Articles Posted in Litigation

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tractor_red_tractor_red-scaledWhen an item is repaired, it is reasonable to expect it to be safe and free of defects upon its return. However, when an injury occurs after a product’s repair, the injured party is entitled to seek damages. For example, Joe McPherson suffered a knee injury after the battery compartment of a tractor, which Ronald Dauzat repaired, fell apart. The question of negligence and responsibility arose, leading to a legal dispute and subsequent appeal.

Dauzat sold his old tractor to McPherson. However, it did not function properly, so Dauzat took it in for repairs. Dauzat notified McPherson the tractor was ready to be picked up. When McPherson arrived at the shop, Dauzat was not there. But two men he assumed were employees permitted him to mount and inspect the tractor. When McPherson tried to demount, the battery compartment fell apart, and he fell and wounded his knee

McPherson filed a lawsuit against Dauzat for his injury. His complaint alleged the defective tractor caused his injuries. He stated that his injury would have been prevented if the battery box had been firmly latched. Dauzat filed an involuntary dismissal and claimed McPherson failed to present evidence that the unlatched box was the cause of his fall. 

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truth_newspaper_news_printed-scaledHonesty is always the best policy. This proverb rings especially true in the legal system, where truthfulness and transparency are vital to maintaining the legal process. Failure to tell the truth or even a mistake in remembering the facts can bring severe consequences, as Mark and Paulette Moore discovered after a car accident on Interstate 10 in Iberville Parish.

Russell Charles was driving his vehicle and pulling a flatbed trailer when a pick-up driven by Mark Moore suddenly rear-ended him. The pick-up was the property of Moore Leasing LLC, a company Mark and Paulette Moore, Mark’s wife, owned together and insured by State Farm.

About six months after the accident, Moore signed an affidavit stating he was not in the course of employment when the car accident occurred and that the State Farm policy was the only liability insurance available that would give Charles coverage for the injuries from the accident.

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fully_integrated_whole_bodyNavigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin Arrant did here. 

While working at Wayne Acree PLS, Arrant was involved in an accident where a truck that ran a red light hit his vehicle. Arrant consulted an attorney and then met with an orthopedic surgeon because he started having back pain that went down his legs. The doctor recommended an MRI. 

His attorney contacted Acree’s workers’ compensation carrier to determine if it would agree to cover the MRI. Twice, Arrant requested approval for the MRI from the medical director under La. R.S. 23:1203.1. Both times, the medical director denied Arrant’s request via fax. 

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child_children_doctor_bags-scaledIn the event that you find yourself in the challenging position of pursuing a medical malpractice lawsuit against your doctor, the presence of an expert witness becomes paramount. Such a witness is instrumental in establishing the negligence of your treating physician. A recent case originating from the Parish of East Baton Rouge sheds light on the specific qualifications required for expert witnesses in medical malpractice cases and the circumstances in which their testimony may be deemed unnecessary. Join us as we delve into this notable court ruling, which clarifies the vital role of experts and the instances where their expertise may be exempted.

Landon Lee, a 13-month-old, was taken to Our Lady of the Lake Regional Medical Center (OLOL) for respiratory distress and vomiting. He was evaluated in the emergency room and admitted into Pediatric Intensive Care Unit. Unfortunately, his condition worsened even with incubation and life-saving interventions. He was transferred to Ochsner Medical Center via helicopter to be admitted to the Extracorporeal Membrane Oxygenation unit. He was given CPR during transfer but pronounced dead 44 minutes after arriving at Ochsner. 

Landon’s mother, Anjel Lee, then filed suit on her and Landon’s behalf against OLOL and Dr. Shannon Boudreaux, the pediatrician and emergency room physician at OLOL, who treated Landon. Lee argued that OLOL and Boudreaux failed to properly care for and treat Landon. OLOL denied the allegations, arguing it was a qualified healthcare provider under the Louisiana Medical Malpractice Act, La. R.S. 40:123.1 provides that qualified healthcare providers have limited liability for malpractice claims. The hospital also denied that any action or inaction on their part was the cause of Landon’s death. Boudreaux also argued that he was a qualified healthcare provider under Louisiana law and was entitled to limited liability.

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slip_heads_up_warningPersonal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted. 

A recent Louisiana Court of Appeals case offered a detailed examination of an issue of material fact in determining fault in a personal injury lawsuit. By exploring the court’s decision and the supporting evidence, we gain insight into the complexities inherent in such cases and their implications on a motion for summary judgment.

James Palmisano fell at work due to the water in the hallway. Palmisano alleged that the water leaked from the men’s and women’s toilets. He filed a lawsuit for his injuries, claiming two plumbing companies, Prejean and Colville Plumbing & Irrigation, Inc., were called to fix the problem but didn’t. 

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justice_scales_balance_lawyer-scaledLosing a lawsuit can lead to frustration with your attorney, and you might contemplate pursuing a legal malpractice claim against them. However, it is crucial to comprehend the essential elements required to succeed in such a claim; otherwise, your case may face dismissal. The Klein v. Wynne lawsuit examines the importance of meeting all the requirements to prevail in a legal malpractice lawsuit and highlights the potential consequences of failing to do so.

