Articles Posted in Civil Matter

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wzwz_141222_munich_against_0-1024x768We all know that words matter. However, sometimes people use offensive or disrespectful words or slurs in the workplace. Workplaces often have policies in place that lay out prohibited behaviors and establish disciplinary actions for infractions, including use of disrespectful language. Such discipline can range from a write-up to termination and depends on the specific offense. Is use of a racial epithet grounds for termination?

Dustin Bonial worked as a lineman for the City of Alexandria. Bonial was accused of using a racial epithet in reference to a coworker while in the breakroom, which violated the city’s workplace conduct policy. The city terminated Bonial. Bonial filed an appeal with the Alexandria Civil Service Commission. 

At the hearing, Bonial agreed he had called his coworker by the racial epithet.  He claimed people had used the epithet in reference to the coworker multiple times before, and the coworker had been okay with it. Bonial’s supervisor testified the use of racial epithets adversely affected morale and efficient operations. 

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transportation_manila_philippines_388826-1024x768We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development. 

Lacy Johnson was driving a car that was involved in a tragic accident near Oakdale, Louisiana. While driving through a curve on the road, she went into the opposing lane of traffic and hit a tree stump. The accident killed Johnson and Breann Sonnier, who was a passenger in the car. 

Sonnier’s surviving family members filed lawsuits against the Louisiana Department of Transportation and Development (“DOTD”), alleging there was faulty construction and maintenance of the road. Before trial, the court ruled that plaintiff’s traffic experts could not testify about whether the DOTD project was a “major reconstruction” and if the roadway where the accident occurred was an unreasonable risk of harm. The trial court also ruled a lab report showing Johnson had a 0.10% blood alcohol concentration at the time of her death would be admissible. The jury ruled against plaintiff and found the roadway where the accident occurred did not have defects that created an unreasonable risk of harm. Sonnier’s mother filed an appeal.

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love_castle_castle_symbol_1-1024x683When you are in love, you might make purchases for your loved ones without giving them much thought. But what happens to big ticket purchases, like a car, if your relationship sours?

William Redmon and Leisha Lindsey were acquaintances from high school. They started seeing each other. Lindsey said she just wanted to be friends with Redmon, but Redmon wanted a romantic relationship. 

Redmon gave Lindsey several gifts during the time, including cash, a fishing pole, various tools, and appliances. Redmon planned a surprise birthday party for Lindsey. Three days later, he bought an engagement ring, which Lindsey never wore, and a Chevrolet Camaro for Lindsey. 

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new_zealand_accident_insurance_0-1024x768If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees?

Betty Citizen hurt her back while she was trying to move a bike while working at Wal-Mart. Wal-Mart denied her physical therapy that her treating neurosurgeon recommended. She filed a 1009 Form, which the Medical Director denied for being untimely. Citizen then filed a 1008 Form, claiming she was entitled to receive attorney fees and penalties because Wal-Mart had arbitrarily and capriciously handled her claims. 

Once Wal-Mart formally denied her physical therapy, Citizen filed another 1009 Form. The Medical Director denied that request as well, finding there was no required documentation about the results of prior therapy. On the day of the hearing, Wal-Mart approved the recommended physical therapy. Therefore, the only issue was whether Wal-Mart had acted arbitrarily and capriciously in denying Citizen’s physical therapy. 

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deer_roe_deer_herd-1024x558Entering into a settlement agreement can help efficiently resolve a lawsuit and allow both parties to move forward. However, sometimes you might be involved in multiple interrelated lawsuits. If you sign a settlement agreement with one party, are you precluded from pursuing other related litigation?

Donald Hodge Sr., who is now deceased, owned a deer farm located in Calcasieu Parish, Louisiana. The Louisiana Department of Agriculture and Forestry (“LDAF”) learn the herd possibly had Chronic Wasting Disease, which likely came from six deer purchased from a farm in Pennsylvania. LDAF put a quarantine over the Hodge Farm. Hodge died the next day before he knew about the quarantine. 

Once the quarantine was in place, LDAF tried to locate the deer purchased from Pennsylvania. However, there were no deer at the Hodge Farm with tags indicating they were the likely inflected deer. Hodge’s children and administrators of his estate filed a lawsuit against LDAF. They wanted to lift the quarantine so they could sell the farm. They claimed the at-issue farm had been delivered to a different deer farm located in Mississippi, owned by Jared Oertling. The Hodges also sought damages from LDAF associated with the costs they incurred from the quarantine. 

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house_townhouse_house_exterior_0-1024x768Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller. What happens if a would-be buyer unilaterally signs a contract and claims they own your property? 

