Articles Posted in Negligence

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texture_airbag_car_vehicle-1024x683Car manufacturers have a duty to provide safe vehicles for drivers and passengers. A safe car includes an airbag that can help lessen the effects of an auto accident. What happens when your airbag doesn’t expand during a wreck? Can you sue the manufacturer of that airbag? An Ascension Parish lawsuit shows why the absence of a car that has a defective airbag will cause major headaches for your product liability lawsuit.  

While traveling through Ascension Parish in the summer of 2012, Joseph M. Dortch (“Dortch”) swerved off the road and into a ditch after trying to avoid another vehicle crossing over the centerline of the highway. Dortch was transported to the hospital by ambulance and sustained several injuries. His car was totaled and eventually sold by his insurance company, State Farm Mutual Automobile. 

Following the accident, Dortch sued the other driver and FCA US LLC. Against FCA US LLC, Dortch claimed that the airbags in his vehicle were “unreasonably dangerous” because they failed to deploy during the accident and were, thus, the proximate and contributory cause of his injuries. FCA US LLC  filed a motion for summary judgment in response to these claims, arguing three points to undermine Dortch’s allegations. 

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craftsmen_building_scaffold_19584-1024x679The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks posed to workers and their families when seeking compensation.

While working in 2013, Michael J. Louque Jr. was crushed to death by a piece of heavy machinery that rolled off the truck it was being loaded onto. Mr. Louque was employed by River Parish Maintenance (RPM) but was working at the Motiva Enterprises, LLC (“Motiva”) manufacturing complex. Upon his death, the family of Mr. Louque filed a lawsuit against Motiva and others, seeking compensation for his wrongful death. 

The contract that brought Mr. Louque to the Motiva manufacturing complex was actually between RPM and Shell Oil Products US (“Shell”). This point is crucial in understanding the state of the Louque’s litigation, as Louisiana law prohibits employees from directly suing their employers in a tort claim rather than pursuing worker’s compensation benefits. See Deshotel v. Guichard Operating Company, Inc.

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paragraph_attorney_judge_process-682x1024The jury process is considered the great equalizer when it comes to the everyday man fighting large corporations. Juries in Louisiana are made up of twelve people tasked with evaluating the evidence and legal arguments of the parties. While juries do, their best mistakes can be made and corrected by the Judge overseeing the case. So what happens if a jury leaves out critical items of a damage award? Can a Judge increase a jury’s award of damages? The following lawsuit out of Lake Charles helps answer this question. 

Dwight Minton was a passenger in a car when he was hit by another vehicle. As a result, he filed a lawsuit against Christopher Gutierrez, the driver of the other vehicle, and GEICO Casualty Company, among others. In addition, Minton sought damages for the injuries sustained in the accident. 

The jury returned a verdict in favor of Minton, awarding damages of fifty-eight thousand five hundred dollars. Believing this award was too low, Minton filed a motion for judgment notwithstanding the verdict (JNOV), asking the trial Judge to increase the award. The Judge granted this motion and awarded damages over five hundred thousand dollars. 

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cellphone_camera_phone_mobile-1024x683Courts often hear contradicting testimony and must decide who to believe or who is more credible. For example, the following Calcasieu Parish case involves two individuals who were married at the time of the altercation but have since divorced and the importance of providing the most credible testimony.   

Although Mr. and Ms. Cooper agreed there was an altercation in their home, they disagreed with the subsequent facts of this case. Mr. Cooper alleged Ms. Cooper handed him her phone to show him a picture. He then alleged that Ms. Cooper angrily began demanding the return of her phone, and when Mr. Cooper refused, she battered his testicles. Mr. Cooper claimed he sustained permanent damage due to Ms. Cooper’s actions and subsequently filed a lawsuit seeking damages. 

Ms. Cooper, on the other hand, alleged that Mr. Cooper took her phone out of her hands with substantial force. She then alleged she pleaded for the return of her phone, but Mr. Cooper refused, and he then put her phone in his pocket. Ms. Cooper claimed she attempted to remove the phone from his pocket and may have unintentionally come into contact with his testicles and penis. However, she alleged she never intentionally grabbed or battered him. At trial, Ms. Cooper moved for an involuntary dismissal of Mr. Cooper’s claim. The 14th Judicial District Court for the Parish of Calcasieu granted Ms. Cooper’s motion and dismissed Mr. Cooper’s claim. This appeal to the Louisiana Third Circuit Court of Appeal follows. 

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parking_asphalt_parking_lot-1024x768In automobile accident cases, determining the drivers’ liability is often the core issue in determining damages. Unfortunately, who is at fault in a car accident in a parking lot can be tricky. The following lawsuit out of Lake Charles shows how courts weigh the evidence and come to conclusions in parking lot collisions. 

 The case stems from an automobile accident in a business parking lot. Johnnell Duncan alleged that she was traveling through an intersection and stopped at a “stop line” painted on the pavement another vehicle driven by Alexa Miller hit her.  

Duncan filed a lawsuit against Miller and her insurance company State Farm Mutual Automobile Insurance Company. The two parties offered contrary views of evidence in the trial court. Miller claimed she was not speeding while turning, while Duncan didn’t stop at the stop line. In addition, Duncan alleged that Miller was holding a cell phone at the time of the accident, which Miller denied. The trial court ruled in favor of Duncan. Miller and State Farm appealed the ruling to the Court of Appeal, Third Circuit.

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coins_currency_investment_insurance_0-1024x683One’s life is forever altered after an incapacitating injury. While the situation comes with enough issues, problems are enhanced when medical providers merge and change the disability benefits you have relied upon for a year. Unfortunately, this is precisely what happened to Michael Swinea after Humana Inc. bought Kanawha Insurance Company. 

