Articles Posted in Negligence

housing_real_estate_estate-1024x681Generally, when you ask an insurance agent for a specific policy, you expect them to honor your request. But what happens when your insurance agent doesn’t procure the coverage you requested for? The following case is an example of a property owner who believed he maintained insurance when he did not. 

Ray Periso claimed he was an invitee to the property owned by Ban Vu when a balcony railing collapsed, causing Periso to fall fifteen feet. Periso also claimed that his subsequent injuries resulted from Vu’s negligence. Periso sued Vu, who then turned to his insurance company to provide coverage and representation for the claim. Vu was then told he didn’t have insurance coverage, which surprised him as he believed he told his insurance agent to “procure all necessary insurance on his properties for personal and property protection. “

To seek coverage, Vu filed a third-party demand against Frazier Insurance Agency, Inc. and Jamie Frazier (collectively referred to as “Frazier”), alleging negligence in not procuring a policy that provided personal liability coverage, as he requested. A hearing occurred in the 22nd Judicial District Court in and for the Parish of Tammany, Louisiana, wherein Frazier sought to exit the litigation by way of a peremption objection. The 22nd JDC ruled for Frazier, and an appeal to the Louisiana Court of Appeal First Circuit followed.  

asbestos_garage-1024x597Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are involved in one lawsuit and when evidence is not properly admitted.  

After working as an electrician in several shipyards and plants in south Louisiana for most of his life, Sidney J. Mabile, Sr. filed a lawsuit against The Dow Chemical Company (Dow) and Westgate and its predecessor, Industrial Electrical Constructors, Inc. (IEC) for asbestos-related injuries. Following a jury trial, Sidney’s claims against Westgate and IEC were dismissed, although Dow was found to be one of three defendants liable for his damages. Dow and Sidney ultimately settled. 

While the case with Sidney was pending, Dow filed a cross-claim against Westgate and IEC (collectively Westgate). Dow argued that Westgate was under an Agreement for Services that mandated Westgate to indemnify Dow for claims brought by a Westgate employee against Dow for any injuries on Dow’s premises. In other words, Dow argued that Westgate owed Dow an indemnity for Sidney’s original claim. 

21_washer_dryer-1024x768Police officers can often put themselves in dangerous positions when responding to calls related to domestic violence because tensions and emotions are usually running high. In close-knit communities, it is also not uncommon for victims and perpetrators of domestic violence to have prior relationships with the police. Such was the case for Maringouin’s Chief of Police, John Simien (“Chief Simien”), who was both a friend and family member to Mr. and Mrs. Wright, when he got a call to come to the Wright’s house during a dispute.  

Mr. Wright was the former Mayor of the Town of Maringouin, and the night before the dispute, he told his wife, Mrs. Wright, that he wanted a divorce. As a result, Mrs. Wright left the couple’s house and secured a restraining order against Mr. Wright. The next day, Chief Simien received a distressed call from Mrs. Wright, asking that he come to the house. When Chief Simien arrived at the house, he took Mr. Wright to his car for a ride away from the home so that Mrs. Wright could collect clothes and medications for her and her son, Charles Wright, Jr. (“C.J.”).

When Chief Simien and Mr. Wright arrived back at the house, Mrs. Wright, C.J., and Mrs. Wright’s brother, Maxie Gray (“Mr. Gray”), were loading a washer and dryer into a pickup truck. Mr. Wright attempted to get out of the car, but Chief Simien grabbed his wrists and forced him back into the car. C.J. also confronted Mr. Wright, placing his hands around his father’s neck, while Mr. Gray hit his brother-in-law in the leg, all of which constrained Mr. Wright inside the car.

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Imagine shopping at the grocery store, selecting fruit, when suddenly you are flat on your back.  Not just embarrassing but also painful and potentially injury-causing.  Who should be liable in this type of case? In a similar case involving a Lake Charles Kroger store, the answer lay in who had notice of the hazard.   

Glenda Parks was shopping at Kroger, perusing the produce section.  After she passed the grape display, she slipped and fell.  A store employee was working close by and helped Parks up.  Parks proceeded to shop in the same area, then walked back to the grapes where she had fallen.  She noticed several grapes on the floor, including some smashed ones.  The Kroger employee was cleaning up the grapes and the surrounding floor.  Parks was in the store for approximately twelve minutes in total.  

Parks filed a lawsuit against Kroger, and Kroger filed a motion for summary judgment. The Fourteenth Judicial District Court for the Parish of Calcasieu agreed with Kroger that Parks would not be able to show that Kroger had the requisite notice of the hazard.  Parks appealed to the Louisiana Third Circuit Court of Appeal.  

ford_e_series_wagon_10-1024x814Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana slip and fall cases. The following case out of Slidell, Louisiana, shows why facts are crucial when pursuing a slip and fall lawsuit.

Hope Held was injured while shopping at Home Depot with her child. She alleged her injuries were due to the misplacement of a wire hand truck(truck) in the electronic section of the store. After her fall, she was found by an employee, Jeffrey Crossland, and was escorted out of the aisle to receive help and complete an accident report.

Held filed a lawsuit for her injuries against Home Depot. The store responded by successfully filing a motion for summary judgment in the trial court. Held disagreed and appealed the judgment to the appellate court.

feet_toe_human_body-1024x683No one wants to experience pain and suffering after spending money and time getting surgery. Nonetheless, some people fall victim to these complications. A person can be prone to injury when a defective product is inserted into their body. This was the case with Kale Flagg.

