Negligence Claims

Stairway to Dismissal: Missed Deadline Leads to Summary Judgment in Injury Case

Published on: December 11, 2024 | By Berniard Law Firm

stairs_away_gradually_rise-scaled This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them.

Case Background

Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in the staircase caused his injuries. The City filed a motion for summary judgment, which the Koubas opposed. However, they missed the deadline to file their opposition and requested a continuance (postponement) of the hearing. The trial court denied their request and granted summary judgment in favor of the City.

Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

Published on: December 11, 2024 | By Berniard Law Firm

medical_instruments_examination_424729-scaled The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it.

Case Background

Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel had previously reviewed the case and found no breach of the standard of care by Dr. Jameel. Despite this, Claire proceeded with her lawsuit. The trial court granted summary judgment in favor of Dr. Jameel, and Claire appealed.

Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

Published on: December 11, 2024 | By Berniard Law Firm

crop_rows_agriculture_field-scaled The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land.

Case Background

Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed that the construction activities damaged their crops and required costly remediation efforts. The trial court ruled in favor of Lanie Farms, awarding them $38,000 in damages. However, Lanie Farms appealed, arguing the award was insufficient. CLECO and Highlines also appealed, claiming the court should have dismissed the case.

Who’s Responsible When a Step Collapses?

Published on: December 11, 2024 | By Berniard Law Firm

rots_rotten_wood_wood-scaled The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury.

Case Summary

Melanie Mark was injured when a wooden step on a cabin staircase collapsed at a KOA campground in Lafayette, Louisiana. She sued KOA, claiming they were negligent in maintaining the property. However, the trial court granted summary judgment in favor of KOA, finding that Ms. Mark failed to prove KOA had any knowledge of the defect in the stairs. Ms. Mark appealed this decision.

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.