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pexels-pixabay-209112-1024x598Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.

Dewayne Montgomery, our tenant-turned-plaintiff, found himself in this exact predicament. He sued his landlord, Garry Lewis, claiming the apartment was riddled with mold and rat droppings, causing him various health issues. Montgomery alleged negligence, breach of contract, and even emotional distress as a result of his claimed paltry living conditions.

Lewis denied responsibility, arguing Montgomery couldn’t prove the mold caused his health problems or that Lewis knew about any pre-existing issues.

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pexels-kelly-1179532-2898199-1024x575Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand? The Louisiana First Circuit Court of Appeal recently addressed this question when a worker was injured by an overhead power line. 

Brendan Sharp was employed by RedIron Construction, a Legacy Construction Services subcontractor. Legacy had been hired by Cummins Mid-South Diesel in Morgan City to construct a building, and Legacy brought RedIron in to install metal siding on the structure’s exterior. Sharp’s injury occurred when he touched one of the metal siding panels to a live overhead power line owned by Morgan City.

Sharp sued for damages, naming only Morgan City as a defendant. Morgan City then filed a third-party demand against both Legacy and RedIron, arguing that Morgan City itself was not liable for any damages due to Legacy’s and RedIron’s failure to comply with Louisiana’s Overhead Power Line Safety Act (OPLSA). La. R.S. 45:141. RedIron and Legacy then filed motions for summary judgment, contending that they were, in fact, in compliance with OPLSA.

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pexels-jonathanborba-3279197-683x1024Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 

Steven Richardson began to experience excruciating lower back pain in August 2012 while visiting his daughter in Farmerville, Louisiana. Richardson was taken by ambulance to the emergency room at Christus Health Northern Louisiana Hospital (“Christus Health”). Richardson was treated by Dr. James W. Cotter, III, a specialist in emergency medicine.

Richardson told Dr. Cotter that he was experiencing severe lower back pain, had received a steroid injection from his son-in-law (an eye doctor), and had been taking prescription pain medication. Dr. Cotter ordered lab work for a complete blood count, and Dr. Mark Kraemer, who consulted on Richardson’s case, ordered an MRI. The blood test showed that Richardson had an elevated white blood cell count.

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pexels-george-milton-6953868-683x1024Today, in the age of ever-prevalent social media, it is easier than ever to express opinions about events and even other people.  It is also easier for people to find one another’s statements, even if the people involved don’t know one another.  Statements about emotionally charged events can harm a person’s reputation, social standard, or self-worth.  The courts must balance free speech and private citizens’ protection.  The Louisiana First Circuit Court of Appeal recently considered such a situation.  

In 2015, St. Tammany Parish resident Kacie Breen shot her husband, Dr. Wayne Breen, and killed him, claiming self-defense.   The resulting investigation resulted in no prosecution or even arrest.  The case was documented closely in the media, and several online discussion groups proliferated.  Some posts in these groups suggested a murderous intent on behalf of Mrs. Breen.  

In January of 2016, she filed a lawsuit against some of the individuals who made such posts, claiming defamation.  Several defendants filed a special motion to strike the claim, claiming that they were expressions of opinion and that the lawsuit would violate their rights to free speech.  In regards to two of the involved parties, the Twenty-Second Judicial District Court for the Parish of St. Tammany granted the motion to strike.  Mrs. Breen appealed this decision.

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pexels-bruno-makori-774974101-25961335-683x1024When an employee suffers a work injury, it may result in negative consequences for the employee’s health. While Louisiana’s workers’ compensation laws allow the employee to recover damages for these future health complications, this has its limits. The employee must prove that this future negative consequence was related to the initial injury at work. This ensures that employees who are rightfully harmed are compensated while also protecting businesses from having to pay for every future medical problem the employee has.

Kym Hurst was a physical therapy assistant for Cirrus Allied in Lafayette, Louisiana. Ms. Hurst had a history of back problems, which she had previously sought treatment for. On January 6, 2010, Ms. Hurst injured her back while helping one of her patients.

Ms. Hurst sought workers’ compensation benefits from her employer and its insurer, Ullico Insurance Company. She was eventually awarded a lump sum of over $46,000 and weekly indemnity benefits. By February 2013, Ullico had stopped paying benefits and had ultimately been declared insolvent. Kentucky Insurance Guaranty Association (“KIGA”) took over for Ullico after the insolvency.

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pexels-sora-shimazaki-5668772-1024x655Every doctor places great value on their professional reputation in the medical world. This is because a doctor’s reputation is one of the primary ways a community judges the doctor’s standard of care. When this reputation is wrongly called into question, a doctor may want to use legal avenues to clear their name. A Parish of Tammany doctor found their reputation challenged and decided to fight back with their own counter-lawsuit to establish that he was not responsible for a woman’s death after his treatment.  

Elaine Bonano went to the emergency room and was seen by Dr. Richard Jeansonne. Dr. Jeansonne assessed her symptoms and diagnosed her with a urinary tract infection (UTI). She was ordered to take oral medication to treat the infection and had a short stay at the hospital. Less than two days later, Mrs. Bonano returned to the emergency room and was seen by another doctor at the hospital. The doctor changed the diagnosis from a UTI to a kidney infection.

