Articles Posted in Negligence

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.  

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.

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.

time_take_time_cosmetics-1024x652When it comes to medical malpractice, time can be both a friend and a foe. Trusting doctors to safeguard the well-being of our loved ones makes the process of bringing a lawsuit challenging and emotionally charged. Yet, within the legal field, there exist specific time frames and procedural intricacies that can make or break a case. Once the clock runs out on a particular timeframe, a lawsuit is deemed barred, leaving individuals without recourse. In the midst of this intricate dance between justice and time, the story of Rita Foster and her family shines a light on the importance of understanding legal procedures and seeking qualified legal representation.

In August of 2012, Rita Foster was hospitalized, during which time Dr. Olisa, a physician at Ochsner Health System, ordered that Foster have a CT scan of her chest. When a 2-centimeter speculated appeared on her lung, Olisa recommended that Foster have a follow-up CT scan in three to six months. Foster’s children (plaintiffs) claimed there was no documentation of this recommendation in any medical records and thus contributed to Foster not obtaining the recommended follow-up for the CT scan of her chest. 

In the following days and years, Foster was treated for other issues by multiple physicians and healthcare providers working within and outside the Ochsner Health System, with no other communication to order a repeat CT scan.

accident_car_accident_car-1024x683Being involved in a car accident is unfortunate, especially when it leaves you with long-term pain and suffering. If your injuries are a direct result of a car accident, you may be entitled to compensation from those who caused them. Rather than risk representing yourself in the legal process and walking away with little to nothing, you need to be represented by a qualified attorney who can assist in getting you the damages you deserve. 

Brenda Brown was stopped at a red light when she was rear-ended. The driver of the other vehicle was Homer Sargent, who had been employed by Evans Environmental and Geological Science and Management. Both vehicles were rentals from Enterprise Car Rental. 

Brown claimed the car accident caused her numerous personal injuries, entitling her to compensation for not only past, present, and future physical pain and suffering, but also past, present, and future lost wages and earnings. Additionally, she argued she was entitled to damages for her diminished quality of life as well as for severe emotional and mental anguish. 

building_hospital_within_931281-1024x683Amid the potential chaos and life-or-death scenarios in a hospital emergency room, “negligent credentialing” might not immediately come to mind. It’s understandable; after all, numerous nightmare scenarios occupy our thoughts. However, negligent credentialing is an incredibly significant matter that hospitals face regularly.

So what is “negligent credentialing”? It all comes down to whether your doctor has the legitimate credentials to practice medicine at that hospital.

Imagine a chaotic life-or-death situation where someone you love has been rushed into the ER. Your first thought isn’t going to be, “Hm, I wonder if this doctor is board certified?” It’s assumed that if someone’s doing a professional job, they’re qualified to do it. You trust the mechanic changing your car’s oil knows what they’re doing, right? Or that your kid’s teacher has the right qualifications to teach. And your dentist—you’re pretty sure they’re qualified and accredited to poke around your mouth.

roofers_job_people_roof-1024x683When accidents occur on a construction site, questions of liability and responsibility arise, leaving property owners wondering about their potential legal obligations. In a compelling lawsuit from Alexandria, Louisiana, the issue of whether a homeowner can be held liable for injuries sustained by a roofer while working on their property takes center stage. The case of Robert Schram v. Ronnie Waters provides valuable insights into this perplexing matter, shedding light on the factors determining a homeowner’s liability when a roofer falls from their roof.

Robert Schram, an employee of Dan Baker, slipped and fell while working on a tin roof. He fell while trying to catch a nail gun thrown from the ground causing him to break his ankle. He sued the property owner, Ronnie Waters, and his insurer Colony Specialty Insurance Company (Colony), claiming Waters was liable for his injuries because he was supposed to provide the necessary safety materials for the job. 

The trial court granted Colony’s and Waters’s joint motion for summary judgment to dismiss the claims, which found no genuine issue of fact on the question of Waters’s liability. Schram appealed, claiming the trial judge committed a legal error in his decision because there are three issues of material fact concerning Waters’s negligence.

court_justice_interior_architecture-1024x768Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are injured while working and attempt to file a claim for workers’ compensation in a state where you were not employed. 

Louisiana resident Lemcy Cortez was hired by Triple F Oil Field Service, LLC, to drive trucks in Oklahoma. The day after he arrived in Oklahoma, Cortez was involved in an automobile accident that allegedly led to elbow and back injuries. He filed a Disputed Claim for Compensation in the Louisiana Office of Workers’ Compensation (OWC) against Triple F and its insurer for workers’ compensation benefits which he alleged his employer refused to pay. Triple F and its insurer claimed Cortez lacked subject matter jurisdiction. Triple F believed Cortez was hired in Oklahoma, and Cortez believed he was hired in Louisiana. 

Cortez claimed he was hired over the phone in Louisiana, but in his recorded statement to the insurance company’s interviewee, he stated he was hired by Triple F in Oklahoma. Cortez offered two affidavits to support his position that he was hired in Louisiana. In the first, he claimed he contacted Triple F about the job while he was in Louisiana. He claimed he was contacted by Triple F in Louisiana when he was offered the job and accepted it over the phone. In the second, he claimed the company’s Vice President called him to offer him the job, and he knew Cortez lived in Louisiana. In addition, he claimed he understood he had been officially hired by Triple F at that point, and the company had made living arrangements for his move to Oklahoma. 

school_bus_canada_highway-1024x1024It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean?  The Louisiana Third Circuit Court of Appeal discusses this question and when a final judgment can be amended to contain all the necessary language crucial for the order.

Upon appeal, in the Third Circuit Court of Appeal in the State of Louisiana, Cedrick Laundry alleged that his son, Sengal, was injured when the school bus he was riding hit a curb and ran into a pothole. Defendants (the School Board and others) filed for summary judgment as they believed they were not responsible for Sengal’s injuries.

Summary judgment is when there is no genuine issue of material fact as it pertains to the case. Under Rule 56(a) of the Federal Rules of Civil Procedure, if the School Board cannot prove its case, the court will dismiss it. The trial court granted their motion for summary judgment but did not state the dismissal of any or all of the claims against the School. The judgment simply stated:

washington_dc_fire_ems-1024x683In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent Lafayette Parish case highlights the essential evidence to support a retaliatory discharge claim. It highlights the importance of seeking legal guidance when faced with such a situation. By delving into the details of this case, we can uncover the necessary proof required to establish a compelling retaliatory discharge case and empower individuals to protect their rights in the workplace.

Pashine Broussard suffered a workplace accident while employed at Our Lady of Lourdes Regional Medical Center (“Lourdes”). Since the accident in 2006, Lourdes paid Broussard’s medical bills and accommodated her various restrictions, including allowing other employees to perform the tasks she could no longer accomplish until 2010. At that time, Broussard’s surgeon took her off work completely. 

Broussard then met with Lourdes to discuss workers’ compensation indemnity benefits. Lourdes, however, informed Broussard that her time to seek these benefits had expired, as her injury occurred over four years ago; however, Broussard was approved to take a leave of absence, expiring in January of 2011. Broussard signed the acknowledgment of the leave time and then subsequently filed a workers’ compensation claim, the latter of which was ultimately denied. 

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