by

An “act of God” is an unusual, extraordinary, sudden, and unexpected manifestation of the forces of nature which man cannot resist, or prevent for that matter. Even something as commonplace as ice on a bridge can qualify. Three suits regarding a two-car accident on Natchitoches’ Ecore Bridge in 1990 gave Louisiana’s Third Circuit Court of Appeal an opportunity to discuss the doctrine of inevitable accident and the State’s duty to remedy the icy conditions.

The aforementioned early-morning ice on the Grand Ecore Bridge affected several motorists in January of 1990. Problems began between 5:30 and 6 a.m. when ice caused a woman to lose control of her car, hit a road sign, and come to rest facing the opposite direction that she was traveling. Shortly thereafter, a supervisor of the State’s Department of Transportation and Development (DOTD), Neil Bennett, came upon the accident while traveling on department business. Bennett stopped to see if the woman was injured, then proceeded down the highway to a roadside store where he called the Sheriff’s Office to report the accident. He then called the DOTD barn to request that a crew place sand on the bridge and returned to the bridge.

Minutes after Bennett returned, a Mack truck hit a patch of ice, jackknifed, and slid into an oncoming Pontiac. The driver of the car and his two passengers filed suit against the DOTD, the driver of the truck, his employer, his insurer, and the Louisiana Insurance Guaranty Association. The trial court dismissed all claims and the Third Circuit affirmed.

Continue reading

by

Just before dismissing several hundred Walker High students for Spring Break, local police staged a mock car crash in an effort to teach an incredibly important lesson about safety. As students were still in class they heard a loud crash over the loudspeaker. Going outside, the students saw two carloads of their classmates in a serious wreck.

A report on Baton Rouge’s WAFB Channel 9, described the scene:

Staged beside the cemetery, the side road next to the high school was blocked off. Smoke billowed from behind the cars, screams from friends and police sirens filled the air. From the looks on the student’s faces, it got their attention

Continue reading

by

Oftentimes, the most important question in an injury lawsuit is not “Can I recover?” Rather, the crucial questions involve whom to seek recovery from and where – i.e., in which court – to do that. Sometimes the answer lies simply in where the accident and injury occurred. However, as an older case from West Feliciana Parish indicates, proving that fact is not always as straightforward as it seems.

The case of Crum v. Southshore Railway Company, (230 So.2d 100 (1969)), revolves around the tragic drowning of John Floyd Crum. Mr. Crum was an employee of Southshore Railway Company. While working on a sand and gravel dredge, Crum fell into the water and drowned because he could not swim.Further, the boat on which he was working was not equipped with life-saving devices and was, generally speaking, poorly maintained.

From those facts, it would appear that Southshore would be legally responsible for the circumstances of Mr. Crum’s death. However, this was not the issue that this particular case focused. Rather, the important issue was whether the court had jurisdiction over the matter. The jurisdiction issue would be determined by whether the case fell under the federal statute known as the Jones Act (46 U.S.C. § 30101) or under Louisiana’s Workmen’s Compensation Act. The Jones Act permits injured seamen to recover damages from their employers for accidents that occur “on navigable waters.” Thus, if Mr. Crum’s accident happened on a navigable body of water, his estate could seek damages from Southshore under the Jones Act. Otherwise, Mr. Crum’s family and legal team would have to rely upon the state workers’ compensation program.

Continue reading

by

Although it has been half a decade since the devastation caused by Hurricane Katrina, the dangers Louisiana residents face from both unruly weather and their insurance providers are far from over. A new study released Monday reveals that New Orleans is one of the gulf cities most at risk for hurricane related damage. The study, available here, also reveals that the damage done by Katrina was primarily attributable to storm surges.

A “storm surge” is simply the rise of water caused by a storm. Storm surge damage refers to the harms caused by the flooding that results from this rise of water. This type of damage is distinct from the wind damage that may also be associated with a massive storm. The difference between flood damage and wind damage is important for a few reasons.

Primarily, the difference is important to insurance providers and their willingness to cover a claim in the event of damage to a home or property. Oftentimes general home insurance traditionally does not cover flood damage. As a result, separate insurance to protect against flood damage commonly must be retained by a home owner in order to cover storm surge damage. This is important because when a catastrophic storm hits there is no way of knowing what specific aspect of the storm will cause the eventual damage to a property or home. If a homeowner has failed to secure flood insurance they must prove that the damage their home suffered was as a result of wind (and not the storm surge) to recover under their insurance policy.

