Legal Definitions

What is Wrongful Termination Back Pay and Exceptional Pay in Louisiana Civil Service Matter?

Published on: March 15, 2023 | By Berniard Law Firm

calculator_calculation_insurance_1044172-scaled If you were wrongfully terminated from a civil service position within your local government, you might be eligible to receive some compensation for your trouble. For example, say you are placed on suspension and are on track to be terminated. However, you later appeal that decision, and your suspension and termination are lifted. As a result, you may be allowed to reclaim back pay and exceptional pay for the time you were prohibited from working. The following case out of Plaquemines parish discusses the issues of back pay and exceptional pay and how they apply within a court proceeding.

Loukisha A. Daisy applied for the position of Chief Internal Auditor at the Plaquemines Parish Government (PPG). Daisy was accepted on the condition that she complete all required courses and possess a CPA within one year of her hire date. Daisy worked for PPG for one year but did not obtain her CPA certification within that timeline. PPG moved to terminate her employment for this failure as well as two other non-critical mistakes on her part. Daisy was suspended until she had a predetermination hearing. After the suspension, Daisy was terminated.

Daisy appealed her termination to the Plaquemines Parish Civil Service Commission. The Commission reinstated her to her previous position but failed to award all of the back pay she sought in her initial appeal. Therefore, she appealed the Commission’s decision to the Louisiana Fourth Circuit court of appeals.

When Can I File a Tort Lawsuit against my Employer if I am Hurt at Work in Louisiana?

Published on: March 14, 2023 | By Berniard Law Firm

forklift_machine_crane_1645850-scaled Workers’ compensation is a financial support system that may be available to injured employees. It aims to ensure employees are compensated for their injuries and do not bear the entire expenses of medical bills. Workers’ compensation laws differ from state to state. Still, the general idea is that employees can get benefits regardless of who was at fault for the injury so long as the injury arose from an act during employment.

While workers’ compensation provides employees a safety net, not all claims fall under the statutory regime. Sometimes plaintiffs, like David Lindsay, believe that their injury might result from an intentional act by their employer, which could allow for a more significant damage award. Those workers will try to file their workplace accidents as intentional tort claims. The following case from the First Circuit in Louisiana discusses how employees try to recover damages outside of Workers’ Compensation benefits for their injuries on the job. It also helps answer the question, when can I file a tort claim against my employer if I am hurt at work in Louisiana?

David Lindsay was an employee at Packaging Corporation of America (PCA), where he operated forklifts as part of his duties. He suffered severe injuries when the forklift he was driving slipped and fell off a loading dock. This accident lodged his left forearm between a railcar and the safety cage on the forklift.

Louisiana Appellate Court Affirms Dismissal of Age and Disability Discrimination Claims

Published on: March 13, 2023 | By Berniard Law Firm

school_book_know_read-scaled If you feel you have been wrongfully terminated, you might think it is sufficient to file a lawsuit accusing your former employer of violating the law. However, merely making legal accusations is insufficient. To survive a motion to dismiss, you must include sufficient factual details to support your claims against your former employer. The case shown below demonstrates these principles.

Melissa Durham worked as a science teacher at Gonzalez Medically School. After she had worked there for about six months, the principal recommended firing Durham because of her unsatisfactory teaching performance, inability to manage her classroom, and repeated disregard for school policies. The Ascension Parish School Board superintendent agreed and fired Durham.

Durham filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) asserting that the school board discriminated against her because of her age and mental disability and failed to reasonably accommodate her concerning the purportedly extremely disruptive and violent students. The EEOC gave Durham notice of a right to sue.

When a Defendant is Dismissed Before the Trial, Can Another Defendant Appeal the Decision?

Published on: March 12, 2023 | By Berniard Law Firm

motorcycle_motorcycle_689316-scaled When finding yourself as a defendant in a lawsuit, you will want to limit your liability as much as possible. Your liability could be altered when a co-defendant is found to be at fault for the injuries to a certain extent. However, when one defendant is dismissed before the trial begins, can another defendant seeking to split the fault appeal the decision? A case arising out of St. Charles Parish aims to answer this question.

Devyn Allen, the defendant, was driving westbound on U.S. Highway 90 when he moved from the westbound lane into the center turn lane. When riding his motorcycle, the plaintiff, Tobias Dixon, hit the back of Allen’s car. Dixon was thrown from his motorcycle upon impact and landed on the pavement. While still on the pavement, Dixon alleged that Patrick Jackson, the co-defendant, ran Dixon over in his pickup truck. Dixon then sued Allen; Progressive Insurance Company, Allen’s insurer; Jackson; Command Construction Industries, Jackson’s employer; the Gray Insurance Company, Command’s insurer; Louisiana Pizza Group (LPG), Allen’s employer; and Tudor Insurance Company, LPG’s insurer.

