Articles Tagged with negligence

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pexels-brett-sayles-1756957-1024x683A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

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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-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-tomfisk-1692693-1024x682In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion.

Doris Stogner slipped and fell in the atrium of an Ochsner facility in 2011, allegedly sustaining injuries. She filed a lawsuit against Ochsner, claiming negligence in maintaining the premises and allowing a slippery substance to exist. Ochsner countered with a motion for summary judgment, asserting they had proper inspection procedures in place and were not liable for the actions of independent contractors.

Key Points of the Case:

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vidar-nordli-mathisen-ZZvsfoidr5g-unsplash-1024x729In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how the presence of warning signs can significantly impact a personal injury claim.

Sybil Schroeder slipped and fell in the restroom of a travel plaza, sustaining injuries. She sued the travel plaza and its insurer, claiming they were negligent in maintaining a safe environment. However, she admitted in her deposition that she had noticed two “wet floor” signs before entering the restroom.

The defendants filed a motion for summary judgment, arguing that the presence of these signs demonstrated they had exercised reasonable care. The trial court initially denied the motion, but the Court of Appeal reversed this decision.

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pexels-kartatos-10622718-683x1024In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an ambulance. While the defendant admitted fault, the extent of the plaintiffs’ injuries and the appropriate compensation became the central point of contention. The appellate court ultimately affirmed the trial court’s decision, highlighting the importance of proving causation and the impact of injuries on the plaintiffs’ lives, even with pre-existing conditions.

Two brothers, Daniel and Casey Latulippe, were rear-ended by a West Jefferson Medical Center (WJMC) ambulance while stopped in traffic. The ambulance driver admitted fault, stating he didn’t brake to avoid the collision out of concern for the patient and EMT in the back.

Both brothers, along with their wives, sued WJMC for damages. The case went to trial, focusing solely on causation and the extent of the brothers’ injuries.

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pexels-shvetsa-3845653-1024x683A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s delve into the specifics of this case and its implications for dental malpractice litigation in Louisiana.

Case Summary

Aurielle Brimmer received dental treatment at Eagle Family Dental, Inc. She subsequently developed complications that sheF attributed to the dental procedure. Believing she had suffered dental malpractice, Ms. Brimmer bypassed the medical review panel process and directly filed a lawsuit against Eagle Family Dental.

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pexels-pixabay-236380-1024x678In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores the legal complexities surrounding personal liability for corporate officers in cases of negligence. Let’s delve into the details of the case and its implications.

Facts and Procedural History

The plaintiff, Jessica Charles, attended an outpatient program at Genesis Behavioral Hospital. Tragically, she was lured off the premises by another patient, Dave Carter, Jr., and was subsequently raped and exposed to HIV. Understandably, Ms. Charles filed a lawsuit seeking damages from Mr. Carter and Genesis Behavioral Hospital, its insurer, and its officers, Will Arledge and Gretchen Karltenbach.

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money_change_penny_quarter-1024x962Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering. 

On October 1, 2009, Patricia Aguillard was driving on the interstate when she slowed her vehicle due to traffic ahead. Jeremie Gregory was driving behind Aguillard and rear-ended her vehicle. As a result of the accident, Aguillard experienced extensive physical injuries and mental health issues. As a result, Aguillard filed a lawsuit for damages for her medical issues and vehicle damage against Mr. Gregory and the owner of his vehicle, the City of Baton Rouge. 

The trial court found in favor of Aguillard after a jury trial, determining that Mr. Gregory was 100% at fault for the accident. The jury awarded her $122,751 for past medical expenses and $450,150 for future medical expenses, totaling $572,901. However, Aguillard filed a motion for a Judgment Not Withstanding the Verdict (JNOV) in response to this award, claiming that the jury erred when it failed to award her more money for future medical expenses and general damages. The court denied her claim for more in future medical expenses but granted the JNOV as to general damages. The court granted the following amounts: $350,000 for physical pain and suffering, $75,000 for mental pain and suffering, and $15,000 for loss of enjoyment of life. This brought Aguillard’s total award to $1,012,901. 

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