hospital-1236398-1024x915Imagine that your mother, a friend, or someone else you love dearly suffers from numerous health problems. In a terrible twist of fate, your loved one falls, worsening their current condition and making life more painful and difficult than it already is. To top it all off, what would already be considered a trying process is exacerbated because you feel like the doctors who are caring for your loved one aren’t listening to your input or concerns. After many visits to the emergency room and overnight hospital stays, your loved one passes away. Despite the health conditions before the fall, you feel like something wrong occurred during your loved one’s treatment and someone should be held responsible. This was exactly the scenario for the loved ones of Ms. Mary LeBoeuf. Five individuals, including her son and long-time partner, filed a lawsuit against her doctor, the hospital, and the orthopedic clinic on her behalf.

Ms. Mary LeBoeuf was a sixty-five-year-old woman who suffered from many health conditions including diabetes mellitus, peripheral vascular disease, cardiomyopathy, coronary artery disease, atrial fibrillation, end-stage renal failures, osteopenia, hypertension, and chronic obstructive pulmonary disease. Despite her poor health, Ms. LeBoeuf continued to smoke one to two packs of cigarettes a day.

On October 11, 2008, Ms. LeBoeuf fell and fractured her leg, but because of her preexisting health conditions, surgery was not an option. Dr. Casey, the orthopedic surgeon treating Ms. LeBoeuf, determined a cast would be the best treatment option for her. Nine days after she was released from the hospital, Ms. LeBoeuf returned with purple toes and a blister on her left foot. Her family was insistent on the cast being permanently removed. Dr. LaSalle, a fellow orthopedic surgeon, removed the cast to examine the area for more blisters, took more x-rays, and reapplied a new cast of which her family disapproved.

horse-at-fence-1344364-1024x681Imagine going for a horseback ride to clear your head and take a time-out from the hectic everyday happenings of life. Now imagine that the relaxing ride comes abruptly to an end when both you and the horse are involved in a collision with an automobile. A similar situation occurred on Hano Road in Tangipahoa Parish, Louisiana when Taresa Graves and her horse were hit by a car driven by Andre Freeman. Aside from the injuries suffered during the accident, the real headache began for Ms. Graves once the trial began out of a lawsuit she filed against both Mr. Freeman and Safeway Insurance of Louisiana, the company having previously insured the car that Mr. Freeman was driving.

The trial court in Ms. Graves’ case determined that, because the car was not owned by Freeman and had not been insured by Safeway for years, Safeway was not liable for the damages that occurred as a result of the accident. Ms. Graves argued that although Safeway had not insured the car, the company was still liable to pay for the damage of the accident because Elaine Jackson (Freeman’s mother), had a separate policy which covered her as well as her relatives, with relatives being defined in the policy as a related person that lives on the same premises. Graves alleged that Freeman lived with his mother and was therefore under her Safeway policy, making Safeway partially liable.

During discovery, depositions of both Andre Freeman and his mother Ms. Jackson were taken. The crux of the legal issue, in this case, is that, on the day of the trial, neither Freeman nor Jackson appeared at the courtroom, despite having been subpoenaed by Safeway. The court sent Sheriff’s deputies to locate and retrieve Jackson and Freeman, but neither of the individuals could be found. Safeway then sought to offer the depositions as evidence in lieu of their testimony, and, over Ms. Graves’ objections, the trial court allowed the depositions to be submitted as evidence, citing the unavailability of Jackson and Freeman. The depositions stated that Freeman had not lived with his mother since he was twelve and that he had been living with elsewhere for some time. The trial court ruled that Freeman did not live with Jackson, and therefore Jackson’s policy with Safeway did not cover Freeman nor the car he was driving. Moreover, the court found Freeman 50% at fault for the accident, ruling in favor of Graves but dismissing the claim against Safeway.

claim-check-1166752-1024x766When plaintiffs sue based upon statutes, legal decisions often hinge upon how the statute is interpreted. In many cases, this can depend on how the court interprets the meaning of a single word within the statute. In order to interpret legal statutes, courts employ a process known as statutory construction. In this case the court utilized statutory construction to determine that the meaning of “claim” used in the Louisiana Revised Statutes did not apply to a final “judgment” issued by a court.

