Summary Judgment

Insurance Provider Fails to Cancel Customer’s Coverage after NonPayment, Must Pay Damages

Published on: April 6, 2023 | By Berniard Law Firm

accident_car_accident_car-scaled Complex insurance issues can add more hassle to the damage from a car accident. What happens if you’re in an automobile accident after failing to pay your insurance premium? Can you still get coverage for your claims? The following case out of Baton Rouge shows why insurance companies must follow proper procedure and offer evidence of cancellation or suffer consequences.

On July 27, 2010, Beverly Smith and Darlene Shelmire were involved in a vehicle collision in Baton Rouge when Shelmire entered an intersection without yielding. Smith sustained injuries due to the accident and filed a claim against Shelmire and her insurer, Gramercy Insurance Company. The insurance company asked the court for summary judgment, claiming that Shelmire did not have insurance coverage at the time of the accident due to the cancellation of her policy for nonpayment. The court held a hearing on the motion and denied it.

The legal entity representing Gramercy Insurance Company, GoAuto, filed a new motion for summary judgment, asserting the same claim that Shelmire’s policy had been canceled before the accident. The trial court again denied this motion. In a bench trial, GoAuto filed a motion for involuntary dismissal, which the court denied. During the trial, the court heard evidence that Shelmire had paid her insurance premium on the afternoon of the accident and reported the accident a few hours later. GoAuto paid Shelmire for the damage to her vehicle the next day, despite their claim at trial that her insurance policy had been canceled by that point. Therefore, the trial ordered GoAuto to pay $15,000 in damages to Smith. GoAuto appealed this judgment.

Evidence of Knowledge Required to Prevail in Louisiana Slip-and-Fall Lawsuits

Published on: March 31, 2023 | By Berniard Law Firm

dollar_general_store_in-scaled If you slip and fall over an item that has fallen at a store, you might think that you will be able to recover for your injuries in a lawsuit against the store. However, it is not enough to simply show that you slipped and fell. Instead, you must show that the store knew about or created the condition that caused you to slip and fall. Because Lilly Edwards could not show this, the court dismissed her lawsuit against a Baton Rouge, Louisiana, Dollar General store.

While shopping at a Dollar General store in Baton Rouge, Louisiana, Edwards tripped on a box that she later described as a poster board. She claimed this poster board fell into the aisle where she was shopping. Edwards claimed she tripped on it as she went around the corner, which caused her to fall and injure her knee. After this fall, Edwards sued the Dollar General store. Dollar General filed a motion for summary judgment, which the trial court granted. The trial court held that Edwards could not prove that Dollar General had known about the hazardous condition that resulted in her fall. Without this knowledge, Dollar General could not be found liable. Edwards then appealed the trial court’s grant of summary judgment to the Louisiana First Circuit Court of Appeal.

Summary judgment is appropriate when the evidence shows no genuine issues of material fact. See La. C.C.P. art 966(B)(2). Under Louisiana law, a store owner such as Dollar General owes a duty to people who come to shop there to exercise reasonable care to ensure its floors are kept in a reasonably safe condition and that the store has no hazardous conditions. See La. R.S. 9:2800.6. Here, Edwards had the burden of proving: (1) the poster board that she tripped over was an unreasonable risk of harm; (2) Dollar General had either created or had knowledge of the poster board on the floor; and (3) Dollar General did not exercise a reasonable standard of care.

Who is Liable for Injuries for a Slip and Fall on a Public Sidewalk?

Published on: March 30, 2023 | By Berniard Law Firm

foggy_sidewalk_morning_fog-scaled Premises liability is an active area of personal injury law, and accidents occurring on public property are no exception. The question often arises, who is liable for a slip and fall on a public sidewalk? In this case, the Louisiana Third Circuit Court of Appeal was asked to determine the premises liability of the town of Lake Arthur for a fall occurring on a public sidewalk built and maintained by this public entity.

On July 11, 2014, Robin Rogers Richard fell while walking along a sidewalk in Lake Arthur. The portion of the sidewalk where her fall occurred was a driveway that allowed maintenance vehicles to access a public park, with a sloping transition on either side running perpendicular to the street. This portion of the sidewalk was completed in September 2013 by John Anderson Concrete Finishes, Inc. (Anderson), under the direction of Robert Bertrand, the major of Lake Arthur.

Ms. Richard filed a motion for summary judgment on the liability issue, arguing the slope of the transition area did not meet certain state and national requirements and was, therefore, defective per se. However, at her deposition, she indicated that her last step before her fall was on a flat portion of the new sidewalk, not the sloped portion. In response, Lake Arthur, Anderson, and its insurer, Seneca Specialty Insurance Co, filed motions for summary judgment alleging statutory immunity from liability and they were not liable because the condition of the sidewalk was open and obvious.

