Civil Matter

May 24, 2023

Can You Succeed in Appealing a Court Decision Made Against You?

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Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no hope. However, this is not the end of the matter. The trial court’s decision can be appealed, and the appellate court will review the decision to ensure whether the motion was properly granted. The following lawsuit shows how the appeals process can alter a trial court’s decision.

Stephen Ledet and his young son were sailing on a 16-foot recreational boat (“Ledet vessel”) being operated by Stephen’s brother, Kent Ledet. They were sailing on the Intracoastal Waterway near Berwick, Louisiana. The M/V Miss Cissy (“Miss Cissy”), a 46.5-foot commercial vessel owned by Parker Drilling Offshore USA, LLC (“PDO”), was sailing on the waterway at the same time ahead of them. Its employee, Captain Richard Rowe (“Rowe”), operated it.

Kent Ledet could see the ship approximately 200 yards away as the weather was sunny and clear. However, Miss Cissy was traveling much slower than the Ledet’s vessel. The Ledet’s vessel eventually caught up to Miss Cissy’s rear. Miss Cissy then suddenly accelerated its engine and created large swells and wakes. Kent Ledet was unable to avoid the large wakes. The boat tossed and slammed against the water, and the whole family sustained alleged physical and mental injuries.

May 23, 2023

Employee Not Covered By Company’s Insurance Policy When Using Vehicle For Personal Reasons

by Berniard Law Firm

transport_roadworks_autobahn_837813-1024x768 In the aftermath of a tragic situation, such as the death of a child, the last thing you might want to consider are insurance policies and legal requirements. However, it is essential to understand how courts determine whether an individual was covered by a specific insurance policy so that you know who might be liable for your losses. This is especially important when the accident involves a vehicle used both commercially and personally.

Jamie and Ericka Myers found themselves in a tragic situation after Brad Welch hit and killed their six-year-old son, Tyler, as Welch was turning into his house’s driveway. The Myers filed a lawsuit against Welch, his employer, Valentine & Leblanc, and Security National Insurance. Valentine & Leblanc insured the car that hit Myers’ son, although Welch owned the vehicle personally.

The Myers brought claims for themselves, their deceased son, and their twelve-year-old son Peyton. After a successful mediation, the court dismissed the claims against Welch, Valentine & Leblanc, and Security National Insurance. The Myers added AIG Specialty Insurance Company as a defendant as Valentine & Leblanc had a commercial umbrella liability insurance policy from them. AIG Specialty Insurance Company then filed a summary judgment motion, arguing that Welch was not in the course or scope of his employment with Valentine & Leblanc when the accident occurred and therefore was not covered by the at-issue insurance policies. The trial court granted summary judgment in favor of AIG Specialty Insurance Company, holding that Welch was not an “additional insured” under the at-issue insurance policy.

May 22, 2023

How to Prove a Causal Link Between a Car Accident and Injuries in Louisiana

by Berniard Law Firm

accident_car_accident_crash-1024x768 If an individual suffers from chronic pain or a preexisting injury, it may be challenging to prove additional injury due to a car accident. Proving these additional injuries, however, is crucial for collecting damages or compensation for medical bills following the accident. The following Lafayette Parish case shows how a plaintiff may prove a causal link between the car accident and their injuries.

This case concerns a motor vehicle accident between Traci Herbert and Brian Meaux. The accident occurred when Herbert made a wide right turn into a parking spot, and Meaux, who was driving a company vehicle for Barry’s Air Conditioning, wrongly assumed she was turning left. Meaux then attempted to pass Herbert on the right when the two cars collided.

At the scene of the accident, Herbert reported to the responding officer that the accident caused her to hit her head. She later testified that she suffered from a headache and neck and back pain as a result of the accident. The day after the accident, Herbert visited her chiropractor, Dr. Tiffany Pratt, who testified that her various injuries were caused by the accident and further required a course of treatment lasting nearly four years, including a referral to a neurologist.

May 21, 2023

Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses

by Berniard Law Firm

nuclear_waste_radioactive_trash-1024x529 Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses.

In this case, over 1,100 individuals, referred to as the “Dottie Adams” plaintiffs, filed a petition together stating they were either directly or indirectly harmed by exposure to radioactive material caused by Exxon Mobil Corporation, Mobil Exploration, and Producing North America, Inc. (“Exxon”), and Shell Oil Company, Shell Offshore, Inc., SWEPI LP, ConocoPhillips Company, and Alpha Technical Services, Inc. (“Shell”). The Dottie Adams plaintiffs all lived, or currently live, in Harvey or worked near the contaminated Grefer Tract, a 33-acre industrial tract in Harvey.