Leverette Klein hired lawyer Vincent Wynne Jr., who worked for Wynne, Goux & Lobello, to provide legal advice and services related to a foreclosure in St. Tammany Parish. Klein claimed he had an assignment of a mortgage note and money judgment recognized a mortgage for a property in Lacombe, Louisiana. Klein said he wanted Sandra Parnell, his ex-girlfriend, removed from the house. Klein told Wynne that Parnell had some of his movable property that she would not return. Wynne resolved the issue and tried to contact Klein to see if he wanted to pursue the foreclosure. Klein claimed that Wynne did not contact him, whereas Wynne claimed Klein was unresponsive. 

Klein fired Wynne as his attorney and hired another attorney. He then learned he would be unable to recover for the mortgage on the property because it was not timely revived under the ten-year period under La. C.C. art. 3501. Leverette Klein brought a legal malpractice against Vincent Wynne Jr., the law firm Wynne, Goux & Lobello, and their insurer, Greenwich Insurance Company. Klein claimed that because of Wynne or his law firm’s failure, he could not foreclose his property and sustained damages. The trial court found that the assignment of the mortgage note was unenforceable when Klein had hired Wynne, so Klein had not proved he had suffered any damages. The trial court dismissed Klein’s legal malpractice claims. Klein appealed the trial court’s judgment.

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police_cop_police_uniforms-scaledExperiencing termination from your job is a difficult situation, especially when it feels unjust. Scott Poiencot faced this unfortunate circumstance when he was terminated from his position as a police officer in the Lafayette Police Department, where he had served for several years. As a civil service employee, Louisiana law provided a specific procedure for appealing his termination. This case sheds light on employees’ challenges in challenging an unfair termination. In addition, it emphasizes the importance of seeking legal guidance to understand their rights and navigate the appeals process.

Before his termination, Scott Poiencot had been involved in three different Internal Affairs investigations. The first investigation (AD2012-007) involved a confidential document being removed from a police file and eventually released to the media. It was discovered that a Lieutenant in the police department had removed the document initially and whited out some information before providing it to Poeincot.  The second investigation (AD2012-010) involved Poiencot secretly recording a phone conversation involving a Major in the police department. Poiencot eventually admitted to downloading the conversation, which was released to the media. The third investigation (AD2012-012) involved Poiencot’s refusal to submit to a polygraph as part of the first investigation related to releasing a confidential document. His termination letter referenced all three prior investigations with which he was involved. 

After his termination, Poiencot appealed to the Lafayette Municipal Fire & Police Civil Service Board (the “Board”). The Board voted 5-0 to uphold his termination, finding it was made for cause and in good faith. The Board then issued a final judgment. 

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s1_p_1504_vintage-scaledEveryone knows that evidence is an essential part of winning any lawsuit. However, how do you go about finding relevant evidence? If you are involved in a lawsuit, you are entitled to discovery to obtain information pertinent to your claims and help defend yourself. However, discovery is not limitless. Instead, numerous restrictions are imposed to ensure that parties cannot go on fishing expeditions. It is essential to understand these restrictions, especially when seeking information involving personal data such as medical records. 

The family of Kenneth Scully sued Dr. Derrick Dean for medical malpractice after Scully died after he was admitted to the emergency room where Dean had been working. Scully’s family and Dean settled for $450,000 before a medical review panel was convened. After the settlement, Dean sued the law firm he had retained to represent him, Gachassin Law Firm. 

Gachassin tried to compel the Louisiana Board of Pharmacy (the “Board”) to disclose information regarding Dean’s access to an online database concerning Scully, including Dean’s login and search history. The database contained information about dispensing controlled substances. Gachassin argued this information could help show inconsistencies with the times Dean claimed to have accessed the database. The trial court ruled in favor of Gachassin on its motion to compel. The Board appealed. 

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prison_fence_razor_ribbon_0-scaledFiling a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role. 

In a noteworthy case involving Marlon Eaglin, Powell, Deontrey Moten, and David Little, who were charged with attempted murder, the defendants’ release led to the filing of a petition for false arrest and false imprisonment. However, the defendants raised an exception of prescription, arguing that the claims had exceeded the prescribed time limit. This case is a stark reminder of the importance of understanding and adhering to the applicable time frame when seeking justice in court.

An attempted murder charge was brought against Marlon Eaglin, Powell, Deontrey Moten, and David Little by the Eunice Police Department. The defendants were arrested on May 4, 2015, and released on August 21, 2015. 

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prison_jail_cell_cell_0-scaledBringing a lawsuit against one’s employer can be a daunting prospect, particularly when fears of retaliation loom large. However, it is essential to recognize that federal law offers safeguards to employees who pursue legal action under Title VII, including cases involving claims of sexual harassment. By delving into the provisions outlined in 42 U.S.C. § 2000–3(a), we gain insight into the protective measures afforded to individuals in such circumstances. It is important to note, however, that having previously filed a lawsuit related to sexual harassment does not automatically shield an employee from potential adverse employment consequences. 

In the case of Jennifer Paul, a correctional officer at the Elayn Hunt Correctional Center, her experience sheds light on the intricate interplay between prior lawsuits, retaliation, and the burden of proof required to establish a causal link. As we examine the complexities of her situation, we delve into the multifaceted nature of employment law and the need for legal counsel to navigate potential claims against employers.

Jennifer Paul was a correctional officer at the Elayn Hunt Correctional Center (“Hunt”) in St. Gabriel, Louisiana. While working there, she filed a lawsuit against Hunt, claiming that other correctional officers had sexually harassed her. She received a confidential settlement and returned to her position. 

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