Your Short Term Wheelchair May Be Subject To a Hidden Defect Warranty

Published on: March 26, 2023 | By Berniard Law Firm

wheelchair_pattern_black_background_4 Recovering from an automobile collision is already a difficult journey. Sometimes physical recovery does not occur in a straight line, and intermediate accidents can complicate the process. This was especially true for Alexandria resident Mr. Maricle.

During his recovery from injuries due to a car crash, Mr. Maricle sustained further injuries due to a defective wheelchair supplied by Axis. Maricle filed a lawsuit in 2013 against Axis. In 2014, a trial court denied Axis’s motion for summary judgment; Axis appealed this denial and the Court of Appeals affirmed the trial court’s order. Significantly, the Court of Appeals held that the only issue left was determining whether Axis failed to inspect the wheelchair. Based on that holding, the trial court denied the Plaintiffs’ summary judgment motion and granted Axis’ summary judgment because there were no visible defects prior to the wheelchair’s delivery to Maricle.

Maricle presented numerous issues on appeal. The first issue was that La.Civ.Code art. 2317.1, used by the trial court to grant summary judgment, does not apply because that provision is only for owners or custodians of the defective item. Liability as an owner or custodian requires proof “that the thing was in the defendant’s custody and control.” Davis v. Am. Legion Hosp. Instead, Marcile argued that La.Civ.Code arts. 2696-97, which applies to lessors of an item and specifies a warranty that attaches to the lease, should apply because Axis was strictly liable as the lessor of the wheelchair.

Louisiana Court Holds that Medical Records Can Counter Expert Testimony and Bar Summary Judgement

Published on: March 25, 2023 | By Berniard Law Firm

medical_consultation_treatment_room-scaled Courts often rely on motions for summary judgments to avoid the costly and time-consuming reality of going to trial and presenting a case in front of a jury. Motions for summary judgment are when one party asks the court to decide the case based on the current facts alleged in their favor. Courts should grant these motions when there are no facts in dispute for the jury to resolve. But how much evidence does a party have to present to survive one of these motions? A case out of New Orleans shows that, in some cases, just having medical records could be enough to deny a motion for summary judgment.

Emmanuel Bridgewater was lounging on a median at the intersection of Washington Avenue and South Dorgenois Street when a Regional Transit Authority (RTA) bus made a left-hand turn off of Toledano street and an immediate right turn onto Washington Avenue. The bus cut the corner too closely and drove onto the median, hitting Bridgewater. As a result of the accident, Bridgewater’s right arm broke, his right leg was injured, and he said that the accident left him permanently disabled. Bridgewater alleged that the bus did not stop after he was hit and instead fled the scene. A bystander who did not witness the accident heard Bridgewater calling for help and called 911 emergency services. An ambulance and New Orleans Police Officer Roger Smith arrived at the scene. Bridgewater alleged that Smith did not question him about the accident before he was taken to the hospital.

Bridgewater filed a lawsuit against the RTA and the City of New Orleans and added the Transit Management of Southeast Louisiana, Inc. (TMSL) as a defendant. Bridgewater accused the defendants of being jointly liable for his injuries and argued that the NOPD officer assigned to the RTA acted to protect the RTA from liability. Bridgewater also asserted that the City was at fault because it failed to place signs in the accident area to warn pedestrians that buses may run onto the median and hit them. The City filed for summary judgment, and the court granted the City’s motion. Next, Bridgewater filed a motion for rehearing, contesting the court’s decision. Then, RTA also filed a motion for summary judgment, and the judge denied Bridgewater’s rehearing and granted RTA’s motion. Bridgewater eventually appealed, and RTA responded, seeking attorney fees and costs against Bridgewater for filing a frivolous claim, which means that the lawsuit lacked any basis.

The Cost of Litigation is in the Court’s Discretion in Louisiana

Published on: March 23, 2023 | By Berniard Law Firm

money_laundering_money_music_0-scaled The lawsuit process can be expensive between investigation, preparation for trial, and the trial itself. This is on top of the emotional rollercoaster of events that have given rise to a lawsuit in the first place. Unfortunately, sometimes a plaintiff may lose at trial and be hit with all the litigation costs for both parties. The following case shows how those costs are within the court’s discretion.

Sarah Reynolds was involved in a head-on collision with a passenger bus while driving her car in Slidell, Louisiana. Both vehicles were operating at the posted speed limit of 70 miles per hour. Reynolds was traveling the wrong way on a westbound overpass on Interstate 10. When authorities reached the scene, Reynolds was found unconscious and unrestrained. Reynolds blood tests revealed a blood alcohol content of .082gm% and a presence of Xanax and marijuana. Reynolds died a few hours after the accident due to the multiple traumatic injuries sustained.

