Louisiana Court of Appeal

September 19, 2024

eaman or Not? Court Reverses Summary Judgment in Deepwater Horizon Cleanup Worker Injury Case

pexels-eray-karatas-756165405-28428022-683x1024 In 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:

September 18, 2024

New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

by Berniard Law Firm

pexels-ekaterina-bolovtsova-6077447-1024x683 In 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

September 17, 2024

Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit

by Berniard Law Firm

pexels-bentonphotocinema-1095602-1024x683 In 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.

September 16, 2024

No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case

by Berniard Law Firm

pexels-ono-kosuki-5999944-1024x683 In 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.

September 14, 2024

Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case

by Berniard Law Firm

pexels-pixabay-269630-1-1024x683 In 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.