Civil Matter

September 3, 2023

What are Lejeune Damages, and how do they apply in Louisiana Lawsuits?

laocoon_statue_greek_vatican-1024x609 If you prevail in a lawsuit, you might be entitled to various damages. One type of damages available in Louisiana is Lejeune damages, under La. C.C. art. 2315.6. Lejeune damages allow an individual to recover damages from the mental anguish of witnessing the injury of a third party.

Louise Theresa Doty and her husband, Homer Doty, were at Prien Lake Mall in Lake Charles, Louisiana. While on a crosswalk, Brittany Nicole Fontenot hit Mr. Doty. Ms. Doty heard him yell and saw him lying on the ground with severe injuries. Mrs. Doty filed a lawsuit against Fontenot, her insurer, GoAuto, and her under/uninsured motorist insurer, State Farm. Mrs. Doty claimed her Lejeune damages under her State Farm insurance policy was a separate “bodily injury.” As such, she claimed she was entitled to recover beyond the money State Farm had already paid her husband for his injuries.

Mrs. Doty settled her claims against everyone besides State Farm. State Farm filed a summary judgment motion claiming it had exhausted its policy limits with his payment of $50,000 to Doty. Mrs. Doty claimed she was entitled to recover her Lejeune damages under a separate limit. After a trial, the court awarded Mrs. Doty $50,000 in general damages and a $25,000 penalty for State Farm’s failure to pay her claim within thirty days under La. R.S. 22:1892(B)(1), and her expenses. State Farm filed an appeal.

September 2, 2023

How Long Do You Have To File An Appeal for a Court Ruling in Louisiana?

by Berniard Law Firm

time_tiempo_count_day_0-1024x683 If the trial court does not rule in your favor, you might find yourself considering filing an appeal. However, just like filing an initial lawsuit, there are strict time limits for filing an appeal. If you do not comply with these time limits, the appellate court will be unable to consider the merits of your appeal, and you will be stuck with the trial court’s ruling.

Aimee Lasseigne filed a lawsuit against Eastern Jefferson General Hospital and two doctors for damages that resulted from a spinal tap and related medical treatment she received at the hospital. The hospital and doctors filed exceptions of prescription, arguing Lasseigne did not file her request for a medical review panel until over a year from when the alleged medical malpractice occurred. The trial court granted the hospital and doctor’s exceptions of prescriptions and dismissed Lasseigne’s lawsuit on January 29, 2018. That same day, the clerk mailed a notice of the judgment’s signing to all the parties’ attorneys.

On April 16, 2018, the trial court issued its written reasons for judgment. Lasseigne filed her appeal on May 11, 2018, seeking review of the trial court’s January 29, 2018, judgment, with the reasons issued on April 16, 2018. The hospital and doctors filed a motion to dismiss, claiming Lasseigne’s appeal was untimely.

September 1, 2023

Apartment Fire Lawsuit Dismissed Due to Smoke Alarm Evidence

by Berniard Law Firm

fire_firefighters_fire_truck-1024x683 If you and your family members are injured in an apartment fire, you might think you would be able to recover for your injuries from the apartment owners. However, the law may only allow you to recover for your damages with sufficient evidence to support your claim.

Afrah Qasem and her daughter, Asary Shotah, tried to escape from a fire in their apartment by jumping out of the window of their apartment on the second floor. They filed a lawsuit against Acadian Apartments for the injuries they suffered. Qasem and her daughter claimed they had been injured due to Acadian’s negligence. They claimed Acadian did not have sufficient policies and procedures in place, did not have working fire alarms or fire extinguishers, and had insufficiently marked emergency exits.

Acadian responded, claiming that Qasem and her daughter had caused the fire by using a candle or other similar device and did not extinguish the fire. Acadian wanted $50,000 in damages for the fire. Acadian filed a summary judgment motion under La. C.C.P. 966, claiming Qasem and her daughter could not prove Acadian had caused the fire and was liable for their damages. The trial court granted Acadian’s summary judgment motion. Qasem and her daughter appealed, claiming the trial court erred in granting Acadian’s summary judgment motion.

August 31, 2023

Judgment In Lawsuit From Garage Sale Injury Lacked Necessary Decretal Language

by Berniard Law Firm

2015_garage_sale_002-1024x683 Depending on the outcome of a trial, when the jury renders its verdict, you might be excited or sad. No matter how you feel, you must review the trial court’s judgment to ensure it is sufficiently precise and definite to meet the requirements for a final judgment.

Charmane Manchester was injured while attending a garage sale held on property owned by Michael and Heather Watson. She claimed a wood post supporting the carport fell and hit her. She filed a lawsuit against the Watsons and their homeowners’ insurer, ANPAC Louisiana.