After years of litigation, Exxon filed motions for summary judgment alleging that several of the Dottie Adams plaintiffs could not substantiate their claim that they or their property were exposed to radioactive material above naturally occurring background levels. In their motions, Exxon included an affidavit from its expert health physicist, who stated, in part, that it was more likely than not the plaintiffs’ properties were not impacted by the naturally occurring radioactive material from the operations occurring in the Grefer Tract.

May 20, 2023

Oyster Leases vs. Oil Wells: A Legal Battle Unfolds in a Louisiana Construction Dispute

by Berniard Law Firm

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Have you ever wondered what happens when things go wrong on a construction project? A recent case out of Louisiana sheds light on the complicated legal battles that can ensue when construction defects are discovered. The case highlights the importance of understanding your legal rights and options when dealing with construction disputes and the need for skilled legal representation to navigate the complex world of construction law.

The owner of multiple oyster leases, Wade White, filed a lawsuit against Cox Operating, LLC, seeking damages for the harm caused to his oyster beds during Cox’s drilling of oil wells. In 2000, Cox entered into an agreement with White when it began drilling wells near some of his oyster leases. Cox negotiated another drilling release with White in 2012 when it sought to drill more wells near his leases. However, White discovered that Cox had driven pilings into his oyster leases and was using routes that differed from the agreed-upon routes. As a result, Cox removed the pilings and continued to follow the previous routes. Cox later claimed the executed drilling releases covered any damages caused by the pilings and extra water traffic.

White then filed a lawsuit against Cox due to the pilings, and Cox filed an exception of res judicata, arguing the written releases barred the plaintiff’s suit. If someone wants to use the res judicata defense in a lawsuit, they need to prove it is true using evidence that shows it’s more likely than not true. Then, at the trial, they can bring in more evidence to support their argument as long as the reasons for using that evidence were already brought up before the trial.

May 18, 2023

Can a Settlement Agreement Preclude Future Lawsuits? Not Always: A Case Study

by Berniard Law Firm

interview_paperwork_quill_law-1024x768 When you sign a settlement agreement and release, it is easy to assume you waived all rights to sue over the incident that led to the agreement. However, there are certain circumstances where you should have been provided with relevant information at the time of signing. Therefore, it is crucial to understand your rights and the terms of any agreement. Consulting with a qualified attorney can ensure you are fully informed before signing.

Russell Charles was driving a vehicle while pulling a trailer on I-10 in Iberville Parish, Louisiana. A Dodge Ram truck driven by Mark Moore hit Charles from behind. Moore owned the Dodge Ram truck through his company, Moore Leasing, LLC, which State Farm insured. After the accident, Moore signed an affidavit stating that he was not working at the time of the accident and that only the State Farm insurance policy would provide coverage to Charles. In addition, Charles and his wife, Consandra, signed a release against all persons, firms, or corporations who were or might be liable for the accident in exchange for $50,000.

Later, the Charleses filed a lawsuit against three companies owned by Moore and his wife, claiming that Moore had been working at the time of the accident, which would make the corporations vicariously liable. The company’s insurer was later added as a defendant. The defendants filed a motion for summary judgment, arguing that Moore had not been working at the time of the accident and that the previous release prevented this lawsuit. The trial court granted the motion and dismissed Charleses’ claims, but they appealed the decision.

May 17, 2023

Navigating Medical Malpractice Claims: Understanding Legal Requirements to Seek Compensation for Harm Done by a Doctor

by Berniard Law Firm

medical_ultrasound_monitor_doctor-768x1024 When you go to the doctor, you expect they will help you feel better. However, if your doctor worsens your condition, it is essential to understand the legal requirements for bringing a medical malpractice claim. Otherwise, you find yourself unable to recover.

Milton Harris visited Dr. Breaud, an ophthalmologist, after experiencing difficulties with his vision. Breaud performed multiple procedures on Harris, including laser procedures and surgeries. Unfortunately, following a surgical vitrectomy, Harris suffered a cardiac arrest and had to be hospitalized in the ICU.

Just under a year later, Harris requested a Medical Review Panel to evaluate his medical malpractice claim from the treatment his ophthalmologist provided. The panel found there was no evidence that Breaud did not meet the required standard of care and pointed to improvements in Harris’ vision. Harris and his wife then filed a lawsuit against Breaud for medical malpractice and negligence.