Continue reading

by

Leesville Bank not Liable for Wrongful Death: Louisiana Supreme Court Finds no Breach of Duty

At 1:30 a.m. on November 13, 1992 Jesse Pinsonneault left his job as assistant manager at a pizza parlor and went to deposit the daily receipts into the night deposit box at nearby Merchants & Farmers Bank & Trust Company in Leesville. Tragically, 23 year old Jesse never completed his task and was robbed, shot, and killed by two escaped convicts. Jesse’s parents James and Debra Mae Pinsonneault brought a wrongful death suit against the bank where they alleged that the bank failed to provide adequate security for after hours patrons.

After trial, the trial court ruled that the bank did owe Jesse duty but that the duty was not breached and therefore the bank was not liable. The plaintiffs appealed and the appeals court ruled that the trial court was manifestly erroneous in determining there was no breach of duty and held that the bank was liable. Following the appeals court decision the Supreme Court of Louisiana handed down Posecaci v. Walmart Stores, Inc. where they adopted a balancing test for determining when business owners owe a duty to provide security for their patrons. In light of this decision the Supreme Court of Louisiana sent the Pinsonneault case back to the Court of Appeals where they reexamined the duty issue and reaffirmed their previous decision.

Continue reading

by

In May 2005 the Third Circuit of the Louisiana Court of Appeals upheld a significant general damages award rendered in favor of Clyde Rayburn of Hineston. Mr. Rayburn, an 83 year old widower, was injured in 2003 when he was stopped in his pickup truck at an intersection and was struck from the rear by a school bus. He sustained injuries to his right shoulder, neck, and lower back and the defendants stipulated to liability at a 2004 trial. While Mr. Rayburn’s neck and lower back complaints were resolved, at the time of trial he continued to have difficulty with his right shoulder.

According to the testimony of his physician Dr. Drury, Mr. Rayburn has a chronic complete tear to his rotator cuff. A chronic tear means that the tear initially occurred six months or more before examination (and the accident) and completely tore during the accident. Mr. Rayburn had no complaints of pain before the accident and was quite active. After the accident, however, he had difficulty lifting his arm over his head or reaching out to pick up anything, even something as light as a gallon of milk from his refrigerator. Dr. Drury also testified regarding the prognosis of the injury and indicated that Mr. Rayburn was not a candidate for surgery and, although he would have good months and bad months, his condition was permanent.

The trial court believed Mr. Rayburn’s testimony that the preexisting rotator cuff tear did not hinder his lifestyle which was affected for the worse by the accident. As such, the court awarded Mr. Rayburn $85,000 in general damages and $3,450.15 in medical expenses. The general damage award was appealed as excessive to the court of appeals.

Continue reading

by

30 year old Shannon Sampson of Minden was on the job as a supervisor with GATX Rail Field when he fell into a rail car and later died from his injuries. According to Webster Parish’s public information officer, Jenny Reynolds, Sampson fell after passing out due to a lack of oxygen.

As reported by the Shreveport Times on their website on March 12th:

Sampson was flown from the scene to a Shreveport hospital, where he later died. Bossier Parish Fire District No. 1 Assistant Chief Skip Pinkston told deputies the oxygen level in the rail car was 7.3 percent, ‘which is about half of what we need to function,’ Webster Parish Sheriff Gary Sexton said.

Continue reading

by

Residents of Louisiana, Florida, Virginia and at least twenty-nine other states have reported problems associated with the use of imported Chinese drywall. Reported problems include the emission of foul odors and physical damage to property. In addition, some homeowners have complained of health problems such as headaches, coughing and general respiratory problems.

Although U.S. government investigations into the Chinese drywall issue are ongoing, a recent U.S. Consumer Product Safety Commission (‘the Commission’) study identified a link between Chinese drywall and the corrosion of metal components in homes. As part of its ongoing investigation, the Commission has issued a precautionary fire alert.

Many affected homeowners have taken a proactive approach. In one U.S. District Court case in New Orleans, plaintiffs’ attorneys have requested that the court require Chinese drywall manufacturer Knauf Plasterboard Tianjin Co. (‘Knauf’) to pay to restore an affected house to the condition that it was in before corrosive gases allegedly damaged property. Although Knauf’s attorney agreed that Knauf should remove the drywall from the affected home, the company’s attorney argued that Knauf should not be held responsible for the restoration of the home, questioning the claim that Chinese drywall corroded fixtures. According to one source, at least 2,100 people in the U.S. have sued in federal courts, claiming damage from Chinese-made drywall.

Continue reading
Contact Information
1140 St Charles Ave
New Orleans, LA 70130
Phone: (504) 521-6000
Fax: (504) 617-6300

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Berniard Law Firm
JUSTIA Law Firm Blog Design