In her lawsuit, Manchester claimed the Watsons maintained an unreasonably dangerous condition on their property, had not adequately warned people of the condition, did not properly inspect the wood posts, and held a garage sale in an unsafe area. The lawsuit proceeded to a jury trial. At trial, the jury found the Watsons owned and had custody of the wooden post that fell on Manchester at the garage sale. However, the jury did not find sufficient evidence that the wooden post was defective and an unreasonable risk of harm when the accident occurred.

August 29, 2023

The Consequences of Lying in A Louisiana Workers’ Compensation Claim

by Berniard Law Firm

lying_promises_deception_dishonesty-1024x768 What are the consequences of lying in a workers’ compensation claim? They can be harsh, as shown in the following lawsuit. Betty Reeder, a Certified Nursing Assistant (CNA) at Hardtner Medical Center, found herself embroiled in a legal battle after suffering an injury on the job. This article examines the details of the lawsuit, delves into the relevant Louisiana workers’ compensation law, and analyses the Appeals Court decision that shaped the outcome.

The chain of events leading to the lawsuit began in January 2013, when Betty Reeder tripped and fell on a wheelchair while performing her duties as a CNA. Following the accident, she received financial and medical support from the Louisiana Hospital Association Workers’ Compensation Interlocal Risk Management Agency through its agent, HSLI. She received weekly payments based on her average weekly wage for over a year, totaling approximately $23,000.

However, the situation took a contentious turn when HSLI accused Reeder of making false statements to obtain compensation. The case went to trial, with Reeder having to forfeit her right to workers’ compensation benefits by violating La.R.S. 23:1208. Faced with the Workers Compensation Judge’s (WCJ) initial ruling against her, Reeder appealed the decision and sought a reconsideration of her case.

August 28, 2023

Who’s At Fault if your car is stolen then involved in a wreck? The Thief, Victim, or Third Party Owner?

by Berniard Law Firm

the_police_arrest_lego-1024x683 In the world of litigation, there are often cases that raise questions about who should be held responsible for damages caused by certain events. Take the recent case of Christopher Blanchard, who claimed damages after his police car was hit by a stolen car. The trial court granted summary judgment in favor of the defendants, GoAuto Insurance Company and its insured, Demetrius J. Hicks, dismissing Blanchard’s claim for damages. The court ruled that Hicks, the vehicle’s owner, was not liable for the damages caused by an unknown thief who stole his truck and crashed it into Blanchard’s police car. To better understand how this came about, let us examine the facts and legal arguments of the case and explore the court’s reasoning for upholding the verdict.

The undisputed facts are as follows: Demetrius J. Hicks, a carpenter and subcontractor, parked his truck in front of a house he was inspecting, leaving the keys in the ignition and the engine running. Within minutes, an unknown thief stole the truck and drove off. Hicks tried to stop the thief but was unsuccessful. Eventually, the thief abandoned the truck behind Blanchard’s patrol car and fled on foot. The stolen truck collided with the police car, causing damage.

Blanchard filed a lawsuit against Hicks and GoAuto, the insurance company, seeking compensation for the accident. Hicks and GoAuto denied liability, claiming that Hicks’ truck had been stolen and the thief was responsible for the accident. The trial court granted summary judgment in favor of the defendants, dismissing Blanchard’s claims with prejudice.

August 27, 2023

Trucking Accident Leaves Driver in a Ditch when it Comes to Lack of Evidence

by Berniard Law Firm

vehicle_cargo_industry_1562094-1024x785 Licensed and professional commercial truck drivers usually carry heavy materials on their journey. Keeping these materials secured for any type of roadway issue is paramount. But what happens when these large trucks roll over and you think the weight shift was due to faulty or improper packaging? The Fifth Circuit Court of Appeals addresses the question as to whether there is enough evidence to bring a claim for a packaging malfunction that leaves you injured.

On January 17, 2014, Danny Barefoot exited the highway in his vehicle in Shreveport, Louisiana, lost control of his eighteen-wheeler truck, and rolled over. The exit rant was looped, and as he exited, the lumber he was carrying shifted, causing Barefoot to crash. Barefoot filed suit against Weyerhaeuser, claiming the company did not package the joists properly, causing the bands to break and the lumber to shift, which led to the truck rolling over.

Weyerhaeuser attempted to move for summary judgment. When a defendant moves for summary judgment, the plaintiff must make a positive showing of facts to support their claim. See La. R.S. 9:2800.6(A). In this instance, Barefoot would have to prove with enough evidence that Weyerhaeuser caused his injury from the truck rolling over.

