Articles Posted in Civil Matter

sunsets_family_happiness_beach-1024x683The challenges posed by mental and physical disabilities can place immense strain on families, particularly when the affected individual is unaware or unable to acknowledge their condition. When individuals face difficulties managing their health, personal matters, finances, and business affairs due to mental incapacity, they must take legal steps to protect their interests. During such trying times, the guidance of a skilled lawyer can alleviate some of the pain and stress that families experience. 

Stanton Lee Cadow faced just such a situation when his mother, America Jean Morris Metzler, was diagnosed with Alzheimer’s disease and, as a result, could no longer live independently, care for herself, or make sound personal and financial decisions. Her son, Cadow, thus sought a full interdiction to make legal decisions on her behalf. However, Metzler asserted her husband, John Metzler, Sr., was her power of attorney.

The proceedings began when Stanton filed a petition in 2014 seeking the interdiction of his mother, America Jean Morris Metzler, who was diagnosed with Alzheimer’s. Cadow alleged that his stepfather, John Metzler Sr., could not care for Metzler due to his health issues. Metzler contested the petition, asserting that Metzler, Sr., had a valid power of attorney and could act on her behalf. Initially, the trial court denied and dismissed Cadow’s claims without prejudice in 2015.

texas_flag_texas_flag-1024x683It’s pretty common for large corporations to conduct business across multiple state lines. So, too, it’s expected that employees for these types of companies will also have connections with multiple states based on their employment with the corporation. In these situations determining which state and Court has jurisdiction over legal claims when such issues arise can become an incredibly fact-specific inquiry. This was the case for one Workers’ Compensation Judge (“WCJ”), who found that the Office of Workers’ Compensation (“OWC”) located in Lafayette, Louisiana had subject matter jurisdiction to decide the legal claims of a former Tyson-employed truck driver.

Frank Verret (“Mr. Verret”), a Louisiana resident, was hired as a long-haul truck driver for Tyson Foods, Inc. (“Tyson”) in 1999. Initially, he drove to a Tyson facility in Center, Texas, to apply for a position and later called to inquire about the status of his application from his home in Louisiana. During that phone call, Mr. Verret claimed that Tyson hired him for the long-haul truck driver position. Afterward, he drove back to Texas, picked up his truck, and began employment.

Years later, in 2015, while driving his Tyson truck through Oklahoma, Mr. Verret crashed into the median barrier. Mr. Verret was hospitalized and treated for his injuries in Oklahoma, then was sent to Texas for an employer-mandated drug screening before returning to Arkansas, where he had begun his route before the crash. A few months after the crash, a then-retired Mr. Verret filed a Disputed Claim for Compensation against Tyson.

refinery_oil_aerial_natural_1-1024x683When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial. 

Fourteen workers at the Citgo Petroleum Corporation refinery in Lake Charles, Louisiana, were exposed to hydrogen sulfide and sulfur dioxide following a gas release. The workers suffered various symptoms, including nasal irritation, headaches, and chest pain. The workers filed a lawsuit against Citgo, arguing their symptoms resulted from the gas release. The trial court awarded nine of the fourteen plaintiffs damages for fear of future injury. All fourteen plaintiffs received damages for mental anguish/loss of enjoyment of life. Citgo appealed.  

On appeal, Citgo argued the trial court erred in awarding nine plaintiffs damages for fear of future injury because there was no evidence that the gas release could cause them future health problems. To recover for fear of future injury, a plaintiff must show a possibility of such damages from the tortious conduct. See Broussard v. Olin Corp. At trial, even the plaintiff’s expert witness did not testify that the plaintiffs were at risk for future health problems from the gas release. Additionally, there were studies presented indicating there were no known future health issues from similar exposures. Therefore, the appellate court found the trial court’s award of damages for future injuries was “mere speculation” and reversed the trial court’s award of damages for fear of future injuries to the nine plaintiffs. 

medical_instruments_examination_424729-1024x768In the realm of medical malpractice, the intricacies of the legal process can often appear daunting, especially when juxtaposed against the heart-wrenching backdrop of a stillborn baby’s tragedy. K Arceneaux found herself entangled in this very confluence of circumstances, seeking justice for her devastating loss while grappling with legal procedure demands. As the mother’s quest for accountability unfolds, a crucial question emerges: Can a plaintiff prevail in a medical malpractice case without the indispensable backing of expert testimony?