Reynolds’ son, mother, son’s father, and estate filed a lawsuit against the Department of Transportation and Development (DOTD). They alleged Reynolds had been misdirected onto the wrong side of the roadway due to DOTD’s negligence. DOTD subsequently filed a motion for summary judgment, arguing the plaintiffs could neither establish negligence nor causation.

Ville Platte Hospital Found Not Liable for Ant Bites on ICU Patient

Published on: March 20, 2023 | By Berniard Law Firm

ant_dod_pomonkey_2015-scaled Hospital admission can often be a terrifying experience, but even more so is an ICU admission. Your life is literally in the hands of hospital doctors and nurses. But what happens if you sustain injuries unrelated to your original illness or injury while in the ICU? A recent patient at Mercy Regional Medical Center in Ville Platte, Louisiana, was left with no legal recourse after sustaining multiple ant bites during her ICU stay.

Linda Searile was admitted to Mercy Regional Medical Center (Mercy Regional) in September 2011 after falling and hitting her head. After her condition deteriorated, she was moved to the ICU. Two days later, a nurse discovered ants on Ms. Searile’s arm and in her bed. The nurse removed the ants and gave Ms. Searile medication for pain and itching. Ms. Searile was discharged from Mercy Regional a few days later.

Ms. Searile filed a lawsuit against Mercy Regional, asserting the hospital knew or should have known of the ant infestation and should have taken reasonable steps to eliminate the bugs. Mercy Regional filed a motion for summary judgment stating that Ms. Searile could not show that the hospital was negligent in any manner and that the lawsuit should be dismissed entirely. The Thirteenth Judicial District Court for the Parish of Evangeline agreed with Mercy Regional and dismissed the case. Ms. Searile appealed to the Louisiana Third Circuit Court of Appeal.

Court Deadlines Are Important, Especially in Federal Court

Published on: March 19, 2023 | By Berniard Law Firm

clock_time_dead_broken-scaled Before taking on one of the nation’s largest, leading automotive manufacturing companies, it is essential to consult an excellent attorney with knowledge of the Federal Court system. The importance of following the deadlines set by the Court in that system cannot be understated. Unfortunately, the lesson of how critical it is to follow court deadlines came to bear a harsh reality for the children of two deceased car accident victims in the following case.

Sandra, Carnel, Darnell, Gregory, and Lashawn Joseph (collectively “the Josephs”) sued GM after the car their parents, George and Jeanette Joseph, were passengers in caught fire and crashed into the guardrail, causing their parents’ fatal injuries. In trying to gather evidence to support their claims against GM at the District Court, the Josephs sought expert testimony. Still, they failed to identify expert witnesses or produce expert reports before the District Court’s scheduled deadline passed. Therefore, the District Court denied the Josephs’ motion to reschedule the deadlines based on their failure to show good cause for not meeting the deadline.

The Josephs did not object to this denial, and GM moved for summary judgment. The summary judgment argued that because Josephs had no experts to prove their claims, they had no case to go forward with. The Josephs attempted to admit expert testimony to challenge GM’s motion. However, the District Court neither allowed the testimony because the Josephs missed the previously scheduled deadlines nor allowed the Josephs extra time for discovery. As a result, the District Court ruled in favor of GM on the motion for summary judgment. The Josephs subsequently appealed to the Fifth Circuit.

Louisiana Employment Discrimination Case Fails Due to Summary Judgment

Published on: March 16, 2023 | By Berniard Law Firm

building_hospital_enschede_928636-scaled People may be fired for a variety of reasons. Often a dismissed employee feels the termination was unjust or racially based. Bringing a lawsuit under Title VII of the Civil Rights Act of 1964 is difficult. A plaintiff must present evidence for a prima facie case of discrimination to survive summary judgment. The following case out of Baton Rouge, Louisiana, demonstrates the difficulty of doing so.

David Williams, an African-American man, worked for Franciscan Missionaries of Our Lady Health Systems, Inc., before being terminated in November 2012. Williams felt the firing was unfair and that he had claims to bring against the hospital. Williams’ lawsuit asserted racial discrimination and retaliation claims under Title VII and U.S.C. § 1981. 42 U.S.C. § 1981. The Federal District Court granted summary judgment for Our Lady Health on both claims. That ruling caused Williams’s case to be dismissed, so he appealed the ruling to the United States Court of Appeals for the Fifth Circuit.

On appeal, the court must examine the district court’s granting of summary judgment and if the non-moving party has met their prima facie burden. Summary judgment is appropriate when there are no disputes of material fact, and the movant is entitled to judgment in their favor as a matter of law.

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.