May 16, 2023

The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms

by Berniard Law Firm

business_signature_contract_962358-1024x768 To avoid a lengthy trial, many lawsuits will be solved through settlements. Settlements may have their requirements, like signing a release. If presented with a release make sure you read it carefully and ensure it includes limiting language if other parties may be at fault. This is a lesson learned by Raymond Cressy when he signed a release form through his power attorney, severely hurting his claims.

In 2010, Raymond Cressy was a passenger in a 2006 Dodge Durango driven by his brother and owned by his sister, Yolanda, in Natchitoches Parish, Louisiana. The driver swerved to avoid a tire in the roadway when control of the vehicle was lost. The vehicle consequently entered the median and rolled several times. The accident left Raymond a quadriplegic.

Yolanda, later in 2010, was granted power of attorney over Raymond. In late 2011, acting as Raymond’s power of attorney, Yolanda signed a document titled “Release In Full of All Claims” on Raymond’s behalf with the understanding this was to settle claims against the GEICO insurance company.

May 14, 2023

50-50 Fault Allocation: The Complexities of Determining Fault in Workplace Accidents

by Berniard Law Firm

tilt_trucks_truck_kieswerk-1024x768 Workplace accidents can be devastating, and determining fault can be complex and challenging. Clark Nixon, a dump truck driver, recently found himself in this situation after a workplace accident left him injured. While working at a job site for the Terrebonne Levee & Conservation District (“TLCD”), Nixon was involved in an accident with David Danos, an employee of TLCD, acting within the course and scope of his employment. The Louisiana First Circuit Court of Appeal affirmed the Trial Court’s holding of both parties at fault, and the defendants filed an appeal challenging the allocation of 50% fault to Danos and TLCD.

At the time of the accident, Nixon was hauling dirt to the job site, where dirt was being stockpiled to build a levee at a later date. The dump truck drivers backed their trucks to unload dirt, and a bulldozer operator would then push the dirt from the pile up a ramp, travel in reverse back down the ramp, and then repeat the process. TLCD also employs a spotter who verifies the dump truck’s load of dirt, documents it, and directs the dump truck drivers where to dump the load of dirt.

Under Louisiana law, courts have adopted a duty-risk analysis in determining whether to impose liability under the general negligence principles. La. C.C. art. 2315. Nixon alleged negligence on the count that he was injured because of the accident and that Danos and TLCD’s negligence was the cause of his injuries. The defendants had denied liability and claimed the accident occurred because of Nixon’s fault.

May 13, 2023

Challenging Damages Awards: Why Courts Tend to Defer to Juries in Personal Injury Lawsuits

by Berniard Law Firm

truck_yellow_toy_dump-768x1024 It may not be uncommon to recover less than you had hoped in a personal injury lawsuit. However, challenging the amount of money you are awarded to get more is a challenging feat. A recent case out of the East Baton Rouge Parish explains why courts tend to defer to the jury when awarding damages.

Stephen Gordon was driving his car on Interstate-10 with his wife, Melissa Gordon, in the passenger seat on the Mississippi River bridge in East Baton Rouge Parish, Louisiana. While Gordon was driving in the middle lane, a Mack dump truck was traveling eastbound in the left lane. The truck driver merged into the middle lane and hit Gordon’s car. The Gordons alleged that they were injured in the accident and filed suit. They sued Paul Wright, the driver of the dump truck; Vision Trucking, LLC, the owner of the dump truck; Joseph W. Wright, Jr, the driver’s employer; the owner of Vision Trucking, LLC; and the liability insurer of the driver and Vision Trucking, LLC. Ms. Gordon then settled all her claims against the defendants, and Mr. Gordon’s claims proceeded to trial.

At trial, the court determined that Mr. Gordon lacked credibility and appeared to exaggerate the extent of his injuries because much of his testimony about his injuries and treatment was contradicted by other evidence. However, the trial court still noted that Mr. Gordon had extensive treatment to his back, neck, and right leg before the accident, which intensified his pre-existing condition. The court awarded Mr. Gordon $15,000 in general damages and $5,092.07 in special damages, and Mr. Gordon appealed. Mr. Gordon argued the trial court failed to award him the full amount he claimed in special damages for his past medical expenses, failed to award future medical expenses for recommended surgeries, and abused its discretion in awarding general damages that were “unreasonably low.”