Articles Posted in Legal Definitions

pexels-cottonbro-4098224-scaledIn a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving spousal abuse.

In Hoddinott v. Hoddinott, the plaintiff (wife) filed a tort lawsuit against her ex-husband seeking damages for intentional infliction of emotional distress stemming from alleged domestic abuse during their marriage. The defendant (husband) argued that the wife’s claims were barred by res judicata, as they should have been raised during the divorce proceedings. The trial court initially agreed and dismissed the wife’s lawsuit. However, the Court of Appeal reversed this decision.

The Court of Appeal focused on two key points:

pexels-pixabay-269630-scaledThe Louisiana Court of Appeal recently reversed a decision of the Civil Service Commission (CSC) that upheld the termination of a public employee for gambling while off-duty. The case involving Carnell Collier, a Quality Assurance and Safety Inspector for the Sewerage and Water Board of New Orleans (S&WB), highlights the complexities of disciplinary actions for off-duty conduct, particularly when the conduct occurs on company property.

Mr. Collier was fired after being caught gambling at a retirement party held on S&WB property. While the CSC initially upheld his termination, the Court of Appeal disagreed, finding that the punishment was too severe for the offense.

Key Points of the Ruling:

pexels-brett-sayles-1000740-scaledA recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges in establishing liability against a coroner for the disposition of remains.

In this case, the parents of Eli Simmons, a minor child who died while in foster care, sued various parties, including the Orleans Parish Coroner, alleging negligence in the handling of their son’s remains. The Coroner filed a motion for summary judgment, which the trial court granted, dismissing the parents’ claims.

The parents appealed, arguing that the trial court erred in its decision. However, the Court of Appeal upheld the summary judgment, finding that the parents failed to provide sufficient evidence to support their negligence claims against the Coroner.

pexels-pixabay-263402-scaledIn the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA) and the state’s Civil Code, specifically concerning who can initiate a medical review panel and how that affects prescription for potential plaintiffs. This blog post will dissect the Guffey decision, analyze its implications, and offer guidance for navigating medical malpractice claims in Louisiana.

Case Background

Geneva Guffey, a nursing home resident, suffered a severe leg injury when a Lexington House employee dropped her during a transfer. She tragically passed away a few months later. Her granddaughter, Deana Fredrick, initiated the medical review panel process, a prerequisite to filing a medical malpractice lawsuit in Louisiana.

pexels-mikebirdy-11985980-scaledPatricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet as part of a recall. Spann sued Gerry Lane, alleging negligence in the repair and the hiring and training of their mechanics.

The legal journey was not a smooth one. Initially, the trial court dismissed Spann’s case, granting Gerry Lane’s motion for summary judgment due to a perceived lack of evidence. However, Spann fought back, securing a new trial based on additional evidence from her expert witness.

This expert, a mechanical engineer, had conducted multiple inspections of Spann’s car, ultimately concluding that the power steering system failed due to improper installation. Gerry Lane challenged the admissibility of this expert’s testimony, arguing it lacked scientific basis and that some inspections violated a court order. However, the court allowed the testimony, stating that challenges to the expert’s conclusions were about the weight of the evidence, not its admissibility. The court also determined that while the inspections without the defendants present were “troubling,” there was no evidence of intentional wrongdoing.

pexels-dominika-kwiatkowska-1796968-3368844-scaledSometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation from the responsible party. However, if the person who caused the accident leaves the scene and is never apprehended by law enforcement, an injured person may turn their attention elsewhere for financial compensation. Such a situation arose following a car accident on a stretch of highway between Jennings and Lafayette, Louisiana. 

Kyle Jordan was driving a rental car with Riley Moulton as a passenger. The vehicle was sideswiped, causing Jordan’s car to flip over and injure Moulton. The hit-and-run driver was never identified, so Mouton sued both Jordan and the rental car company, EAN Holdings, for damages. The defendants moved for summary judgment, arguing that since Mouton admitted in his deposition that Jordan was driving safely at the time of the accident and did nothing to cause it, Moulton offered no evidence to support a theory of recovery against Jordan or EAN Holdings. The trial court granted the defendant’s motions for summary judgment. Mouton appealed to Louisiana’s Third Circuit Court of Appeal.


The Appellate Court reviewed the facts of the case as laid out by Mouton himself in his deposition testimony. Mouton stated that Jordan had set the cruise control in the car to 70 MPH, consistent with the speed limit, and was “driving correct.” He further testified that the accident occurred when Jordan made a proper change into the left lane to pass a large truck.

pexels-kindelmedia-7714731-scaledTo ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can terminate the employment of a long-serving police officer for fighting after a traffic accident and reinforce the high standard they hold their employees to.