Swinea required a total knee replacement after he was injured in March 2012. After this surgery, Swinea attempted to return to work. After working for about six months, Swinea’s physician instructed him to stop working again. Starting in April 2012, Swinea was given $2,700 per month in disability benefits through Kanawha. In November 2013, however, Humana bought Kanawha, and Swinea’s payments ceased. Humana informed Swinea that he would no longer be covered in a letter mailed to his home address.

After receiving the letter, Swinea contacted the appeals body specified in the letter. The Humana appeals body instructed Swinea to send any pertinent documents that he would like to be considered during the review. After complying, Swinea received a letter from a Humana Grievance and Appeals Specialist notifying him that his request for disability benefits was denied. 

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safety_medical_ocean_rescue-1024x683When subcontractors get injured at work, it can be confusing to determine who is liable for damages. This case shows a company’s failed attempt at using the “two contract defense” to dismiss claims in a slip and fall case. It also helps answer the question; What is a two-contract defense in Louisiana Lawsuits?

In 2013, Quiana Lorden worked for Southern Care Hospice (“SCH”). At the time of the underlying incident, she was assisting a hospice patient living at Merryville Rehabilitation (“Merryville”), a skilled nursing facility (SNF). While helping the patient out of the shower, she noticed a large amount of water had pooled on the floor and called a housekeeper to clean it. However, the housekeeper spread the water to other areas of the floor while attempting to clean, causing Lorden to slip and injure her knee. 

Lorden filed a lawsuit against Merryville, among other related parties, to recover damages. Merryville filed for summary judgment, arguing that they were exempt from tort claims because they were Lorden’s “statutory employer” under La.R.S. 23:1061. The court granted their motion and dismissed the claim. Lorden appealed, arguing that material issues of fact remained as to whether Merryville was her statutory employer. 

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1980s_style_tow_truck-1024x768Personal injury cases can lead to placing the blame on a party so the injured person can receive compensation for her injuries. But what happens after a traffic miscommunication if both sides blame the other for the wreck? Further, what if their insurance companies are unwilling to take all the blame and pay for the accident?  The only way to solve this dilemma is through a trial which can help apportion the fault of each side after weighing the evidence. The following case out of Marksville, Louisiana, shows how fault should be apportioned in a personal injury car accident. 

David Sampson was driving down the highway with a passenger, Mario Jacobs, with a second truck attached by a tow rope. The towed truck was being operated by Sandalon Jacobs. Florence Decuir was traveling toward an intersection with the highway where Sampson was driving. Believing she saw Sampson’s turn signal, Decuir turned onto the highway to make more space for the trucks. Allegedly, Decuir did not stop at the stop sign, so Sampson had to hit his brakes, causing the towed truck to rear-end the truck he was driving. Decuir denied seeing the accident. 

Sandalon and Jacobs filed a lawsuit alleging personal injury due to the accident and named several defendants. However, by the time the bench trial came around, State Farm was the only defendant remaining. The trial court apportioned 95% of the fault to Decuir and only 5% to Sampson. The trial court determined Sandalon and Jacobs suffered from soft tissue injuries. Sandalon was awarded $46,500.00 in general damages and $5,397.81 in past medical expenses. Jacobs was awarded $35,200 in general damages and $7,377.73 in past medical expenses. State Farm appealed the trial court decision.

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highway_jam_baustelle_jam-1024x769As the weather gets nicer across the country, millions will travel to destinations near or far. Unfortunately, with this increase in traffic, accidents will occur due to the negligence of drivers. But what happens when the roadway’s integrity and safety come into question? Can the state be held liable for a highway’s defects? – The following lawsuit out of Morgan City, Louisiana, helps answer that question.

Mariah Schouest and Nicole Smith were good friends who lived and worked in Houma, Louisiana. They enjoyed going on long drives where they would listen to music and talk for fun. Typically, they would drive on Highway 90 toward New Orleans, but on this particular road trip, they decided to go West toward Morgan City. 

Schouest was driving while Smith was sitting in the passenger seat. Having been on the road for some time, Schouest stopped at the gas station on the left since it was getting dark. To get there, she slowed her vehicle, flicked on her turn signal, and began to turn into the median. Unfortunately, before she could turn, the car was hit from behind by a pickup truck driven by Joshua Landry. Smith sustained a severe brain injury as a result of the crash.

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bauer_elementary_asbestos_1-1024x768Although most people have heard of both state and federal courts, many do not know when a party in a lawsuit can move a case to a different court. This happened to Howard Zeringue, who first filed a lawsuit in Louisiana state court, but soon found himself in the United States District Court for the Eastern District of Louisiana after the company he sued removed the case to federal court. This case helps answer the question; My lawsuit was removed to Federal Court. What does that Mean?

Zeringue sued Crane Company (“Crane”) and twenty others for the injuries they allegedly suffered from asbestos exposure.  Zeringue claimed he was exposed to asbestos while working for the United States Navy and at two other jobs. Additionally, Zeringue claimed Crane designed and supplied products with asbestos to the sites where he worked and was exposed to asbestos. 

Although Zeringue initially filed the case in state court, Crane removed the case to federal court under the federal officer removal statute. See 28 U.S.C. § 1442(a)(1). Crane argued any product Crane allegedly manufactured and provided to the Navy would be subject to the Navy’s discretion on whether to use asbestos and whether to include a warning on the product. Zeringue filed a motion to remand the case back to state court. The district court ruled in his favor, holding Crane had not shown the government had exercised its discretion concerning the design and warning problems at issue.  Crane appealed the district court’s ruling that sent the case back to state court. 

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