Litigation

Injured Driver Wins Favorable Jury Verdict and Still Appeals in Ouachita Parish Car Accident Case

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

no_passing_zone_sign-scaled Car accidents are unfortunate but commonplace occurrences in modern life. The resulting lawsuits can involve complicated arguments over the allocation of fault between the drivers involved and the appropriate amount of damages awarded by the Court. Such questions arose in a lawsuit involving a car accident in Ouachita Parish, Louisiana.

In November 2013, Terany Goldsby drove her niece to a U.S. Navy recruitment office on Perryville Highway 554. The highway is a two-lane road with “no passing” lane markings at the point that Goldsby pulled up behind a Louisiana Department of Transportation and Development (“DOTD”) dump truck that was stopped in her lane. The truck was being driven by David Blocker, a DOTD employee. Goldsby waited for the truck to advance, but the truck backed up, colliding with Goldsby’s vehicle. This collision crushed Goldsby’s car’s front end, injuring Goldsby.

The DOTD truck was stopped on the highway because Blocker had overshot the pothole he and two other DOTD employees were sent to patch; Blocker reversed the truck to better position it relative to the pothole. Blocker admitted that neither of the other DOTD employees presented “spotted” for Blocker before he reversed the truck, as is required by the DOTD. The police officer who responded to the accident cited Blocker as “at fault.” Blocker’s manager also reprimanded him for not following the DOTD truck reversing the policy.

Terminated Plaquemines Parish Employee Denied Attorney’s Fees After Successful Appeal for Job Reinstatement

Published on: February 22, 2023 | By Berniard Law Firm

accountant_accounting_adviser_1238598-scaled Getting fired from a job can be devastating for anyone, and getting fired from a job unjustly is even worse. You may believe that if you are wrongfully terminated, you are entitled to all the costs, including attorney’s fees, that you incur in any legal action you take against your employer. However, the law is not always based on our notions of what is fair, as one resident of Plaquemines Parish learned in her efforts to get her job back.

Loukisha Daisy began working as the Chief Internal Auditor at the Plaquemines Parish Government (“PPG”) on June 2, 2014. In hiring her, PPG attached a condition to Daisy’s employment contract that she must complete all the courses required to become a Certified Public Accountant (CPA) and pass the CPA exam by the end of her first year of employment.

In mid-June 2015, PPG informed Daisy that it was considering terminating her employment. PPG suspended Daisy and held a predetermination hearing on June 25, 2015. At the hearing, Daisy presented evidence supporting her continued employment. PPG nevertheless terminated Daisy’s employment on June 30, 2015. In the termination letter, PPG stated that Daisy did not obtain her CPA license as required in her employment contract, claimed that Daisy did not perform her work duties by her job description, and alleged that Daisy submitted a fraudulent letter concerning her CPA license as evidence in the predetermination hearing.

Alexandria, Louisiana Last Will and Testament Invalidated for Failure to Follow Formalities

Published on: February 21, 2023 | By Berniard Law Firm

stamp_rubber_stamp_stamped-scaled Losing a loved one is an obviously devastating experience. Possessions left to the surviving family members cannot take the grief away but can prohibit an entire upheaval for the survivors. It is critical that an excellent attorney drafts the will and handles the probate process for the sake of those survivors.

An Alexandria, Louisiana, widow was out of luck after family members filed a lawsuit claiming that her late husband’s will was null and defective. In 1996, Elmoses Ivey executed his last will and testament, which left all his property to his wife, Lois Ivey. After Mr. Ivey died in 2016, Mrs. Ivey probated the will and obtained a judgment of possession. However, Mr. Ivey’s children from a prior marriage filed a lawsuit to contest the validity of their father’s will. The children argued that the attestation clause at the end of the will did meet the necessary legal requirements and was, therefore, invalid. An attestation clause is a section at the end of the will stating that all the legal requirements in executing the will have been met. The Ninth Judicial District Court for the Parish of Rapides agreed and declared the will invalid. Mrs. Ivey appealed to the Louisiana Third Circuit Court of Appeal.

Louisiana law requires a notarial testament’s attestation clause to be in writing and dated. The testator (person making the will) must sign the will at the end and on each separate page. The testator must declare in the notary’s presence and two witnesses that the instrument is his will. Finally, the notary and witnesses must include a written declaration that both the first two requirements have been met. See La. C.C. art 1577. While there is a presumption in favor of validity generally, will execution formalities must be strictly followed, or the will is invalid. See Successions of Toney, 226 So.3d 397 (La. 2017). The Louisiana Supreme Court further opined that any earlier cases which treated deviations from testamentary form requirements with leniency would no longer apply.

Court Clarifies Use of Differential Diagnosis in Louisiana Medical Malpractice Case

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

building_hospital_enschede_931283-scaled Does a physician’s use of differential diagnosis raise a medical malpractice issue in Louisiana? That question is at the center of a recent medical malpractice case out of Lake Charles. The Louisiana Third Circuit Court of Appeal addresses liability attached to a method of clinical diagnosis known as a differential diagnosis.

On February 23, 2011, after experiencing two seizure-like episodes, Ms. Judith LeBlanc was seen in the emergency room of CHRISTUS Health Southwestern Louisiana (St. Patrick’s Hospital) by her primary care physician Dr. Lewis. Ms. LeBlanc was being treated for a jaw infection and scheduled for a tooth extraction the next day. Dr. Lewis ordered several tests over the next few days to rule out multiple potential underlying conditions. Although Dr. Lewis made a differential diagnosis that included sepsis as a possibility, Ms. LeBlanc was not treated for sepsis because she displayed no signs of it. Two days after her discharge, Ms. LeBlanc developed seizure activity and cardiopulmonary arrest and eventually passed.

A medical malpractice lawsuit was filed by Leblanc’s family. As part of the lawsuit, a Medical Review Panel met and found that neither St. Patrick’s nor Dr. Lewis breached the standard of care. St. Patrick’s and Dr. Lewis relied upon the Medical Review Panel’s findings in filing motions for summary judgment to dismiss the lawsuit. The Fourteenth Judicial District Court for the Parish of Calcasieu granted those summary judgment motions and Leblanc appealed.

Louisiana Car Accident Victim Fails To Establish Causation Through Housley Causation Presumption

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

car_crash_wreck_accident-scaled Although car accidents are common, they are still stressful. When you suffer a medical injury from an accident, you must have evidence to prove your injuries. One way to do so in Louisiana is using the “Housley” causation presumption. The following case helps answer the question, what exactly is the “Housley” presumption?

Burleigh Ruiz was driving a car that backed out of a parking space and hit a car occupied by Eurie Marie. Ruiz and Marie disputed what had happened. Although Ruiz claimed he was going slowly, Marie estimated Ruiz was driving about twenty to thirty miles per hour at the time of the accident. Marie told Ruiz he was not hurt but may need medical treatment in two or three weeks because his health was not that good. Marie had an extensive medical history, including multiple surgeries, severe diabetes with complications, and back pain. He had been disabled for eight years and sought treatment for neck pain approximately five months before the car accident.

Marie went to the emergency room at Terrebonne General Hospital three weeks after the car accident. He complained of pain from his neck to his knee and mentioned the automobile accident. He also went to a chiropractor and was examined by an orthopedic surgeon. After more conservative treatments failed, the doctor recommended surgery.