Jackson, Command Construction, and the Gray Insurance Company then filed a motion for summary judgment, which asks the court to decide based on the arguments filed in favor of the filing party. Jackson argued that there was no evidence that he hit Dixon while lying on the pavement. The trial court agreed with Jackson and granted the motion. Following the decision, LPG appealed the decision arguing that there was a genuine issue of fact as to whether Jackson hit Dixon and that Jackson should also be held liable for Dixon’s injuries.

Can the Louisiana Department of Transportation Be Found Liable for a Car Accident?

Published on: March 11, 2023 | By Berniard Law Firm

transportation_vehicle_road_879026-scaled Driving poses undeniable risks. However, travelers may need to consider how unsafe a barrier curb may be in certain situations. When is the state liable for these conditions? A case from the St. John Baptist parish considered how the state department of development and transportation was at fault for construction risks that contributed to an accident.

One afternoon, James Harris drove along the Airline Highway in Louisiana with his wife and their two grandchildren. As Harris traveled southbound, another northbound driver, Marilyn (MB), began driving erratically. MB’s car eventually drifted into the opposite side of traffic after crossing over a barrier curb on the highway. Harris moved onto the right-hand shoulder of the road to avoid MB. Unfortunately, despite his efforts to prevent a collision, MB’s vehicle crashed into Harris’, and he injured his left leg, foot, and hip. Ultimately, Harris’ left leg was amputated eight inches below the knee, and MB died from the accident.

Harris sued the Louisiana Department of Transportation and Development (DOTD) for failing to have a jersey curb that would have prevented MB’s car from drifting into the opposite side of traffic. In addition, he sued Progressive Security Insurance Company, MB, MB’s insurance provider. The trial court found the DOTD to be 90% at fault and Ms. MB to be 10% at fault for the accident, and the jury ultimately awarded Harris $5,000,000 in general damages and $1,000,000 for loss of enjoyment of life. On appeal, the DOTD argued that the trial court abused its discretion in finding the DOTD liable and in the number of damages awarded to Harris.

Are You Required to Plead the Word “Conspiracy” in Louisiana For Solidary Liability?

Published on: March 9, 2023 | By Berniard Law Firm

law_books_legal_books-scaled In Louisiana, a conspiracy is a combination of two or more persons to do something unlawful, either as a means or as an ultimate end. Once a conspiracy has been established, an act done by one in the furtherance of the unlawful act is, by law, the act of all others involved in the conspiracy.

If proven, a conspiracy can allow for solidary liability among all of the co-conspirators for the damage caused. Solidary liability means that each responsible party is independently liable for the entire obligation, responsibility, or debt to the party who was harmed by any one of them. Everett Curole’ lawsuit after an assault and battery at his home, shows the power of the legal system to hold parties accountable for their nefarious acts.

In the early morning of December 31, 2002, Bonnie Delcambre, Quinn Delcambre, Glenn Gadrow, Tricia Menard, Rory Delcambre, Lori Toups, and Rayford Champagne arrived at the at the home of Everett and Charlene Curole. Bonnie kicked in the front door and everyone else followed her into the home. Bonnie woke Mrs. Carole to confront her and Rory, Quinn, and Glenn severely beat Mr. Carole. During the beating, the others punched holes in the walls. The assailants then fled the scene,, and Mrs. Curole called 911.

Angola Prisoner Denied Requested Shoulder Surgery After Review of Medical Records

Published on: March 8, 2023 | By Berniard Law Firm

rodeo_cowboy_bull_riding Rick Sheppard, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, injured his left shoulder two separate times while participating in the Angola Prison Rodeo. After seeing two specialists, Sheppard maintained that the medication and physical therapy regimen he had been following was ineffective. When Sheppard filed an administrative petition, he requested reparative surgery, treatment by a chiropractor, injections into the shoulder, blood testing to determine the effects of his medication, related medical records, and reimbursement of all costs.

In a two-step response, DPSC first stated that Sheppard’s request for proper medical attention had been granted since he had improved after receiving injections and physical therapy for his shoulder. In the second response, they asserted that Sheppard’s past treatment and ongoing care plan were adequate, and no further investigation into his claim would occur.

