Full Faith and Credit Clause, a crucial element of the U.S. Constitution, became the focal point. Under Louisiana law, any judgment, decree, or order of a court of the United States or any other court is entitled to full faith and credit in this state. LA R.S. 13:4241. A judgment delivered by a court in one state should be respected and enforced by all other states.

June 27, 2023

Pregnancy as a Disability and Employment Discrimination: A Case Analysis

by Berniard Law Firm

pregnancy_belly_expectant_mother-1024x683 Pregnancy invariably alters a woman’s life. The process is physically demanding and disruptive, but do these challenges entitle a female employee to disability status under the law? According to a recent Slidell, Louisiana lawsuit, pregnancy is not considered a disability under Louisiana employment discrimination law.

Shameka Brown worked as a mobile blood center supervisor. Brown was seven months into a difficult pregnancy when she vomited and urinated on herself at work. Embarrassed, Brown left for home during the middle of her shift to change clothing without notifying her supervisor. Two hours later, Brown telephoned her supervisor and then returned to work. Brown did not provide details of her pregnancy-related illness during the call. While Brown was away, a manager discovered her absence amidst a busy center. Brown was soon after terminated for abandoning her assigned duty without appropriately notifying her supervisor.

Brown filed a lawsuit in the Civil District Court for Orleans Parish which dismissed the case. Brown appealed to the Louisiana Fourth Circuit Court of Appeal. Brown sought damages for both employment discrimination and pregnancy discrimination. To successfully prevail under employment discrimination, Brown had to prove three things: 1) disability; 2) qualified for the job, and 3) termination made solely because of the disability. See Thomas v. Louisiana Casino Cruises, Inc., 886 So. 2d 468 (La. Ct. App. 2004). A disabled person has a mental or physical impairment that substantially limits major life activities such as caring for oneself, walking, seeing, hearing, breathing, learning, working, etc. See La. R.S. 23:322.