Civil Matter

August 27, 2023

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

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.

August 23, 2023

Property Co-Owner Entitled To Reimbursement From Sale of Property For Certain Property Renovations

by Berniard Law Firm

the_samuel_young_house-1024x683 Owning property is not easy, especially when you have to share ownership with multiple individuals. Co-ownership can present challenging issues, especially when one owner wants to make renovations or sell the property. This case examines a dispute among family members involving property in the Parish of St. Bernard in Louisiana.

The plaintiffs, including Charles Gettys, Jr., and defendants, including William Gettys, each had a one-fifth interest in the at-issue property. The plaintiffs sued to have the property sold and the proceeds divided among the five co-owners. William responded, claiming after Hurricane Katrina, the defendants said they no longer wanted to have an interest in the property and did not want to spend any more money on the property or repairs. William claimed he completed a property renovation and moved into the house following Hurricane Katrina. William claimed before Hurricane Katrina that he had agreed with Charles that they would renovate the property together and then sell it. Then, they would split the money they made from the sale. The renovations purportedly cost $46,000. William claimed Charles had agreed to split the renovation costs with him.

However, Charles had not paid for his share of the renovations. William argued Charles owed him his share of the total cost of the repairs and renovations. After trial, the court ordered the parties to sell the property via auction, at a $50,000 minimum bid, or through a private sale, with the first $48,476 of the proceeds to go to William to reimburse him for the renovations he carried out in the aftermath of Hurricane Katrina.

August 22, 2023

How Important is Expert Testimony in Medical Malpractice Cases?

by Berniard Law Firm

medical_appointment_doctor_563427-1024x683 In the face of the profound loss that accompanies the passing of a family member, the impact can be particularly agonizing when that loss follows the anticipation of medical intervention, such as a transplant. The immediate inclination might be to explore legal avenues through a medical malpractice claim, yet the determination of whether negligence played a role can be an intricate matter for the average individual. This Louisiana case shows how important it can be to obtain expert testimony to help show malpractice occurred.

The medical malpractice case brought by Jarrard Green and his sister Bernadine Green arose from complications after a donated kidney failed post-transplant. Jarrard donated his kidney to Bernadine, who suffered from end-stage renal disease. The transplant was performed by one of the defendants, Joseph Buell. Several days after the transplant, the kidney failed and needed removal. Jarrard initiated a Medical Review Panel process which rendered an opinion in favor of the defendants stating there was no breach in the standard of care.

A medical malpractice and lack of informed consent lawsuit followed. Defendants Dr. Joseph Buell, Dr. Douglas Slakey, and Tulane University Hospital filed a motion for summary judgment stating the Greens lacked the necessary expert testimony to support the allegations. The motion was granted by the trial court dismissing the claims. The Greens appealed.

August 21, 2023

Motherhood on Trial: Unraveling a Landmark Pregnancy Discrimination Case

by Berniard Law Firm

pregnancy_belly_9_months-1024x685 Imagine waking up one day and finding yourself out of a job simply because you are pregnant. This was the reality for Eryon Luke, as she claimed that her former employer, CPlace Forest Park SNF, LLC, fired her due to her pregnancy. This case, which attracted significant attention in legal circles, presents a deep dive into pregnancy discrimination lawsuits, exploring the application of state and federal laws and their impact on the employer-employee relationship.

Luke held a position as a Certified Nursing Assistant with Forest Park before her dismissal. Her employment was terminated during her maternity leave, which she contends was an act of discrimination by her employer. She asserted that Nottingham terminated her because she was pregnant, violating federal and Louisiana state laws.

To explain, under Louisiana law concerning unlawful employment practices, an employee with covered limitations, such as in this case, is allowed to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from pregnancy, childbirth, or related medical conditions. LA Rev Stat § 23:342. Luke also claimed that Nottingham refused her request for a temporary, less strenuous role during her pregnancy, which she argued was another unlawful employment practice.