Under Louisiana law, all civil and criminal actions arising out of the incarceration of state prisoners are heard by a commissioner. This commissioner makes recommendations for the disposition of a case, which are submitted to a district judge. The district judge then accepts, modifies, or rejects the recommendation. La. R.S. l3:713(C)(l), (2), & (5)

Medical Malpractice Lawsuit Tossed Due to Louisiana’s Prescriptive Period

Published on: March 7, 2023 | By Berniard Law Firm

hourglass_time_hours_sand-scaled A man is in the hands of a facility tasked with providing sufficient medical care. Instead of meeting this standard of care and due diligence, the facility fails to adjust the man’s diet, and he chokes on solid food that he should not eat, leading to his death. When his parents and children bring multiple complaints of medical malpractice, his children’s claim gets dismissed despite the apparent negligence of the facility. Why did that happen?

Joseph Triggs was this very man. While in the care of the Audubon Health and Rehabilitation Center (“Audubon”), Mr. Triggs choked on solid food and died in January 2013. A medical malpractice claim naming Mr. Triggs as the plaintiff was brought eight months after his death, alleging that the facility’s failure to adjust Mr. Triggs’s diet led to his death. Aubudon did not adjust his diet despite difficulty chewing and swallowing solid food.

As is the process for medical malpractice in Louisiana, the complaint requested that a medical review panel assess the situation. Nearly twenty-two months after Mr. Triggs passed, a request was made to amend the complaint, adding Mr. Triggs’s children as claimants, along with the decedent’s Estate. Finally, over two-and-a-half years after Mr. Triggs died, the medical review panel unanimously decided that Audubon had been negligent in caring for Mr. Triggs, and Mr. Triggs’s children and Estate filed a lawsuit in the trial court on a claim of medical malpractice.

Louisiana Engineering Company Not Liable for Trampled Worker in Geismar Plant Explosion

Published on: March 5, 2023 | By Berniard Law Firm

fire_explosion_danger_hot-scaled A chemical plant explosion, sudden and dangerous, causes chaos when the workers try to escape. During that exodus, a worker is trampled by his colleagues as they attempt to flee. Who then bears responsibility for the injuries caused by this trampling? Is it the other workers? Is it their managing company? Is it the owner of the chemical plant?

Just outside Geismar, Louisiana, multiple injuries resulted from a chemical explosion at the William Olefins plant. As a result, the numerous injured parties filed lawsuits against several defendants for those injuries. The defending parties included the Chicago Bridge and Iron Company collective (“CB&I”). One of the plaintiffs was Ken Haydel, whom CB&I had hired to work in the Olefins plant. Haydel alleged that he was pushed down and trampled by other CB&I workers following the explosion and that CB&I is responsible for the “intentional acts” committed by their employees within the scope of their employment.

A hearing occurred at the trial court on CB&I’s motion for summary judgment. CB&I sought to evade specific legal claims Haydel made before trial. The trial court granted CB&I’s motion for summary judgment, and Haydel appealed the trial court decision.

Where There’s Smoke, There’s a Lawsuit: Determining Liability for a Car Accident Resulting from a Marsh Fire

Published on: March 4, 2023 | By Berniard Law Firm

camillo_fire_2015_06_25-scaled
The phrase, “where there’s smoke, there’s fire,” is often used to describe situations where one thing almost certainly indicates the presence of another. However, establishing a contributing factor to a car accident and liability for negligence does not always follow so direct a relationship.

Shortly before Tropical Storm Lee reached the marshlands of Oak Island just outside of New Orleans in September 2011, an employee of the LPC (“Little Pine”), the entity that owns Oak Island, saw traces of smoke and reported it to the Fire Department (NOFD). NOFD investigated the scene and found a fire, but the area from which the smoke was coming was not accessible to fire crews. The onset of Tropical Storm Lee made it even more difficult for NOFD, which had called in the Louisiana Army National Guard — to reach the source of the smoke. Helicopter water drops were used to treat the fire, but access by boat or other means remained impossible. The fire continued to burn for months under the daily monitoring of NOFD.

On the morning of December 29, 2011, drivers traveling on Interstate 10 past the Oak Island marshlands suddenly encountered thick, dense fog and smoke clouds, resulting in nearly zero visibility. Scott Lowe, a passenger in one of the vehicles traveling on I-10, was involved in a multi-car accident caused by poor visibility conditions. Lowe filed a lawsuit against Little Pine, arguing that it acted negligently by allowing the marsh fire to burn for months after it began, allowing smoke to obstruct visibility along a major roadway, and failing to exercise due care regarding the safety of others. Little Pine filed a motion for summary judgment, arguing that there was no genuine issue of material fact about whether Little Pine was liable for an “unavoidable Act of God/force majeure.” In addition, Little Pine asserted it owed no duty to Lowe to extinguish the marsh fire. The trial court granted Little Pine’s motion for summary judgment, and Lowe appealed.