Byard Edwards Jr. sought to recover underinsured motorist (UM) benefits via his insurance policy with Louisiana Farm Bureau Mutual Insurance Company after he sustained injuries in an automobile accident. After Edwards won at trial, he began a proceeding to recover statutory penalties and attorney fees from Farm Bureau because it failed to pay the judgment from the UM case within either 30 or 60 days of the final judgment. Edwards sought these penalties and fees under La. R.S. 22:1892 and La. R.S. 22:1973. These Sections require insurers to pay out “claims” to an insured party within specified time frames. The Trial Court granted summary judgment in favor of Farm Bureau and Edwards appealed the decision.  

The issue, in this case, was whether or not the final “judgment” issued by the court constituted a “claim”, as used pursuant to the aforementioned statutes. The Court of Appeal interpreted the meaning of the term “claim” by following the rules of statutory construction. The first step the Court took was to consider the language of the statute itself. However, the word “claim” is not defined in either Section.

burning-ambulance-1398173-1024x681We’ve all been in the situation where we’re sitting at a red light or approaching an intersection and all of a sudden we hear sirens and see flashing lights. Everyone knows to stop and yield to the oncoming ambulance. Sometimes, however, a driver might not yield for whatever reason. This is exactly what happened in this case, which involves an EMT who was injured on the job while riding in an ambulance.

Two volunteer firefighters with the Washington Parish Fire Department (WPFD) responded to a call in Varnado, Louisiana. When they arrived at the scene, they found a man lying on the ground and proceeded to provide CPR until an ambulance arrived. Once the ambulance arrived, the two firefighters loaded the man into the back of the ambulance and continued to tend to him, as is customary. The Defendant in the case agreed to drive the truck.

While en route to the hospital, the ambulance was struck in the right rear by a blue Honda at the intersection of Highway 21 and La. Highway 10. The ambulance slid and collided into another vehicle. The Plaintiff, who had been sitting in the back of the ambulance without a seatbelt, sustained injuries from being thrown around due to the force of the crash.

termite-formation-1358063-1024x768Buying or selling a home is a complicated process filled with legal and practical pitfalls that can cause problems for both the buyer and seller.  One of the most important steps that a person engaged in a transaction with potential legal issues must take is to speak with a good lawyer who can navigate the process and make sure their rights and interests are protected to the fullest extent possible.  A good lawyer can also make sure that the buyer or seller understands all the implications of contractual language.  In a home sale, every word in the agreement is important and can alter the rights of everyone involved in the transaction.  One or two seemingly insignificant words can entirely change the rights and protections that a party may normally receive under the law.  The Prejeans found out the hard way. In their case, a combination of a few termites, some water, and the two little words “as is,” led to a massive headache and loss of money when they purchased a home in Houma, Louisiana.

The Prejeans entered into a purchase agreement to buy the house in Houma from John Monteiro. John’s wife acted as the realtor.  Prior to closing the sale, the Monteiros disclosed that the house had previously been infested with termites. The Prejeans had Terminex inspect the house.  Termites were found living in the house and a later home inspection found defects in the house such as a wet spot on the wall in the kitchen and standing water in the same location, among other issues.  The report prompted the Prejeans to request that Mr. Monteiro make repairs, treat the home for termites, and acquire a termite treatment plan from Terminex.  The Prejeans retained a right to inspect the house, including opening up the walls to ensure that termites and moisture were not present, before closing the sale, but chose not to exercise those rights.  Instead, the Prejeans executed an Act of Cash Sale, providing that the sale was “as is” and waiving all warranties on the property.

