Litigation

November 4, 2023

When Can an Employer be Held Responsible for Employee’s Wrongdoing?

police_car_police_chase-1024x576 There are many instances when an employer may be held liable for the actions of their employees, even when the former was completely uninvolved in the tort, or wrongdoing. This scenario is referred to as vicarious liability. The court must take several factors into consideration when dealing with a vicarious liability action, as evidenced by a Caddo Parish case involving a Sheriff and his Deputy.

In an effort to arrest Damien Pea, who had multiple outstanding warrants, the Caddo Parish Sheriff’s Department and the Shreveport Police Department put together an operation performed by members of a joint task force, referred to as Street Level Interdiction Unit (henceforth called SLIU). SLIU then requested the help of Pea’s girlfriend, Teketia Pipkins, who was told to bring Pea to a gas station and then exit her vehicle.

On the day the operation took place, Pipkins drove Pea to the gas station and left her vehicle, as instructed, although she did not remove the keys from the ignition. Pea, who was in the passenger seat, subsequently moved to the driver’s seat and drove away. A high-speed chase between Pea and law enforcement commenced.

November 3, 2023

Louisiana Appellate Court Rules That Damages Awarded to Car Accident Victim Are Not Excessive Amount

by Berniard Law Firm

us_navy_021209_n_6-1024x672 Countless people are at risk of being in a car accident every day. Imagine you are on your usual morning commute to work, but suddenly someone rear-ends you causing injuries that change your life forever. You deserve to be compensated as much as you can to restore yourself to the state you were in before the accident. However, what happens when the defendants appeal the amount of damages you are supposed to receive?

On December 9, 2013, a traffic accident occurred when the automobile operated by the defendant, Justin Wascom, Jr., owned by his employer, Clean Water Opportunities, Inc. (“Clean Water”), and insured by Hallmark Specialty Insurance Company (“Hallmark Insurance”), rear-ended the automobile operated by the plaintiff, Evette Neal. Mr. Wascom was driving the automobile when he rear-ended Ms. Neal’s vehicle. Her vehicle hit the side concrete wall, left the roadway, flipped over, hit a tree, and finally stopped in a canal. Ms. Neal filed suit against Mr. Wascom, Clean Water, and Hallmark Insurance, seeking damages for injuries to her neck, back, shoulders, legs, chest, sternoclavicular (“SC”) joint, collarbone, hands, and fingers allegedly sustained as a result of the accident.

On March 15, 2016, a trial was conducted as to the issue of damages. At trial, the parties stipulated to liability and insurance coverage. On April 1, 2016, Ms. Neal was awarded various amounts for general damages, medical expenses, future medical expenses for continued operations, lost wages, and all costs of the proceedings. However, Mr. Wascom and Hallmark Insurance appealed stating there was an error as to the amount of general damages awarded to the plaintiff. The defendants argued that the trial court abused its discretion in awarding $700,000 to Ms. Neal for her injuries. These injuries included a partially dislocated SC joint, a strained shoulder, a strained neck, and a strained back. However, the defendants assert that Ms. Neal already had neck and shoulder injuries prior to the accident and they were only made worse by the accident. The defendants also asserted that she only missed one month of work and she now has full range of motion in her shoulder and arm.

November 2, 2023

Trustee and Executrix Liable For Breach Of Fiduciary Duty

by Berniard Law Firm

working_office_desk_busy-1024x830 When you select someone to serve as a trustee or executor, you expect they will act in your best interest. If someone in such a position of trust breaches that obligation, they might be liable for a breach of fiduciary duties.

Fred Houston’s wife died, leaving him a life insurance policy. Hanh Williams helped Houston collect the insurance proceeds and over time, became involved in all aspects of his financial affairs, including his oil and gas interests. Houston gave Williams his power of attorney the next year.

Then, approximately two years later, Houston formed a trust and made Williams the trustee. The trust contained almost all of Houston’s assets. If either Houston or Williams died, the trust would terminate. Houston then executed a will that left a few specific bequests, with the remainder of his estate to go to Louisiana State University (“LSU”). Houston subsequently passed away, and Williams filed for probate.

November 1, 2023

Who Is Entitled To Inherit Bank Accounts?

by Berniard Law Firm

interview_paperwork_quill_law-1024x768 A difficult part of dealing with a family member’s death is balancing your grief with having to deal with the practical considerations of administering their estate. This can lead to family conflict, especially when there is disagreement about who gets what. Although clear language in a will or testament can help avoid such disagreement, what happens when the language of the testament and related documentation are unclear about who the deceased wanted to receive specific bank accounts?

When Elizabeth Perritt died, she left a notarial testament. The testament named the executrix of her estate, bequeathed several specific items to specific people, and left the remainder of her property to three specific individuals (the “Residuary Recipients”). The testament stated she had designated beneficiaries for certain unnamed bank accounts pursuant to the “payable on death” provisions of La. R.S. 6:314.

The Residuary Recipients and Carroll Toms all argued they were entitled to the deposit accounts. Peritt’s executrix filed a motion to determine who was entitled to two of Perritt’s deposit accounts held at Home Federal Bank. The trial court held the Residuary Recipients were entitled to split the deposit accounts. Toms filed an appeal.

October 31, 2023

Can’t Just Say No: What Is Required To Decline UM Coverage?

by Berniard Law Firm

driving_school_driving_car-1024x685 If you want to decline uninsured/underinsured (“UM”) coverage, you might think it is sufficient to merely tell your insurer you do not want UM coverage. However, under Louisiana law, there are strict requirements with which you must comply in order to validly waive UM coverage. What happens if the insured does not follow those formal requirements?

Joey Higginbotham worked as a truck driver for Dupre Logistics. He was involved in a car accident while on the job. He filed a lawsuit against the other driver and his insurer, USAgencies. He also added Dupre’s liability insurer, Zurich, and sought UM coverage under its policy.

Zurich claimed Dupre had waived its UM coverage and moved for summary judgment. Higginbotham also filed a summary judgment motion, arguing Dupre’s supposed waiver was not valid under Louisiana law.

October 30, 2023

Use of Racial Epithet Grounds For Termination

by Berniard Law Firm

wzwz_141222_munich_against_0-1024x768 We 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.

October 29, 2023

When Is Department of Transportation and Development Liable For Car Accident Damages?

by Berniard Law Firm

transportation_manila_philippines_388826-1024x768 We 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.

October 28, 2023

Gift Or Debt? What Happens To Car When Relationship Goes Sour

by Berniard Law Firm

love_castle_castle_symbol_1-1024x683 When 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.

October 27, 2023

When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?

by Berniard Law Firm

new_zealand_accident_insurance_0-1024x768 If 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.

October 26, 2023

Settlement Agreements Do Not Preclude All Future Lawsuits

by Berniard Law Firm

deer_roe_deer_herd-1024x558 Entering 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.