August 20, 2023

Should an employer continue to pay Workers’ Compensation Benefits even after an employee has fully recovered?

by Berniard Law Firm

worker_shoes_shoes_work-1024x768 Should an employer continue to pay for work-related injuries even after an employee has “fully recovered”? At issue is a decision that terminated an employee’s entitlement to certain benefits. After the employee suffered a work-related injury and received temporary total disability benefits, her former employer, The Walgreen Company, filed a motion to modify the judgment. This led to litigation and a subsequent appeal.

Former Walgreens employee Alyce Mouton, a resident of Metairie, Louisiana, was injured while performing her duties at Walgreen Drug Stores in that city. Initially, the Workers’ Compensation Judge (WCJ) of the Louisiana Fifth Circuit Court of Appeal ruled in her favor, awarding her temporary total disability benefits and ordering Walgreens to pay for all reasonable and necessary medical treatment resulting from her workplace injuries. However, Walgreens later filed a motion to modify the judgment, alleging a change in Mouton’s condition and seeking to convert her benefits from temporary total disability to supplemental earnings benefits (SEBs). This dispute eventually led to an appeal when Mouton challenged the decision. See Mouton v. Walgreen Co.

In Louisiana, the workers’ compensation system is governed by specific laws designed to protect the rights of both employees and employers. One such statute is Louisiana Revised Statutes 23:1310.8. This statute grants the WCJ continuing power and jurisdiction over each case. It allows for modifying or amendment of prior findings or orders when such changes are warranted in the judge’s opinion. In addition, the statute allows for review of any award upon motion of a party, particularly in cases where there has been a change in circumstances. The WCJ may then enter an award that terminates, reduces, or increases the compensation previously awarded.

August 16, 2023

East Baton Rouge Court Deems Paid-Time-Off Leave not an Earned Wage

by Berniard Law Firm

larimer_sheriff_2014_chevrolet-1024x683 Before accepting a job, it is essential to review all policies provided to you by your potential employer, as these policies may not always be in your best interest. The following East Baton Rouge case demonstrates what may or may not be considered a “wage” payable at the end of employment.

Ely Boucher was terminated from the East Baton Rouge Parish Sheriff’s Office and was simultaneously provided with a copy of their Leave Policy. A provision to the Leave Policy stipulated that a certain amount of hours of paid-time-off leave were paid upon termination of employment. Subsequently, Boucher, who had over 914 paid-time-off leave hours, was paid for 300 hours per the policy provisions. Boucher then argued the Leave Policy violated La. R.S.23:631 and made a written demand on the Sheriff, for unpaid wages. When Boucher’s demand went unanswered, he filed a lawsuit against the Sheriff with the Nineteenth Judicial District Court.

Boucher filed a motion seeking to exclude the testimony of the EBR Sheriff’s Human Resource Director concerning her interpretation of the Leave Policy. He argued the document was the best evidence of its contents. He also argued that the testimony should be excluded based on the contract interpretation laws.

August 15, 2023

Wrongful Arrest Lawsuit Appeal Overturns Dismissal of Case

by Berniard Law Firm

police_handcuffs_right_1072636-1024x680 Imagine being wrongfully arrested and seeking justice for the harm caused. This was the situation for Joe Bridges III, Jordan M. Bridges, and Branden J. Herring, who filed a lawsuit for damages after an arrest on July 30, 2011. The plaintiffs initiated the lawsuit by filing a petition for damages on July 20, 2012. The defendants named in the petition included the Baton Rouge Police Department, the City of Baton Rouge, and several individual police officers.

The plaintiffs alleged their arrests were unjustified and had caused them harm, leading them to seek compensation for the damages incurred. They claimed the actions of the defendants, including the individual police officers, were responsible for their wrongful arrest and subsequent suffering.

In considering the appeal, the court had to apply the relevant rules and statutes. Of particular significance was La. C.C.P. art. 561. This article outlines the concept of abandonment and specifies the conditions under which a case may be dismissed. It requires parties to take steps in the prosecution or defense of an action within a three-year period to avoid abandonment. Clark v. State Farm Mutual Automobile Insurance Company, 00-3010, pp. 5-6 (La. 5/15/01), 785 So. 2d 779, 784.