Negligence Claims

When is a Parent Company Responsible for the Safety of its Subsidiaries?

Published on: August 23, 2023 | By Berniard Law Firm

building_company_glass_building-scaled When an individual sustains an injury while on the job, the anticipation of receiving workers’ compensation to tide them over during their recovery is natural. Regrettably, situations arise where companies are unwilling to shoulder this responsibility. The scenario becomes more intricate when a parent company distances itself from its subsidiary’s actions, attempting to evade liability for workplace injuries. This particular Louisiana Court of Appeals case delves into corporate responsibility, illuminating the circumstances under which a parent company is held accountable for the safety measures enacted by its subsidiary entities.

Plaintiff, Truman Stanley, III, had his arm tragically severed at work when a defective oxygen cylinder exploded, and steel fragments broke off. He filed a personal injury lawsuit against Airgas USA seeking tort recovery. He later amended his complaint to include Airgas Inc., the parent company of Airgas USA, claiming it developed safety procedures and protocols and instructional materials/safety training that was inadequate and flawed, creating an unsafe workplace. Therefore, Stanley believed Airgas, Inc. should be liable in tort. The parent company moved for summary judgment stating it was immune from tort liability under the Louisiana Workers’ Compensation exclusive-remedy provision. The trial court ruled in favor of the defendant and granted summary judgment. Stanley appealed, claiming the trial court erred in finding the parent company immune from tort liability.

Louisiana Revised Statutes 23:1032 contains the exclusive-remedy provision under the Louisiana Workers’ Compensation Act, which states the employer and anyone who may act as the employer are immune parties. However, for the immunity to apply, it “must have been engaged at the time of the injury in the normal course and scope of the employer’s business.” Under Louisiana Revised Statutes 23:13, an employer’s legal duties that cannot be delegated include providing safe working conditions for employees. That being said, providing a safe work environment falls within the course and scope of every employer’s business. If the parent company took on Airgas USA’s role, Airgas Inc. would be immune from tort liability.

Lafourche Parish Court Demonstrates the Importance of Employee-Employer Relationship in Workers’ Compensation Cases

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

sugar_cane_fields_okinawa-scaled Unfortunately, accidents in the workplace are not uncommon. What happens, however, if you unknowingly signed an agreement making your employer immune from a liability claim? The following Lafourche Parish case outlines this predicament.

In September 2013, Neville Patterson signed multiple documents with Raceland Raw Sugar, LLC (RRS) and Raceland Equipment Company, LLC (REC) to haul sugar cane for the former. Included in this paperwork was an indemnification agreement identifying Patterson as the contractor and RES and RRS as statutory employers.

Two months later, Patterson created N-A-N Trucking, LLC (N-A-N) and started to operate his truck. Following this development, RRS began making checks from hauls payable to N-A-N. These checks were endorsed by Patterson, who continued to receive driver wages from REC.

Faulty Foundations: Battling the Dark Side of Medical Innovation – The Defective Medical Device Lawsuit Saga

Published on: August 14, 2023 | By Berniard Law Firm

old_medical_device-scaled Medical professionals are expected to uphold a standard of care in their practice. Unfortunately, life can present us with unfortunate circumstances where this standard is not met. When we experience injuries or worse due to the actions of those responsible for our treatment, healing, or diagnosis, medical malpractice claims can serve as a means to seek compensation and justice.

In a recent legal battle that captured attention, a lawsuit between Randy A. Roberts, Sr., Johnson & Johnson, Inc., and its subsidiary Ethicon, Inc., took an intriguing turn. Roberts alleges that he suffered injuries caused by a defective medical device manufactured by J&J, leading him to file a product liability lawsuit. However, a district court granted summary judgment in favor of the defendants, prompting an appeal.

Roberts claims that during a hernia repair surgery in 2006, a Prolene Hernia System (PHS) produced by J&J was implanted in his body. Subsequently, he experienced debilitating pain, requiring three surgeries in 2015 to remove the PHS due to an infection. Dissatisfied with the outcome, Roberts initiated legal action against J&J, seeking damages under Louisiana law.

Sufficient Evidence Essential To Establish Damages From Car Accident Lawsuits

Published on: August 7, 2023 | By Berniard Law Firm

car_racing_crash_accident-scaled In the aftermath of a car accident, the quest for justice often extends beyond determining fault, delving into the intricate realm of calculating damages. Even when the liability is undisputed, securing compensation can be laden with legal complexities. The following case unveils the story of Shelley Cooley, a collision victim navigating the labyrinth of litigation to ascertain the rightful compensation for her injuries. The journey sheds light on the indispensable role of compelling evidence, from medical testimony to personal accounts, in establishing the magnitude of damages in the aftermath of an accident.

