Negligence Claims

When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

Published on: September 29, 2024 | By Berniard Law Firm

pexels-binyaminmellish-106399-scaled A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

The Accident:

Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

Too Late to Sue: Court Upholds Prescription in Construction Site Injury Case

Published on: September 22, 2024 | By Berniard Law Firm

pexels-rquiros-2219024-scaled In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to prescription or the expiration of the time limit for filing a lawsuit.

In 2015, Ms. Blanchard filed a lawsuit alleging she was injured while walking on a grassy pathway to Gerry’s Place, a business in Jefferson Parish. She claimed she tripped over concrete debris left by contractors working on a nearby drainage canal project. The initial lawsuit named several defendants, including Gerry’s Place, Jefferson Parish entities, and an unnamed contractor referred to as “ABC Contractors.”

Later, Ms. Blanchard amended her petition to add Fleming Construction Company, LLC, and Shavers-Whittle Construction, LLC, as defendants after discovering their involvement in the construction project. However, these amended petitions were filed more than a year after the injury occurred.

Siblings Awarded $200K in Legal Malpractice Case: A Cautionary Tale of Attorney Negligence

Published on: September 19, 2024 | By Berniard Law Firm

pexels-sora-shimazaki-5669602-1-scaled In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to four siblings who tragically lost their brother due to their former attorneys’ alleged mishandling of a wrongful death lawsuit. This case highlights the importance of competent legal representation and the potential consequences of attorney negligence.

Case Background

The plaintiffs, siblings of the deceased Frank Anthony Dawson, hired the defendants, Gray & Gray and James Gray, II, to represent them in a wrongful death and survival action against the Sheriff of St. Tammany Parish. Mr. Dawson tragically died by suicide while under suicide watch in the sheriff’s custody.

No Bond, No Appeal: Louisiana Court Dismisses Workers’ Comp Appeal for Procedural Misstep

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

pexels-pixabay-209271-scaled In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because the appellants failed to post a required appeal bond.

This decision underscores the importance of adhering to procedural requirements in workers’ compensation appeals.

Case Background:

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

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

pexels-jonathanborba-3279197-1-scaled In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of thorough fact-finding and the potential need for expert testimony in such cases. The case, Diana Deruise-Pierce v. University Healthcare System, L.C., et al., underscores the necessity of thorough fact-finding and the potential need for expert testimony in medical malpractice cases, even when negligence appears evident.

Case Overview:

The lawsuit stemmed from the treatment rendered to Mr. Pierce at University Medical Center in New Orleans. Mr. Pierce was admitted for a medical procedure, but his condition deteriorated overnight. Despite this, the medical team proceeded with the planned procedure.

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

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

pexels-sora-shimazaki-5668772-1-scaled In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.

Matthew Hillman filed a lawsuit against Corey Seneca after being attacked without provocation. Mr. Seneca failed to respond to the lawsuit, leading to a default judgment in favor of Mr. Hillman. During the confirmation hearing for the default judgment, Mr. Hillman provided evidence of his injuries, which included a lacerated lip requiring fifteen stitches, fractured teeth, and the inability to eat solid food for two months. He also testified about his pain and suffering and loss of income due to the attack.

The trial court awarded Mr. Hillman special damages of $2,894.19 for lost wages, past medical expenses, and future dental treatment. However, it granted only $2,500 in general damages for pain and suffering. Mr. Hillman appealed the judgment, arguing that the general damages award was insufficient.

Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

Published on: September 13, 2024 | By Berniard Law Firm

pexels-aleksandr-neplokhov-486399-1230677-1-scaled A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and suffering.

In 2013, Steven McDowell was involved in a car accident with Russell Diggs. McDowell sued Diggs and his insurer, seeking damages for physical and mental pain and suffering, loss of enjoyment of life, and medical expenses.

The jury found both drivers equally at fault (50% each) and awarded McDowell $8,000 for past medical expenses. However, they did not award any general damages. McDowell appealed, arguing that it was legal error to award special damages without also awarding general damages.

Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule

Published on: September 12, 2024 | By Berniard Law Firm

pexels-bentonphotocinema-1095601-scaled A recent ruling by the Louisiana Court of Appeal has shed light on the complexities of prescription (the state’s equivalent of a statute of limitations) and the concept of joint tortfeasors in wrongful death cases. The case, Crocker v. Baton Rouge General Medical Center, involved a tragic incident where a mentally impaired man, Jerry Sheppard, died after an altercation following his discharge from the hospital.

Jerry Sheppard was taken to the emergency room at Baton Rouge General Medical Center (BRGMC) due to hallucinations. Despite his mental impairment, he was discharged without notifying his family. Hours later, he was found wandering the streets and was fatally injured in an altercation with a homeowner, Mr. Zeno.

Jerry’s mother, Ridder Crocker, filed a lawsuit against both BRGMC and Mr. Zeno, alleging their negligence led to Jerry’s death. Mr. Zeno raised a prescription exception, arguing the lawsuit against him was filed beyond the one-year deadline. Ms. Crocker countered, claiming the timely filing of her medical malpractice claim against BRGMC suspended prescription for Mr. Zeno as a joint tortfeasor.

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

Published on: September 9, 2024 | By Berniard Law Firm

pexels-ganajp-18021337-scaled A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable.

Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related accident in 2011. He underwent multiple surgeries, including a total knee replacement. Subsequently, he experienced instability in his right knee, leading to falls and injuries to his left knee, left shoulder, right hip, and lower back.

Critical Issues in the Case:

Procedural Hurdle Stalls Hotel Guest Lawsuit Appeal in Louisiana

Published on: September 8, 2024 | By Berniard Law Firm

pexels-pixabay-164595-scaled In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment.

In 2014, a group of hotel guests filed a lawsuit against the Bourbon Orleans Hotel, alleging they were victims of a robbery and assault in their room. They claimed the hotel failed to provide adequate security. The hotel sought summary judgment, arguing the plaintiffs lacked evidence to support their claims. The district court granted the hotel’s motion.

The plaintiffs appealed the district court’s ruling. However, the Court of Appeal dismissed their appeal without prejudice, focusing on the wording of the district court’s judgment. The judgment lacked specific “decretal language,” clearly stating the parties involved, the ruling, and the relief granted or denied.