Articles Posted in Negligence

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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. 

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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. 

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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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hole_dark_light_black-1024x685Homeowners often have to deal with contractors, such as plumbers, completing work in their homes or yard. What happens when a homeowner is injured from a condition on the property the contractor created? The following case helps answer that question. 

Donald and Marilyn Lincoln hired Acadian Plumbing & Drain to go under their Metairie, Louisiana home and replace its drain lines. A few weeks after Acadian started the work, Marilyn Lincoln walked outside and fell into a hole Acadian had dug to access the pipes under their home. She injured her hip or leg and had to have surgery. 

The Lincolns filed a lawsuit against Acadian and its insurer. They claimed Acadian was negligent for not sufficiently securing or barricading the hole in the yard and for not warning them of the danger. While the lawsuit was still ongoing, Marilyn Lincoln passed away. Her son claimed her death resulted from a stroke caused by a blot clot that formed because of her injuries from falling into the hole and her resulting surgery. 

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defense_gov_news_photo_526-1024x680When renting an apartment, tenants expect a safe and secure living environment. However, what happens when an accident occurs due to negligence by the apartment owner and management company? If a leaky roof in your apartment injures you, can you make a claim for your injuries? The following lawsuit answers that question. 

Kim Faciane lived in the Golden Key Apartments. After moving out, she filed a lawsuit against Golden Key, who owned the apartment complex, and Ohio Management, who managed the complex, and its insurer (collectively, the defendants). She claimed one night, while asleep in her apartment, sheetrock fell from the ceiling because of the leak. She claimed it hit her leg and caused her to slip and injure her back and neck. She claimed the defendants were liable because they kept the apartment in disrepair, did not repair the ceiling after being informed it leaked, and otherwise not properly maintaining or inspecting the apartments. 

The defendants filed a summary judgment motion, arguing that the lease had a provision that required Faciane to hold them harmless for any property or personal injury claims. They argued under La. R.S. 9:3221, Faciane was responsible for the premises’ conditions unless they were neglectful or failed to take action after she notified them in writing of a defect. They argued they did not know of any issues with the roof until after the accident occurred. Faciane countered the defendants had been notified about issues with the apartment’s ceiling at least two times before. The trial court granted the defendants’ summary judgment motion and dismissed Faciane’s lawsuit, who appealed.

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ambulance_ambulance_service_1666012-678x1024Medical emergencies call for swift and professional response from emergency medical personnel. However, what happens when a patient sustains additional injuries during transit due to unforeseen circumstances? The following case highlights the complexities of dealing with immunity laws for government employees and emphasizes the importance of seeking legal counsel to navigate statutory requirements and potential exceptions when considering legal action in such situations.

One morning, Clovina Stein felt like she was having a heart attack at her home in Gretna, Louisiana, so she requested emergency medical services. They took Stein to the hospital in an ambulance. While in transit to the hospital, the driver had to make a sudden stop. That caused one of the emergency medical technicians to fall on top of Stein. 

Once at the hospital, Stein was treated for a heart attack. Stein filed a lawsuit against the city of Gretna, the responding emergency personnel, and other defendants, claiming she suffered severe injuries when the emergency medical technician fell on her while in transit to the hospital. 

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disabled_disabled_human_being-1024x734Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of the cause of injury, a lawsuit can help hold medical professionals responsible for the type of care they provide. The difference between a tort and a medical malpractice claim for nursing home injuries is examined in the following case. 

John Lee was a resident at Woldenberg Village nursing home located in New Orleans. Lee was labeled a fall risk and therefore had a fall-detecting device attached to his wheelchair that would sound if he attempted to stand up. When installed correctly, the device is not accessible to the wheelchair user. A nurse found Lee lying on the ground with the alarm device in his hand. Lee’s hip was injured and required surgery due to the fall.

Lee’s estate filed a tort lawsuit against Woldenberg for damages relating to the fall. Woldenberg filed an exception of prematurity because the claims related to medical malpractice and were therefore required to undergo investigation by a medical review panel before litigation. Lee’s estate appealed the lower court’s findings of prematurity.

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crosswalk_pedestrian_crossing_407023-1024x656People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways before crossing the street, the following lawsuit may encourage you to take proactive steps to avoid being hit.

Wilson Jolivette was walking on a service road near Louisiana Highway 90 when he was struck by a passing truck driven by Ray Hebert. Hebert was employed by Hanagriff’s Machine Shop and was driving a large flatbed truck owned by the Shop. Jolivette broke both his wrist and ankle due to the collision. Hebert’s driver’s license documents partial vision loss in one eye, and he testified that he did not see Jolivette walking on the road. 

Witnesses to the events described Jolivette walking into the road, being struck by the truck’s side mirror, and spinning into the air. Jolivette admitted that he did not look both ways before crossing the service road and consequently did not see the truck coming. Jolivette sued the Shop for medical expenses, pain and suffering, and loss of earnings. The jury found him 70% at fault for the accident and the Shop at fault for the other 30%. The jury also awarded Jolivette $10,000 for pain and suffering and other awards. Both parties appealed their assignments of fault. Jolivette appealed the $10,000 ruling.  

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oil_oil_production_oil-1024x768Can a trial court’s approval of a settlement agreement in a property contamination lawsuit be upheld without determining remediation requirements and the deposit of funds into the court registry? This question lies at the heart of the following case, which features an appeal of the trial court’s judgment approving a settlement agreement regarding property contamination caused by historic oil and gas operations. The appeal raises issues of statutory interpretation and whether the trial court erred in its application of the law. The resolution of this question has significant implications for the approval process of settlement agreements in similar cases governed by Act 312.

In this case, Certain Insurers appealed the trial court’s approval of a settlement agreement in a property contamination lawsuit. The insurers raised two issues for the court to decide: (1) whether the trial court erred by not determining whether remediation was required before approving the settlement, and (2) if remediation was necessary, whether the court erred by not ordering the deposit of funds into the court registry.

The litigation involved historic oil and gas operations in Jefferson Davis Parish, and the plaintiffs sued Riceland and BP for damages and remediation. Riceland, in turn, filed a third-party demand against Certain Insurers seeking coverage under applicable insurance policies. After years of litigation, the plaintiffs, BP, and Riceland reached a compromise to resolve all claims. The settlement agreement included provisions for remediation by state regulatory standards, and Riceland assigned its rights against Certain Insurers to the plaintiffs.

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new_zealand_accident_insurance_0-1024x768Vicarious liability in the context of work-related accidents is a complex legal issue that necessitates careful analysis of the state’s code. The case of Sarah Barber serves as a compelling example of the potential consequences when a government employee causes an accident while performing their job duties. Understanding the nuances of vicarious liability and the specific provisions governing such cases is essential to determine the employer’s liability for the actions of their employees.

Sarah Barber (Barber) was driving her car with passengers on Highway 107 in Pineville, Louisiana, when her car collided with Larry Jeane (Jeane), heading northbound on the highway. The collision occurred when Jeane’s car crossed the median and hit Barber’s vehicle. Mr. Jeane succumbed to injuries, while Barber’s passengers sustained severe injuries. The passengers in Barber’s vehicle filed a lawsuit against the City of Pineville, its insurer, and several other defendants. 

The primary issue discussed in this case was whether the State was vicariously liable for the accident caused by Jeane because he was on the job as a state Marshal when the accident happened. The Plaintiffs claimed the state was vicariously liable for Jeane’s actions since Jeane’s job is directed by the State Legislature. For the passengers to be successful in their vicarious liability claim, they needed to show the state was responsible for the Marshal’s actions under La. C. C. art. 2320 and La. R.S. 42:1441.4.

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