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pexels-eray-karatas-756165405-28428022-683x1024In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases.

The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental Service LLC, centers around whether Nathaniel Smith, the injured worker, qualifies as a seaman under the Jones Act or an employee under the Longshore Harbor Workers’ Compensation Act (LHWCA).

Case Background:

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pexels-ekaterina-bolovtsova-6077447-1024x683In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward summary judgment grants.

Cassandra Smith filed a lawsuit against B-3 Property, Blair Bail Bonds, and St. Roch Villa, alleging negligence in connection with a slip-and-fall incident at her apartment complex. After several years of litigation, the trial court granted summary judgment in favor of Smith. The defendants appealed this decision.

The Issue of Appellate Jurisdiction

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pexels-bentonphotocinema-1095602-1024x683In a recent decision, the Louisiana Court of Appeal, Fourth Circuit, overturned a trial court ruling in a medical malpractice case involving the death of Nicole Phillips. The case, Jamal Wright et al. v. The State of Louisiana, O/B/ of Jamie Alleyn, M.D., et al., highlights the critical importance of adhering to proper service of process procedures when suing state-employed healthcare providers.

The case originated from a medical malpractice claim against several doctors employed by the State of Louisiana. The claim was initially brought before a medical review panel in 2015 and subsequently amended following the death of Nicole Phillips in 2016. The lawsuit was then filed by Jamal Wright, the father of Ms. Phillips’ minor child.

The Doctors, upon being served with the Petition for Damages, filed declinatory exceptions of insufficiency of citation and insufficiency of service of process. They argued that the service was improper as it was not directed to the designated agents for service of process as required by Louisiana law.

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pexels-ono-kosuki-5999944-1024x683In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained injuries after striking a revolving door at the Lafayette Airport.

Ms. Bernard filed a lawsuit alleging that the revolving door, installed by Stanley, came to an abrupt halt, causing her to fall and sustain injuries. She claimed Stanley was negligent in the installation, maintenance, repair, and employee training related to the door.

Stanley filed a motion for summary judgment, asserting that it had no duty to Ms. Bernard as the responsibility for daily inspection and maintenance of the doors rested with the Lafayette Airport. They also argued that there was no evidence of the door malfunctioning.

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pexels-lukas-hartmann-304281-1719475-1024x700In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident where Mr. Collins, a deckhand on the vessel Derrick 62, sustained an injury while performing his duties.

Mr. Collins filed a lawsuit alleging he was injured while connecting pipes on a jetty in the Mississippi River. The task required the use of a chain binder, but the available equipment was inadequate. Mr. Collins, being the largest and strongest crew member, was asked to assist. During the process, another crew member struck the binder with a bar, causing injury to Mr. Collins’s thumb. Subsequently, Mr. Collins experienced neck and shoulder pain.

Great Lakes disputed the connection between the incident and Mr. Collins’s neck and shoulder complaints, citing independent medical examinations that found no relation.

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pexels-pixabay-269630-1-1024x683In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises.

Ms. Watts initially filed a petition claiming she slipped and fell on a wet floor within the Golden Nugget casino lobby. However, during her deposition, she clarified that the incident occurred on the boardwalk outside the casino while it was raining. Ms. Watts attributed her fall to the wet conditions and alleged injuries to her right shoulder, neck, and back.

Golden Nugget filed a motion for summary judgment, arguing that the accident took place outside the casino, on the boardwalk, during rainy conditions. They contended that Ms. Watts could not establish that the walkway posed a hazard or that Golden Nugget’s negligence contributed to the incident. They supported their motion with evidence, including Ms. Watts’ deposition transcript, surveillance video of the incident, and an affidavit from their Risk Manager confirming the rainy weather and lack of prior complaints about the boardwalk.

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pexels-sora-shimazaki-5668765-1024x683In a recent decision, the Louisiana Court of Appeal reversed a summary judgment granted in favor of attorneys in a legal malpractice lawsuit. The case, highlights the critical distinction between contractual and delictual claims in insurance disputes and the potential impact on the applicable statute of limitations.

Michael Belanger was involved in a car accident and obtained a judgment against the other driver for an amount exceeding her insurance policy limits. He later sued the driver’s insurance company (GEICO) for bad faith failure to settle within policy limits. Belanger was represented by the same attorneys in both cases.

GEICO successfully argued in federal court that Belanger’s bad faith claim had prescribed (or expired due to the statute of limitations) because it was subject to a one-year prescriptive period for delictual (tort) actions. Belanger then sued his attorneys for legal malpractice, claiming they failed to argue that a ten-year prescriptive period for contractual actions applied.

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pexels-pixabay-261621-1024x768Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the importance of carefully considering settlement agreements in workers’ compensation claims.

Benny Hernandez was injured at work in 2014. He initially filed a workers’ compensation claim, represented by an attorney, and reached a settlement with his employer and its insurer. The settlement was approved by a workers’ compensation judge, and Hernandez’s claim was dismissed with prejudice.

However, a year later, Hernandez filed another claim related to the same injury. His employer and insurer responded with a peremptory exception of res judicata, arguing that the matter had already been resolved. The court agreed and dismissed Hernandez’s second claim.

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pexels-pixabay-263194-1024x683In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of personal injury claims.

Courtney Queen slipped and fell on a wet floor near the elevators at Woman’s Hospital. She sued the hospital, alleging negligence. The trial court initially favored Ms. Queen, awarding her damages for her injuries. However, the Court of Appeal overturned this decision.

The Legal Standard:

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pexels-albinberlin-906982-1-1024x683In a recent decision by the United States Court of Appeals for the Fifth Circuit, McGill C. Parfait v. Director, Office of Workers’ Compensation Programs, et al., a worker’s claim for disability benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) was dismissed due to his failure to notify his employer of a third-party settlement. This case serves as a critical reminder of the importance of adhering to the notice requirements under the LHWCA to protect one’s right to compensation.

McGill C. Parfait, an employee of Performance Energy Services, L.L.C., sustained back and chest injuries in a work-related accident. He filed a claim for disability benefits under the LHWCA, which was partially granted for his chest injury but denied for his back injury. Parfait appealed this decision.

Simultaneously, Parfait pursued a third-party tort action against Apache Corporation and Wood Group PSN, Inc., related to the same accident. He settled with Apache for $325,000 and obtained a judgment against Wood Group for $41,542.17.

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