Following the completion of the sale, the Prejeans began renovating the home but had to halt the renovations when they found that there was extensive termite damage and infestation combined with water damage.  The Prejeans filed a lawsuit against the Monteiro estate and against Ms. Monteiro as the acting realtor. Mr. Monteiro passed away before the lawsuit was filed.

teamwork-1-1236629-1024x743Borrowed employees are workers assigned by their employer to work for companies borrowing their services on a short-term basis. Normally, employees hurt on the job may recover money in addition to worker’s compensation benefits from their employing companies. As the following case from the Louisiana First Circuit Court of Appeal demonstrates, borrowed employees can only recover worker’s compensation against companies that borrow their services.

A-Port is a shore base facility that provides crane, forklift, storage, and other services located in Grand Isle, Louisiana. At times, A-Port needs additional personnel to complete these services.

On May 23, 2011, USA General hired Willie F. Walton and assigned him to provide labor services in the Lafourche/Terrebonne Parish areas. On June 20, 2012, A-Port accepted an agreement with Original USA General Labor, LLC (USA General), where USA General agreed to provide riggers to A-Port. In the fall of 2012, USA General assigned Walton to the A-Port facility as a rigger. Walton worked at A-Port from October 20, 2012, until October 31, 2012.

records-1421202-1024x683Imagine you go to a hospital for a medical emergency such as leg weakness, back pain, and paresthesia. While you are at the hospital, you feel that you are treated harshly and unprofessionally by the physician that examines you. Later, you find out that the physician wrote insulting things about you in your consultation report, which is now a part of your permanent medical record. This situation was a reality for Ms. Michelle Conner.

Because of these unfortunate events, Ms. Conner filed a lawsuit claiming defamation, intentional infliction of emotional distress, and negligent infliction of emotional distress against Dr. Taylor, the physician, and the hospital, St. Tammany Parish (the “Hospital”). Ms. Conner later added a medical malpractice claim after a medical review panel found Dr. Taylor free of any wrongdoing.

Dr. Taylor and the Hospital filed a motion for summary judgment on Ms. Conner’s medical malpractice claim. The Trial Court granted the motion and Dr. Taylor filed another motion for summary judgment as to the claims of defamation and intentional infliction of emotional distress. Again, the Trial Court granted the motion. The Trial Court dismissed Ms. Conner’s claims of negligent infliction of emotional distress and invasion of privacy, as well. Ms. Conner appealed this second summary judgment ruling, but not the summary judgment on her claim of medical malpractice.

storm-over-barcelonetta-1463885-1024x679Automobile accidents can be terrifying experiences.  Severe automobile accidents that involve injuries can be truly devastating and life altering.  In the event one is injured in an automobile accident, he/she has several options available to him/her in obtaining compensation for his/her losses.  More specifically, one may have a claim against the other driver(s) who caused the automobile accident or have the ability to bring a claim against the other driver’s insurance company.  Depending on the circumstances of the automobile accident, one may also have the ability to bring a claim against his/her own insurance company for compensation.

An insurance company is required to act in good faith with any individual making a claim, regardless of whether he/she is a policyholder with said insurance company.  Generally, an insurance company has acted in bad faith if it fails to fulfill the obligations stipulated in the insurance policy language or if it fails to abide by the laws of the state where the claim has been filed.  Some examples of bad faith include but are not limited to: refusing to pay a claim owed; failing to timely pay a claim owed; requiring unreasonable unnecessary paperwork to process the claim filed; failing to deny a claim within a reasonable amount of time; and failing to explain the reasons(s) for why a claim is denied.  Consequently, having a great attorney who is competent in identifying bad faith can assist you pursuing a legal claim against the insurance company for its actions, while also assisting you with the original claim presented to the insurance company for the property damage and bodily injury you suffered in the automobile accident.

