Articles Tagged with res judicata

pexels-pixabay-159832-1024x683In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights the complexities of release agreements and the importance of considering the parties’ intent.

Case Background:

Tonyel Singleton was involved in a car accident and subsequently settled with the at-fault driver’s insurance company, State Farm, for their policy limits. The release agreement she signed included broad language releasing “all other persons, firms or corporations liable or, who might be claimed to be liable” from any claims related to the accident.

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.

pexels-phenyo-deluxe-427483-1486188-1024x683In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer, State Farm, followed by a separate personal injury lawsuit. The defendants tried to dismiss the second suit based on the doctrine of res judicata, but the Court of Appeal overturned the trial court’s decision, emphasizing the distinct nature of the two claims.

In 2015, Joy Wicker was involved in a car accident with Cathy Craddock. State Farm, Wicker’s insurer, filed a lawsuit in City Court against Craddock and her insurer, Louisiana Farm Bureau, seeking reimbursement for property damage, rental car payments, and medical payments made to Wicker.

Subsequently, Wicker filed a separate lawsuit in the 19th Judicial District Court, seeking damages for her personal injuries from the same accident.

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