Eventually, Mrs. Bonano passed away, and her husband pursued a negligence claim through a medical review panel (MRP). The claim was based on the initial misdiagnosis and his view that the improper diagnosis was the beginning of the end for his wife. The MRP met and unanimously agreed that Dr. Jeansonne’s medical treatment of Mrs. Bonano was proper.

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pexels-element5-1125131-684x1024Relationships between employees and employers can sour quickly when employees commit negligence during their duties.  In some cases, the innocent party can seek compensation from the employer for damages caused by the employee.  But what if the party causing harm is not really an employee but an independent contractor?  And what if the roles are not entirely clear? A recent injury case out of Denham Springs addressed those questions. 

In May 2012, Irby Burleigh was descending from an attic in a home that he would possibly lease when the ladder detached from the ceiling while Mr. Burleigh was on it. He fell and sustained injuries because of this faulty ladder.

D.R. Horton, Inc. – Gulf Coast (“Horton”) was the general contractor that constructed the home. Mr. Burleigh filed a lawsuit against Horton, claiming that the ladder was not properly installed and that Horton’s negligence was the cause of the accident.

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car_accident_accident_dig-1024x775After being involved in a motor vehicle accident, you will likely be left with various damages, including medical injuries. Although you may assume insurance will cover all of your injuries and related damages, this is not always the case. The following Ouachita Parish case demonstrates the importance of understanding your policies and legal rights when it comes to motor vehicle insurance claims and of hiring an experienced attorney if you are left unsure of these rights.  

Alcender Williams, Jr. was injured while crossing an intersection and being hit by a motor vehicle. Williams subsequently filed a claim to the insurance company of the vehicle’s owner, Sharon Davis, where he and the company, Progressive Security Insurance (hereinafter referred to as Progressive), agreed to a settlement amount; Williams, however, resided with his mother, Bernadene Hubbard, at the time of the motor vehicle accident, and reserved his rights under her uninsured/underinsured motorist insurer Affirmative Casualty Insurance Company (hereinafter referred to as Affirmative). He then filed a claim asserting the limits of the Progressive policy was not enough to compensate him for his various damages. Williams’ claim was then rejected by Affirmative, who argued he was not included as a driver under the policy.  

Williams then filed a lawsuit against Affirmative, where the trial and appeal courts found in favor of his claims for coverage. Affirmative was subsequently declared insolvent and, as a result, Louisiana Insurance Guaranty Association (hereinafter referred to as LIGA) took over the discharge of its obligation with regard to claims as provided by law. 

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police_car_police_chase-1024x576There are many instances when an employer may be held liable for the actions of their employees, even when the former was completely uninvolved in the tort, or wrongdoing. This scenario is referred to as vicarious liability. The court must take several factors into consideration when dealing with a vicarious liability action, as evidenced by a Caddo Parish case involving a Sheriff and his Deputy.  

In an effort to arrest Damien Pea, who had multiple outstanding warrants, the Caddo Parish Sheriff’s Department and the Shreveport Police Department put together an operation performed by members of a joint task force, referred to as Street Level Interdiction Unit (henceforth called SLIU). SLIU then requested the help of Pea’s girlfriend, Teketia Pipkins, who was told to bring Pea to a gas station and then exit her vehicle.  

On the day the operation took place, Pipkins drove Pea to the gas station and left her vehicle, as instructed, although she did not remove the keys from the ignition. Pea, who was in the passenger seat, subsequently moved to the driver’s seat and drove away. A high-speed chase between Pea and law enforcement commenced. 

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us_navy_021209_n_6-1024x672Countless people are at risk of being in a car accident every day. Imagine you are on your usual morning commute to work, but suddenly someone rear-ends you causing injuries that change your life forever. You deserve to be compensated as much as you can to restore yourself to the state you were in before the accident. However, what happens when the defendants appeal the amount of damages you are supposed to receive?

On December 9, 2013, a traffic accident occurred when the automobile operated by the defendant, Justin Wascom, Jr., owned by his employer, Clean Water Opportunities, Inc. (“Clean Water”), and insured by Hallmark Specialty Insurance Company (“Hallmark Insurance”), rear-ended the automobile operated by the plaintiff, Evette Neal. Mr. Wascom was driving the automobile when he rear-ended Ms. Neal’s vehicle. Her vehicle hit the side concrete wall, left the roadway, flipped over, hit a tree, and finally stopped in a canal. Ms. Neal filed suit against Mr. Wascom, Clean Water, and Hallmark Insurance, seeking damages for injuries to her neck, back, shoulders, legs, chest, sternoclavicular (“SC”) joint, collarbone, hands, and fingers allegedly sustained as a result of the accident. 

On March 15, 2016, a trial was conducted as to the issue of damages. At trial, the parties stipulated to liability and insurance coverage. On April 1, 2016, Ms. Neal was awarded various amounts for general damages, medical expenses, future medical expenses for continued operations, lost wages, and all costs of the proceedings. However, Mr. Wascom and Hallmark Insurance appealed stating there was an error as to the amount of general damages awarded to the plaintiff. The defendants argued that the trial court abused its discretion in awarding $700,000 to Ms. Neal for her injuries. These injuries included a partially dislocated SC joint, a strained shoulder, a strained neck, and a strained back. However, the defendants assert that Ms. Neal already had neck and shoulder injuries prior to the accident and they were only made worse by the accident. The defendants also asserted that she only missed one month of work and she now has full range of motion in her shoulder and arm. 

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