Litigation

Employee Termination Upheld for Unauthorized Vehicle Use and Dishonesty

Published on: August 25, 2024 | By Berniard Law Firm

pexels-divinetechygirl-1181304-scaled Leotis Johnson, an employee of the Sewerage and Water Board of New Orleans (S&WB), was assigned a company vehicle equipped with a GPS. S&WB policy prohibited personal use of company vehicles without supervisor authorization. Johnson was accused of using the vehicle for personal errands during work hours and lying about his whereabouts when questioned.

The Sewerage and Water Board of New Orleans dismissed Johnson due to unauthorized use of a company vehicle and non-compliance with established policies and procedures. Johnson challenged this decision and the Civil Service Commission’s supporting findings.

The Court of Appeal Fourth Circuit upheld Johnson’s termination, stating that his actions constituted “cause” for termination as they were detrimental to the efficient operation of the S&WB. The court found that Johnson’s unauthorized use of the company vehicle for personal purposes during work hours was a clear violation of company policy. Additionally, his dishonesty in initially denying the allegations and providing false explanations further supported the termination.

Coroner Not Liable for Burial of Foster Child’s Remains

Published on: August 24, 2024 | By Berniard Law Firm

pexels-brett-sayles-1000740-scaled A 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.

Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?

Published on: August 23, 2024 | By Berniard Law Firm

pexels-pixabay-263402-scaled In 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.

Driver Not Liable for Passenger’s Injury in Accident Beyond His Control

Published on: August 18, 2024 | By Berniard Law Firm

pexels-dominika-kwiatkowska-1796968-3368844-scaled Sometimes, 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.

When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer?

Published on: August 17, 2024 | By Berniard Law Firm

pexels-cottonbro-3957986-scaled Nurses fighting one another may sound like a scene from daytime television, but unfortunately, this also occurs in real time. When one employee attacks a supervisor, can a supervisor proceed with a lawsuit against the employer? A nursing home in Laplace, Louisiana, recently tried to be dismissed from a personal injury lawsuit regarding two of its employees, stating it could not be vicariously liable. The Louisiana Fifth Circuit Court of Appeal judged this was a question for trial.

Two employees of Twin Oaks Nursing Home, Inc. (“Twin Oaks”) in the parish of St. John the Baptist were involved in an altercation in April 2012. A supervisor, Ms. Haynie, approached her employee, Ms. Alford, requesting that Ms. Alford report to her office. When Ms. Haynie turned to walk away, Ms. Alford struck her supervisor repeatedly in the head and neck from behind. Ms. Haynie sustained bruises, scratches, a black eye, and soft tissue damage. Ms. Alford had numerous prior work violations and justified the attack by stating she wanted Twin Oaks to give her a reason to fire her.

Ms. Haynie filed a lawsuit against Ms. Alford and Twin Oaks in the Fortieth Judicial District Court Parish of St. John the Baptist. The District Court dismissed the lawsuit against Twin Oaks, stating that the nursing home could not be vicariously liable because Ms. Alford’s actions were not employment-rooted or incidental to employee performance.

New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld

Published on: August 16, 2024 | By Berniard Law Firm

pexels-kindelmedia-7714731-scaled To 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”).

Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women

Published on: August 15, 2024 | By Berniard Law Firm

pexels-ann-h-45017-3095954-scaled On-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.

Permanently Disabled Individual Not Acting Under Scope of Employment In Workers’ Compensation Case

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

workers_construction_worker_work-1-scaled Unfortunately, accidents at the workplace are not uncommon occurrences. What happens, however, when you are injured while traveling? Will you still receive workers’ compensation if you are not physically on the jobsite? The answers to these questions will depend on the facts of the case and whether you were acting within the scope of your employment. The following Caddo Parish case outlines this predicament.

It is undisputed that Mitchell Stringer was hired at Hand Construction, LLC, sometime after September 30, 2014, and that he was asked to attend a meeting at the company office by John Provost, Vice President for the company, in early October. However, the parties disagree on whether Stringer was terminated at the meeting, as testified by Provost and Adam Hubble, CEO for the company, or was told there would not be any more work for him, but that he would receive two weeks’ severance pay, as testified by Stringer. Stringer’s final paycheck included the date “October 9, 2015.” He was issued a check with “severance” in the ledger for the week ending in October 16, 2015.

It was also disputed as to whether or not the parties agreed that Stringer would fly to North Dakota to retrieve his vehicle and the company’s GPS equipment. Regardless, on October 8, 2015, Stringer flew to North Dakota to obtain his vehicle and company equipment. Two days later, while traveling from North Dakota to Louisiana, Stringer was involved and injured in a motor vehicle accident in Arkansas.

What is Decretal Language, and Why is it Important?

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

language_script_mongolian_design-scaled In 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.

The Road Less Licensed: Bosley’s Driving School Chronicles

Published on: November 3, 2023 | By Berniard Law Firm

car_driving_driving_car-scaled Buckle up your seatbelts and get ready for a wild ride through the twists and turns of Bosley’s Driving School saga! Meet Mr. Bosley, the daring entrepreneur behind this driving school extravaganza, with locations in the charming towns of Donaldsonville and Gonzales, Louisiana. Now, picture this: Mr. Bosley is on a mission to teach the art of driving, but not just any driving – he dreams of offering the elusive 38-hour driver’s education course. But, oh, the drama unfolds when his dreams clash with the stern rules and regulations of the Louisiana driver’s education system. Despite a denial that would make even the bravest soul reconsider, Mr. Bosley and his team continued their quest, issuing certificates left and right. Little did they know, the authorities were hot on their tail, leading to a showdown of epic proportions. Fast forward to courtroom battles, administrative hearings, and a rollercoaster of legal twists that could rival any Hollywood blockbuster. Will Mr. Bosley’s driving school dreams come crashing to a halt, or will he find a way to steer his way out of this legal maze? Strap in and find out!

Mr. Bosley owns and runs Bosley’s Driving School for drivers’ education classes. The driving school has two locations—one in Donaldsonville and the other in Gonzales, Louisiana. The Donaldsonville location was licensed to teach 6 hours of classroom instruction, while the Gonzales location was licensed to teach the full 14-hour driver’s education course. Neither location was licensed to teach the 38-hour course. Louisiana offers two types of driver’s education courses: (1) A 14-hour course for individuals over eighteen, which requires 6 hours of classroom instruction and 8 hours of behind-the-wheel driving, and (2) a 38-hour course for individuals under eighteen, which requires 30 hours of classroom instruction and 8 hours of behind -the -wheel driving. La. R.S. 32:402. 1.

In October 2012, Bosley applied for permission to instruct the 38-hour driver’s ed course. On December 10, 2012, Bosley was notified via email that their application was denied because they needed to meet the curriculum requirements. Regardless of this denial, Bosley continued to issue certificates of completion of the 38-hour course to several students. When the State learned of this, they sent Bosley an order to cease further operations as a driving school and third-party tester in Louisiana. On March 27, 2014, the State notified Bosley that because he was providing students with the 38-hour driver’s education course despite needing to be licensed, his licenses to teach the 6-hour and the 14-hour courses were rescinded. Bosley filed an appeal and requested a hearing.