K Arceneaux’s baby died in utero while she was hospitalized. The baby had hydrocephalus, or excess fluid in the brain. Arceneaux claimed the child’s death partly resulted from a failure to monitor its heart rate. She also claimed that the Lafayette General Medical Center (“LGMC”) nursing staff forced her out of bed after delivery. She claimed she fell on the floor, injuring her neck. 

Arceneaux filed a medical malpractice claim against LGMC and Dr. Bobby Nevils. The medical review panel determined there was no breach of the required standard of care. She then filed a lawsuit against LGMC. 

car_wrecked_accident_collision-1024x617To succeed in a lawsuit, it is not enough that your claim has merit. Rather, you must also comply with sometimes complex procedural requirements. These requirements include strict time limits in which you must file your claim. Otherwise, even if your claim has merit, it could be dismissed because of a peremptory exception of prescription. The following lawsuit involving bad faith insurance claims shows just how critical timely filing and proper crafting of a lawsuit are to preserve all of your claims. 

While Harold Fils was driving a vehicle owned by Bilfinger Salmis, his employer, he was hit by a vehicle driven by an uninsured motorist. Bilfinger’s uninsured motorist insurer was Starr Indemnity. Fils submitted a claim to Starr for his injuries and other damages. Starr paid Fils $45,000 but refused to make any additional payments due to Fils’s purported pre-existing conditions. 

Fils filed a lawsuit against Starr for additional payments. Fils claimed his medical expenses alone were over $45,000. He later amended his petition to claim Starr had acted in bad faith and sought penalties and attorney fees under La. R.S. 22:1973 and 22:1892. Starr filed a peremptory exception of prescription, claiming Fils’ bad faith claim was barred as it had been filed more than one year after he filed his lawsuit against them. The trial court ruled in favor of Starr and dismissed Fils’ bad faith claim. Fils appealed.

news_stock_newspaper_glasses-1-1024x732A homeowner’s insurance policy can help protect you if someone is injured on your property. However, like any insurance policy, a homeowner’s insurance policy can include many exclusions that limit what type of injuries your insurance policy will cover. If such an exclusion applies to your claim, your insurance company will likely try to claim it is not responsible for the pay the damages claimed. This can result in complex litigation, including complicated procedural devices such as the peremptory exception of no right of action at issue in the following case.

Terry Leone was a bail bondsman who was injured after falling out of the back door of a mobile home in Woodworth, Louisiana. The mobile home was owned by Don Ware and occupied by his son, Aaron, whom he was a guarantor for on a criminal surety bond. Don contacted Leone and told him he wanted to withdraw as Aaron’s guarantor. Leone went to the mobile home to assist with apprehending Aaron, so he could be turned in to the police. A physical altercation ensued, during which Leone fell out of the back door of the mobile home, injuring his knee. Leone filed a lawsuit against Don, Aaron, and Republic Fire and Casualty Insurance, who insured Don’s mobile home. Republic filed a peremptory exception of no right of action under La. C.C.P. art. 927, claiming the insured’s actions were intentional acts, so the insurance policy did not cover them. The trial court ruled in favor of Republic and granted its peremptory exception. Leone appealed. 

On appeal, Leone argued the trial court erred when it granted Republic’s peremptory exception of no right of action and found the allegations involved an intentional tort, so they were excluded from Republic’s policy. The purpose of an exception of no right of action is to determine whether the plaintiff (here, Leone) is part of the class of people with the right to bring the asserted claim. 

oil_well_head_surrounding-686x1024The rugged world of oil well labor often serves as a crucible of challenges, where hard work meets unforeseen perils. Within this demanding landscape, a legal saga unfolds, revealing the harrowing tale of two injured workers and the intricate journey through a labyrinthine appeals process. Their journey from the fiery depths of an explosion to the halls of justice sheds light on the complexities that can arise even after a jury’s verdict, providing a stark reminder of the importance of legal expertise in navigating this tumultuous terrain.

AIX Energy Inc. owned and operated an oil well in Claiborne Parish, Louisiana. It performed a frac job and hired Republic Well Testing as a contractor to measure the oil well’s flowback. Republic installed a flowback tank. AIX decided to try to set a “packer” to produce through smaller tubing. AIX hired Jeremy Shepard and Michael Jackson as toolpushers and floor hands. While attempting to set the “packer,” the crew ran into issues. In the course of the work, there was an explosion. Jackson and Shepard were standing near the well. They were knocked over and seriously burned. 

