Legal Definitions

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

Published on: September 16, 2024 | By Berniard Law Firm

pexels-fotios-photos-1909015-scaled A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

Published on: September 15, 2024 | By Berniard Law Firm

pexels-sora-shimazaki-5668772-1-scaled In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.

Matthew Hillman filed a lawsuit against Corey Seneca after being attacked without provocation. Mr. Seneca failed to respond to the lawsuit, leading to a default judgment in favor of Mr. Hillman. During the confirmation hearing for the default judgment, Mr. Hillman provided evidence of his injuries, which included a lacerated lip requiring fifteen stitches, fractured teeth, and the inability to eat solid food for two months. He also testified about his pain and suffering and loss of income due to the attack.

The trial court awarded Mr. Hillman special damages of $2,894.19 for lost wages, past medical expenses, and future dental treatment. However, it granted only $2,500 in general damages for pain and suffering. Mr. Hillman appealed the judgment, arguing that the general damages award was insufficient.

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

Published on: September 9, 2024 | By Berniard Law Firm

pexels-ganajp-18021337-scaled A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable.

Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related accident in 2011. He underwent multiple surgeries, including a total knee replacement. Subsequently, he experienced instability in his right knee, leading to falls and injuries to his left knee, left shoulder, right hip, and lower back.

Critical Issues in the Case:

Procedural Hurdle Stalls Hotel Guest Lawsuit Appeal in Louisiana

Published on: September 8, 2024 | By Berniard Law Firm

pexels-pixabay-164595-scaled In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment.

In 2014, a group of hotel guests filed a lawsuit against the Bourbon Orleans Hotel, alleging they were victims of a robbery and assault in their room. They claimed the hotel failed to provide adequate security. The hotel sought summary judgment, arguing the plaintiffs lacked evidence to support their claims. The district court granted the hotel’s motion.

The plaintiffs appealed the district court’s ruling. However, the Court of Appeal dismissed their appeal without prejudice, focusing on the wording of the district court’s judgment. The judgment lacked specific “decretal language,” clearly stating the parties involved, the ruling, and the relief granted or denied.

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

Published on: September 7, 2024 | By Berniard Law Firm

girl-with-red-hat-oaKGY3tYVvw-unsplash-scaled In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.

The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.

The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

Published on: September 4, 2024 | By Berniard Law Firm

pexels-pixabay-356040-1-scaled A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of the hospital, but the Court of Appeal reversed this decision, highlighting the necessity of expert evidence to resolve complex medical malpractice claims.

Lori Mariakis presented to the emergency department at North Oaks Hospital with severe abdominal and vaginal pain. She was diagnosed with a colitis flare-up and discharged. Five days later, she returned with worsening symptoms and was diagnosed with constipation. However, her condition deteriorated, and she was admitted to another hospital, where she tragically passed away.

Her sons sued North Oaks Health System, alleging that the hospital’s negligence in diagnosing and treating their mother led to her death. The medical review panel initially found no evidence of malpractice. However, the plaintiffs presented an expert witness, Dr. Robert V. West, who opined that the care provided by North Oaks fell below the applicable medical standard of care and caused Ms. Mariakis’s death.

Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines

Published on: September 3, 2024 | By Berniard Law Firm

pexels-yury-kim-181374-585419-scaled In the realm of workers’ compensation, ensuring injured employees receive necessary medical treatment can sometimes be a battle. A recent Louisiana Court of Appeal decision, Deubler v. Bogalusa City Schools, highlights the complexities surrounding the Louisiana Medical Treatment Guidelines and the process of obtaining authorization for treatment. This case serves as a reminder of the importance of adhering to these guidelines while also recognizing the need for flexibility when circumstances warrant it.

Irvin Deubler, an employee of Bogalusa City Schools (BCS), suffered a lower back injury at work. He was receiving workers’ compensation benefits and sought treatment from Dr. Flagg for his chronic pain. Dr. Flagg recommended an MRI and a psychological evaluation to determine if Deubler was a candidate for a spinal cord stimulator (SCS) trial, a potential treatment option for his pain.

BCS’s insurer, LUBA Casualty Insurance Company, denied these requests, prompting Dr. Flagg to appeal to the Office of Workers’ Compensation (OWC). The OWC’s associate medical director approved the requests, but LUBA and BCS further appealed to the OWC judge.

Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

Published on: September 2, 2024 | By Berniard Law Firm

pexels-aleksandr-neplokhov-486399-1230677-scaled A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld a modest damage award, emphasizing the plaintiff’s burden to prove a direct causal link between the accident and the claimed injuries.

Douglas Pourciau was rear-ended by Dennis Melville at an intersection in Baton Rouge. While the accident was minor, Pourciau claimed it aggravated his pre-existing back and neck pain. He sued Melville and his insurer, State Farm, for damages.

The trial court found Melville partially at fault but awarded Pourciau only a modest amount in general damages, citing the lack of evidence linking his ongoing pain to the accident. Pourciau appealed, seeking a higher award and additional damages for future medical expenses and loss of use of his vehicle.

Title: Louisiana Court Upholds Earlier Will in Succession Dispute: The Importance of Proper Will Execution

Published on: September 1, 2024 | By Berniard Law Firm

pexels-pixabay-415767-scaled In a recent case, the Louisiana Court of Appeal emphasized the importance of adhering to the strict formalities required to execute a valid will. The case, In the Matter of the Succession of Sandra Gabor Dale, involved a dispute between siblings over their mother’s estate after a later will was deemed invalid due to improper execution.

Sandra Gabor Dale passed away, leaving behind three children: Felicia, Christopher, and Michael. Felicia, named as the sole heir in a 2014 will, was granted possession of the entire estate. However, Christopher and Michael later contested this, presenting a 2016 will that divided the estate equally among the three siblings.

The dispute centered on the validity of the 2016 will. The trial court found it to be “absolutely null” due to non-compliance with the formalities required for a notarial testament under Louisiana law. The brothers appealed this decision.

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

Published on: August 31, 2024 | By Berniard Law Firm

pexels-markusspiske-97047-scaled A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While the injury was unfortunate, the court ultimately sided with the hotel, highlighting the necessity of establishing the property owner’s knowledge of the hazard.

Casey Krueger and his family were staying at a La Quinta Inn & Suites in Baton Rouge when he cut his foot on broken glass in the pool. Although the jury acknowledged there was a defect on the premises, they found the hotel not liable because they didn’t have actual or constructive knowledge of the hazard.

Krueger appealed, arguing that the hotel should have known about the broken glass and that the doctrine of “res ipsa loquitur” should apply, allowing negligence to be inferred from the circumstances of the injury.