Kale Flagg underwent foot surgery to install toe implants made by Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturers”). Unfortunately, several months after the surgery, Flagg’s implants broke and caused him extreme pain. This resulted in him undergoing multiple surgeries to try to fix the problem. 

Flagg filed a lawsuit against the Manufacturers alleging implants were defective, which caused his ongoing suffering and deformity. The Manufacturers responded by seeking a motion to dismiss under the Federal Rule of Civil Procedure 12(b)(6), and the district court granted the motion. Flagg appealed.

money_change_penny_quarter-1024x962Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering. 

On October 1, 2009, Patricia Aguillard was driving on the interstate when she slowed her vehicle due to traffic ahead. Jeremie Gregory was driving behind Aguillard and rear-ended her vehicle. As a result of the accident, Aguillard experienced extensive physical injuries and mental health issues. As a result, Aguillard filed a lawsuit for damages for her medical issues and vehicle damage against Mr. Gregory and the owner of his vehicle, the City of Baton Rouge. 

The trial court found in favor of Aguillard after a jury trial, determining that Mr. Gregory was 100% at fault for the accident. The jury awarded her $122,751 for past medical expenses and $450,150 for future medical expenses, totaling $572,901. However, Aguillard filed a motion for a Judgment Not Withstanding the Verdict (JNOV) in response to this award, claiming that the jury erred when it failed to award her more money for future medical expenses and general damages. The court denied her claim for more in future medical expenses but granted the JNOV as to general damages. The court granted the following amounts: $350,000 for physical pain and suffering, $75,000 for mental pain and suffering, and $15,000 for loss of enjoyment of life. This brought Aguillard’s total award to $1,012,901. 

inside_ambulance_ambulance_lighting-1024x576Physically demanding jobs can result in workplace injuries that prevent employees from working and earning a wage. However, it is essential when filing a worker’s compensation claim not only to prove your claim but to do so within the timelines required by the courts. A workplace accident claim filed in Metairie, Louisiana shows the importance of timeliness in workers’ compensation lawsuits and helps answer the question; What is the Deadline to File a Workers’ Compensation Claim in Louisiana?

Tramaine Eugene-Robinson was working as an EMT for East Jefferson General Hospital in late 2014. While transporting a patient on a stretcher, a malfunction occurred, causing her to drop the patient and injure her back and knees. When EJGH did not pay her wage benefits, Ms. Eugene-Robinson sued in 2017, alleging that she had suffered an injury of a “developmental nature,” meaning that the injury developed sometime after the actual accident. Although EJGH acknowledged that the plaintiff had experienced an injury at work, they argued that her claim was untimely under La. R.S. 23:1209(A).

La. R.S. 23:1209(A) sets time limits on worker’s compensation claims. The courts have recognized two different situations that establish the date that an injury turns into a disability: 1) the date the employee must stop working due to the injury or 2) the date that an employee is diagnosed as disabled. Winford v. Conerly Corp.

washing_machine_dryer_laundry-1024x768Many jobs require physical labor, which comes with some risks of injury on the clock, especially for those who install and move equipment. Sometimes you get injured while working, and you think, “maybe I can just work through this.” However, if you attempt to work through an injury and don’t report it immediately to your employer, they may try to avoid paying you workers’ compensation benefits. This happened to James Payton, a veteran and previous employee of NASA. Payton’s case helps answer the question; Can I get Workers’ Compensation Benefits if I Don’t Immediately Report My Injury? 

James Payton began working for Sears in 2013. Before this position, Payton served in the military and worked for NASA for 31 years. He was hired at Sears as an appliance technician, which requires some physical labor. During a shift, Payton was installing a washer/dryer in a residence and injured his back. Payton had never been involved in another accident or had injured his back before his employment with Sears. 

Payton continued working after his injury in the hope it would correct itself. Unfortunately, the injury worsened over the next few days, and Payton found it challenging to complete simple actions, such as getting out of bed or driving a car. After visiting a physician and receiving an MRI, it was confirmed that Payton had herniated discs in his lower back, and he was advised to avoid heavy lifting. He then reported his medical diagnosis to Sears approximately a month after the initial injury.  

request_hooks_chain_steel-1024x683If you are involved in a lawsuit, you probably have a lot of things on your mind. However, you must pay attention to the required deadlines and time to respond to documents from the other side, including requests for admission. If you do not respond on time, you might be deemed to have admitted to facts that are helpful to the other side. That could cause significant implications for your lawsuit. The following Louisiana lawsuit shows the deadline to answer and the effect of admission requests.

Steven Richard was involved in a car accident in Concordia Parish, Louisiana, involving a vehicle driven by Fred Taylor. Richard later sued Taylor, Fred’s Automotive (the shop where Taylor’s vehicle was repaired), and Caitlin Insurance, the insurance company that covered Fred’s Automotive. 

Fred’s Automotive and Caitlin Insurance brought a motion for summary judgment. They argued they could not be liable to Richard because their limited liability company had not existed when the accident occurred. As evidence, they introduced a printout with the relevant recording and other operating information for their limited liability company. The trial court granted their motion for summary judgment and dismissed the claims against Fred’s Automotive and Caitlin Insurance.

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