Officer Tracy Fulton of the NOPD was waiting at a stop light in his personal vehicle when he was hit from behind by a driver under the alias in court as E.C.. Officer Fulton left his car and began yelling at E.C. and the occupants of his vehicle. When Officer Fulton attempted to open the door of E.C.’s vehicle, E.C. drove off and went to his home. Officer Fulton called the police to report a hit-and-run and followed E.C., who was returning home. Officer Fulton then confronted E.C. again, and the argument eventually became a fight between the two men. 

After the two men exchanged blows, they retreated to their vehicles to grab weapons, and the fight ended. After the fight, E.C. had a broken nose, a dislocated jaw, a concussion, and concussion-related symptoms. After an NOPD investigation, Officer Fulton was charged with second-degree battery and was also investigated and eventually fired. Officer Fulton was found not guilty of the battery charge at trial, but the termination was never reversed. Officer Fulton then appealed his termination to the New Orleans Civil Service Commission (“the Commission”).

pexels-ann-h-45017-3095954-scaledOn-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your claim.

Bessie Hall worked for the State of Louisiana in East Baton Rouge for over seventeen years.  On July 13, 2012,  Ms. Hall suffered an on-the-job injury at the Louisiana Department of Children and Family Services. Because her injury prevented her from working, her employer terminated her in September 2013. 

Over two years later, Ms. Hall applied for disability retirement benefits through LASERS, the Louisiana State Employees’ Retirement System. LASERS, however, found Ms. Hall ineligible for these benefits.  Ms. Hall sued the Nineteenth Judicial District Court for the Parish of East Baton Rouge. The District Court held Ms. Hall was eligible for benefits, and LASERS appealed to the Louisiana First Circuit Court of Appeal.

pexels-pixabay-372810-scaledIn cases involving multiple defendants, courts are frequently asked to dismiss some or all of the parties because no set of facts can allow a case to proceed. Defendants will point the finger at their counterparts in hopes of securing a dismissal for themselves. However, the dismissal of even just one defendant can mean the loss of significant compensation for the party bringing the lawsuit. In a recent injury case out of Baton Rouge, a family was able to get their day court despite the best efforts of their opponent.   

Calandra Carr and her two children, Louis Carr, Jr., and Ciara Carr, were all riding in their van when they were in line to use the Geaux Clean Express Car Wash behind Jeffrey Dykes. Anthony Amedee was in front of Mr. Dykes’ vehicle when Mr. Amedee’s vehicle moved backward, striking Mr. Dykes vehicle, which in turn, hit the Carr’s van. This collision caused injuries, damages, and losses, which Carr’s argument caused because Mr. Amedee failed to maintain proper vehicle control.  The Carr’s also claimed that Geaux Clean failed to maintain the car wash properly and that their negligence was also a cause of the collision.

The Carrs filed a lawsuit against Anthony Amedee and his liability insurer, Louisiana Farm Bureau Casualty Insurance Company (“Farm Bureau”), Geaux Clean Express Car Wash (“Geaux Clean”) and its insurer, Ohio Security, and Allstate Property and Casualty Insurance Company (“Allstate”) as the Carrs’ UM insurers.

language_script_mongolian_design-scaledIn the legal world, every word holds significance. Clarity and precision are of the utmost priority because even the slightest bit of ambiguity can have dire consequences. This is a truth that Terry Gotch would later find out after he filed suit against Scooby’s ASAP Towing LLC following a vehicular accident in Louisiana.

On February 8th, 2013, Joseph DeRousselle was backing out of a driveway and almost hit the car Terry Gotch was a passenger in. The driver took evasive maneuvers, which led to the vehicle leaving the road and crashing into a ditch. Gotch was injured as a result of the accident. At the time of the accident, DeRousselle was an employee of Scooby’s ASAP Towing. Gotch then filed a lawsuit against Scooby’s ASAP Towing, claiming vicarious liability of the employer for DeRousselle’s negligence. A judgment was made following a jury trial in favor of Scooby’s ASAP Towing, absolving them of any negligence, and Gotch’s claim was disregarded.

Gotch, understandably unhappy with the verdict, orally moved for a mistrial. This motion was denied a short time later following a hearing. Still unsatisfied, Gotch filed an appeal on October 23rd, 2017. A written judgement was issued; however, it was insufficient in that it lacked decretal language.

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