August 26, 2023

Final Judgments: What’s Necessary When It Comes to Precise Language?

by Berniard Law Firm

mma_fight_maza_maza-1024x683 What happens when a final judgment from a court lacks precise language as to the damages you should be awarded? The First Circuit Court of Appeals answers this question and explains the importance of precision and certainty in all civil case language.

While attempting to break up a fight between his friend Christopher and Trevor Wilson in early October of 2007, Ryan Martinez, who was a patron at Chevy’s Inc. (“Chevy’s), was struck in the face. Around a year later on February 29, 2008, Martinez wanted Wilson, Chevy’s and their respective insurers (“defendants”) to pay for the injury her received from the fight. Martinez claimed that Wilson punched him in the left cheek, resulting in a fracture that required his jaw to be wired shut for around eight (8) weeks. Martinez lost 30 pounds due to a lack of solid food, which prevented him from working and forced him to drop two classes he was enrolled in. His main assertion was that Wilson was liable for battery, entitling him to damages from the incident.

At the trial court level, the court found in favor of Martinez and awarded him special and general damages that were to be paid by the defendants. The court found in favor of Martinez and against Wilson and awarded damages (special and general) to Martinez for $35,128.66.

August 25, 2023

Coalport is King: Louisiana Court Applies Judicial Scrutiny to Horse Race Controversy

by Berniard Law Firm

horse_race_hippodrome_horses-1024x587 Horse races represent a lot of things: money, power, competition. The outcomes of races matter a lot to those involved, and debates about those races can be pretty contentious, even getting to court. When a back-and-forth about the rightful winner of a horse race makes it to the Second Circuit Court of Appeals, how does the court deal with this unique and specific area of law?

The Second Circuit had to decide which horse, “Coalport” or “Benwill”, won the Unbridled Stakes horse race at Louisiana Downs. Coalport’s owners, the Ramseys, brought a suit against the Louisiana State Racing Commission (the “Commission”) after the Louisiana Downs Stewards questioned and reversed Coalport’s win at Unbridled Stakes. Ultimately, the Board of Stewards found that Coalport had fouled Benwill and prevented Benwill from winning the race. Accordingly, Coalport was demoted to second place, and Benwill took first place. The Ramseys first appealed the Stewards’ finding to the Commission, but the Commission affirmed the decision. The Ramseys then appealed to the 26th Judicial District Court, which reversed the decision and reinstated Coalport as the race winner. In its decision, the trial court held that the Commission should have assessed the Stewards’ decision with greater scrutiny and that there was insufficient evidence to conclude that Coalport fouling Benwill changed the race outcome.

The Commission appealed the trial court’s decision, arguing that the Commission’s evidence showed that it was more likely than not that the foul changed the race outcome, the Commission was not too deferential to the Stewards’ decision, and the trial court did not give the Commission proper deference to determine the credibility of witnesses. The primary issue for the Second Circuit to determine was whether Coalport’s foul actually changed the outcome of the race.

August 24, 2023

Louisiana Court Reverses Summary Judgment, Permits Plaintiff to Continue Discovering Facts

by Berniard Law Firm

site_truck_vehicle_transport-1024x683 The discovery process of litigation is vital to a well-informed judgment rendered by the court. But discovery can be halted, disrupted, or dismantled by various motions. Finding and gathering all the necessary information in a lawsuit is incredibly important for all sides. Still, it requires showing a need for that information and the presence of facts in dispute. Identifying and presenting disputed facts of a case is necessary to help protect your case from a summary judgment dismissal.

Heniff Transportation, LLC (“Heniff”) was a licensed professional truck driver transporting dangerous chemicals. One of the plaintiffs, Carl Davis, was a self-employed independent contractor working for Heniff. During this work, Carl attempted delivery of a tank of hydrochloric acid to GEO Specialty Chemicals (“GEO”). GEO personnel found defects in the tank, which Heniff owned. To address the defect, Heniff directed Carl to have Bastrop Tank Wash (“Bastrop”) repair the tank. Bastrop allegedly repaired the tank, but when Carl and GEO later began transferring the hydrochloric acid from the tank, the allegedly repaired hose ruptured, hydrochloric acid escaped from the fittings, and Carl’s required protective gear was knocked off his body. As a result, Carl suffered injuries to his eyes, face, and body.

Carl and his wife, April, sued Heniff, Bastrop, GEO, Sparta Insurance (later replaced by Arch Insurance), ABC Insurance, and DEF Insurance, for damages and loss of consortium. In response, Bastrop filed for summary judgment, arguing that the part of the exploded hose was not a part that Bastrop repaired.