The following case out of East Baton Rouge, Louisiana is an example of an insurance company acting in bad faith and being legally penalized for doing so.  On May 20, 2010, the plaintiffs, Dedra and Sheddrick Griffin filed a petition for damages against State Farm Mutual Automobile Insurance Company as a result of an automobile accident that occurred on January 13, 2010.  On January 13, 2010, Jacob P. Savoy driving a 2001 Mitsubishi Spyder struck Mr. and Mrs. Griffin driving a 2000 Infiniti I30 from behind while traveling eastbound on U.S. Highway 190 in West Baton Rouge, Louisiana.  The accident caused extensive property damage and personal injuries to Mr. and Mrs. Griffin.  More specifically, Mrs. Griffin, the driver of the Infiniti sustained injuries to her shoulder, neck, and chest wall, in addition to aggravating pre-existing injuries to her neck, back, and legs, while Mr. Griffin sustained injuries to his left knee, chest wall, and back.  Mr. and Mrs. Griffin were both treated by Dr. David Wyatt, an orthopedic surgeon.  At the time of the accident, Allstate Insurance Company insured Mr. Savoy with liability limits of $10,000.00/$20,000.00, while State Farm insured Mr. and Mrs. Griffin.

crash-1181707-1024x685After someone has been through six, separate car accidents, it might be difficult to keep track of which injuries and treating physicians stemmed from which accident. Nevertheless, if you find yourself before a court you must present a detailed and accurate record of everything. The following case, in which one Baton Rouge woman claimed that the Trial Court considered the wrong evidence in deciding her case, illustrates this point.

Linda Williams has had the bad luck of being involved in six car accidents in the last 40 years. Her most recent accident, a collision on Perkins Road in East Baton Rouge Parish in 2008, was the subject of a recent Court of Appeal decision. The initial trial began in 2009 with Williams bringing a lawsuit against her insurance company, Liberty Mutual. Williams asserted that her injuries from the 2008 crash were severe enough to warrant additional money damages under her insurance policy. However, as Williams had an extraordinarily unfortunate personal history of being injured in car accidents, the Trial Court was faced with the difficult task of determining which injuries were the products of the 2008 crash and which injuries were the lingering effects of Williams’s five prior accidents. Since even a single car accident can give rise to multiple injuries with multiple courses of treatment overseen by multiple doctors, the lawyers for both sides had plenty of opportunities to argue about which doctors were connected to the 2008 accident and thus, relevant to the case at hand.

At trial, the jury awarded $14,800 in damages to Williams for past medical expenses, the past and future physical pain and suffering, the past and future mental suffering and distress, and the past and future enjoyment of life. However, Williams felt that the Trial Court made some errors that reduced the amount of damages she received and so she appealed. In her appeal, Williams alleged that the Trial Court incorrectly admitted evidence on two instances that were related to her prior accidents and also improperly allowed Liberty Mutual to remove a juror based on race. The Louisiana First Circuit Court of Appeal, referring to the Trial Court’s record and hefty body of medical evidence therein, considered these issues in turn.

workers-1542652-1024x768You may be entitled to compensation for any injury that occurs on the job. The extent of compensation depends on the extent of your injuries. See La. R.S. 23:1221. The employer and the employee often disagree on the amount of compensation. When this happens, a court of law often becomes the forum for resolution. Such was the case with an employee in Louisiana named Ta’Shanta Dupard.

In November 2013, a hammer fell on Ms. Dupard and struck her in the knee while she was working at MMR Construction. The blow resulted in a knee contusion and laceration, which left a permanent scar on her knee. Dupard filed a claim against her employer claiming that she was entitled to worker’s compensation benefits due to the serious and permanent disfigurement to her knee. The parties agreed that Dupard was entitled to compensation for her injuries, but disagreed as to exactly how much.

Ms. Dupard had a weekly salary of $1,058.62 at the time of her injury. According to Louisiana Worker’s Compensation laws, this yielded a maximum compensation rate of $619 per week. MMR believed that five weeks’ compensation was adequate for the scar, whereas Dupard’s attorneys claimed 25 weeks was the proper benchmark because the scar was a permanent disfigurement.

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