Jackson, Shepard, and their respective wives filed a personal injury lawsuit against AIX, Republic, and others. At trial, the jury found AIX and various other defendants were negligent. The jury allocated AIX 97.5% of the fault. The jury awarded Shepard and Jackson $22.45 million in damages. AIX appealed.

storm_drain_drain_snow-1024x577Imagine walking through your neighborhood only to be seriously injured from tripping over a wire frame on a storm drain. The following case considers whether such a condition is open and obvious. This is an important consideration because if a condition is found to be open and obvious, then defendants do not have a duty to protect people from the condition. 

Theresa Granier and Linda Pace were walking on the sidewalk in their subdivision in Baton Rouge, Louisiana. They reached the end of the sidewalk and turned left to cross the street. While walking, they tried to step over a storm drain attached to the curb. They both purportedly stepped onto a wire frame, called an inlet protector, covering the drain’s opening. As a result, they tripped and fell on the street and were seriously injured. 

Granier and Pace then filed a lawsuit against Alvarez Construction Company, the developer of the subdivision as well as its insurer, Navigator Specialty Insurance Company. In the lawsuit, they claimed Alvarez was negligent because the inlet protector was in its control and created an unreasonable risk of injury. 

parade_festival_irish_parade-1024x683The vibrant spirit of Mardi Gras parades, with their kaleidoscope of colors and joyous revelry, often paints a picture of unadulterated celebration. Yet, beneath the surface of these festivities, unexpected tragedies can unfold, turning the jubilation into a legal labyrinth. Such was the case in Franklin, Louisiana, where a moment of revelry took a distressing turn as a float participant was tragically injured during a parade. What followed was a legal showdown, entangling federal regulations, contractual intricacies, and the question of liability. Amidst the sparkle and confetti, a courtroom drama unfolded, revealing the complex legal considerations surrounding the incident.

Troylond Wise was driving an 18-wheeler he owned but had leased to ACME Truck Line when he was involved in an accident during a parade. Before the accident occurred, Takisha Welch asked Wise to pull a truck for a Mardi Gras parade in Franklin, Louisiana. Welch paid $100 to Wise to use his tractor-trailer. On the parade day, Bridget Jackson was riding in the floating Wise was pulling. When Wise tried to turn right, Jackson was thrown from the float. Wise then ran over her twice. 

Jackson filed a lawsuit against Wise, ACME, and First Guard Insurance Company, the tractor-trailer’s liability insurer. Franklin subsequently settled with First Guard, so the claims against it were dismissed. Before the accident, Wise had a five-year lease with ACME, whereby Wise leased ACME his tractor-trailer. 

statues_amiens_cathedral_pic5-1024x768At the end of a trial, you are focused on whether or not the Judge ruled in your favor. However, it is not enough to only know who won the case, especially if you are considering an appeal. This case indicates the importance of paying attention not only to the outcome but also to the language in the final judgment the trial court issues. Louisiana has strict requirements for language that must be included in a final judgment for it to be valid so that an appellate court can hear the appeal. 

While Christopher Causey Jr. and Priscilla Hopkins were riding on a New Orleans Regional Transit Authority bus, they were allegedly injured following an incident involving hard braking. Their parents filed a lawsuit against the New Orleans Regional Transit Authority. Following a bench trial, the court entered a judgment in favor of the New Orleans Regional Transit Authority. The written judgment stated the plaintiffs had not provided sufficient evidence that the defendant had been negligent and caused the injuries. Notably, the judgment did not name any parties in the lawsuit but used the general terms, plaintiff and defendant. Additionally, the judgment did not explicitly state the relief the trial court granted or denied.

Before an appellate court in Louisiana can hear an appeal, it must first determine if there is a valid final judgment. See Urquhart v. Spencer. For a judgment to be a valid final judgment, it must include decretal language. That means the decision must be clearly and explicitly spelled out in the judgment and be precise and definite. It must also include the name of the party in whose favor the judgment is ordered and any relief granted or denied.  See Bd. of Supervisors of Louisiana State Univ. v. Mid City Holdings, LLC

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