James Gobert owed a house located in Lake Charles, Louisiana. He listed the house for sale with Lutricia Cobb, who owned a real estate company. He signed an agreement with Cobb whereby Cobb would act as his agent to lease and manage his property. 

Linda Haley personally contacted Gobert, without Cobb knowing, and made him an offer to buy his property. Haley asked to rent the property from Gobert while they tried to get a mortgage. Gobert suggested entering into a six-month lease that had an option to purchase. The lease set a monthly rental payment of $800 and included an option to buy the property for $131,000 at the end of the six month lease. 

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prison_jail_barbed_wire-1024x768Prescription refers to the amount of time you have to file a lawsuit. If you do not comply with this procedural requirement, your case will be dismissed. In order to determine the date by which you must file your lawsuit, you need to know both the prescription period and when the period started to run. This case analyzes when the prescription period starts to run for false imprisonment and false arrest claims. 

The Eunice Police Department arrested Paul Powell, Marlon Eaglin, and two others. They were charged with second degree murder. A few months after his release from prison, Eaglin filed a lawsuit against the police department, the city of Eunice, and the chief of police (the “defendants”) for false arrest and imprisonment. Over a year after their arrest, but less than year after they were released from prison, Eaglin amended his lawsuit to add Powell as a plaintiff.

The defendants filed an exception of prescription, arguing Powell’s claims were prescribed because he filed them over a year after the date of his arrest. Powell argued he had not exceeded the one-year prescription period because his claims related back to Eaglin’s claims, which had been filed within the required time period. Powell also claimed his false imprisonment claim was not prescribed because he had filed it within a year of being released from prison.

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oyster_oyster_roast_seafood-1024x683While many people enjoy oysters, few people are aware how oyster leases work. This case involves a couple who held oyster leases that were harmed when a company decided to renter a nearby oil well. Can that company be held liable for the damages to the holders of the adjacent oyster leases? 

Pero and Mary Ann Cibilic held oyster leases in a lake in St. Bernard Parish, Louisiana. Because of the lack of oysters following the BP oil spill and increase in prices, the Cibilics made a large investment to purchase and spread cultch, which is used for oyster cultivation. This resulted in the Cibilics having a good sized oyster crop in their leases.

Cox Operating started a project to re-enter one of its oil wells that was adjacent to the Cibilic’s oyster leases. Ships has to cross over the Cibilics’ leases in order to reach the well. To turn to the well, ships had to go down and back up with their propellers, which resulted in sedimentation harming the Cibilics’ oyster beds.

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fire_department_resuscitation_1256591-1024x768Honesty is the best policy. This is especially true in the workers’ compensation space, because if you are found to have been fraudulent, you forfeit your right to workers’ compensation benefits. 

Before Alex Turner started working for Chicago Bridge, he completed the Louisiana Office of Workers’ Compensation Second Injury Questionnaire. He then started working as a carpenter’s helper for Chicago Bridge at a site in Hackberry, Louisiana. Approximately a month after he was hired, Turner injured his back while on the job. He immediately reported his injury to his supervisor and was taken to the onsite medical facility.

Chicago Bridge reassigned Turner to sedentary work. Turner complained the work still hurt his back because he had to lean over a table, so he refused to complete the sedentary work. He was eventually fired for insubordination. In Turner’s workers’ compensation case, the workers’ compensation judge found he was entitled to Supplemental Earnings Benefits and denied Chicago Bridge’s argument Turner had forfeited his right to workers’ compensation benefits by committing fraud. 

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surgery_eye_health_operation-1-1024x681“Causation is an issue of fact.” “It is the test for determining the causal relationship between an accident and an ensuing injury.” D’Angelo v. Guarino. This definition was vital in the following case.

In this case, court records revealed that Dwayne Levine (Plaintiff) was involved in an accident in 2012 that required two surgeries to his right ankle: one to help stabilize it and the other to fuse his bones to his ankle. In early 2013, the Plaintiff was recovering and about to transition from a boot to a shoe, though he still reported faint pains. 

However, on July 26, 2013, before the Plaintiff’s six-month follow-up, he re-injured his right foot when he slammed on his car brake to avoid a road collision. Soon after the incident, the Plaintiff experienced pain and went to the hospital. There, he received a splint and medication. At his follow-up visit, he did physical therapy and was given more pain medication. When his pain continued, a CT scan revealed the sub-talar joint had not fused since his initial surgery. As a result, a revision surgery was done in October 2013 to fuse the joint and remove the metal implant. A skin graft procedure was also done to stop an infection and care for the injury. 

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