Shelley Cooley was involved in a car accident where her car was hit from behind by a car driven by Timothy Adgate, who worked for the City of Shreveport. Cooley had to obtain medical treatment after the accident for pain in her knee, back, and neck. Cooley filed a lawsuit against Adgate and the City of Shreveport. The parties agreed the City of Shreveport was liable because Adgate was completely responsible for the accident while working as a police officer. The only issue at trial was the amount of damages owed to Cooley.

Cooley was the only witness to testify at trial. Medical evidence was presented through the deposition transcripts of various doctors. The trial court ruled the accident had exacerbated Cooley’s pre-existing medical issues but declined to award any damages for future medical expenses because the evidence about future medical expenses was speculative. The trial court awarded Cooley $50,000 in general damages and $79,508.66 for past medical expenses. Cooley filed an appeal.

Workers’ Compensation Settlements: Protecting Your Social Security Benefits and Rights

Published on: July 31, 2023 | By Berniard Law Firm

workers_road_workers_site-scaled Settling a lawsuit can have many far-reaching effects. Not only will it result in the dismissal of your lawsuit, but it could also affect things such as your social security benefits. Therefore, it is important that you consult with an attorney and carefully consider if a settlement is in your best interest. Additionally, as seen in this case, if you accept a settlement offer, you must ensure the related court order includes all required aspects so you do not have to deal with unintended consequences.

Kenneth Clark and his employer, Walgreens, reached a settlement related to Clark’s workers’ compensation claim. A workers’ compensation judge approved the settlement and entered a judgment dismissing the claim. Clark then petitioned the workers’ compensation judge to amend the judgment to include language to divide the indemnity part of his settlement across his lifetime. This proposed amendment would not change the total amount of the settlement. Clark wanted this amendment so the Social Security Administration could pro-rate the settlement so it could calculate the required disability offset. Walgreens objected to this amendment. After a hearing, a workers’ compensation judge entered an amended order reflecting Clark’s requested language. Walgreens appealed.

On appeal, Walgreen argued the trial court did not have jurisdiction to amend the initial order approving Clark’s settlement with Walgreens. La. R.S. 23:1272 governs the settlement of workers’ compensation claims. This statute has many safeguards for preventing an employee from being pressured to improperly settle his or her claim. Courts are to liberally construe workers’ compensation law in favor of workers to protect them from the burden of workplace injuries.

Harvey Man Denied Damages For Truck Falling On Foot, Importance of Proof in Lawsuits

Published on: July 29, 2023 | By Berniard Law Firm

feet_tangerm_c3_bcnde-scaled If part of a car falls on you at a vehicle yard, you should be able to recover damages for your injuries from the yard owner. However, if you do not provide sufficient evidence, you will likely be unable to recover for your injuries.

While Rico Lee was a customer at a Pull-A-Part vehicle yard in Harvey, Louisiana, he was injured when the rear of a pickup propped up on rims fell on his foot. He filed a lawsuit against Pull-A-Part and their insurer, claiming he was injured when the pick-up truck in Pull-A-Part’s control and control fell on his foot, injuring him. At trial, the jury found Pull-A-Part was not negligent. Lee appealed.

On appeal, Lee argued the jury erred in finding in favor of Pull-A-Part, and the trial court erred by not instructing the jury about res ispa loquitor. Res ispa loquitor is a legal doctrine that allows a court to find negligence by the mere fact that the accident occurred by using circumstantial (not direct) evidence. See Cangelosi v. Our Lady of the Lake Reg’l Med. Ctr. Here, La. C.C. art. 2317.1 required Lee to show the truck was in Pull-A-Part’s custody or control; it had a defect that resulted in an unreasonable risk of harm, Pull-A-Part knew or should have known about this unreasonable risk, and the defect caused his injury.

How To Determine Personal and Subject Matter Jurisdiction in Car Accident Lawsuit

Published on: July 28, 2023 | By Berniard Law Firm

district_court_h_c3-scaled If you’ve been involved in a car accident and are considering filing a lawsuit, it’s essential to be aware of one crucial aspect often overlooked – the appropriate court venue. Venue refers to the location where a lawsuit is filed, and getting it right is crucial for the court to have jurisdiction, granting it the legal authority to issue judgments in the case.

Cea Tillis was involved in a car accident on Frenchmen Street. He filed a lawsuit against the driver of the other vehicle involved in the accident, Jamal McNeil, and his insurance company (the defendants) in the Second Parish Court for the Parish of Jefferson. Tillis asserted Jefferson Parish was the proper venue under La. C.C.P art. 74, which allows a lawsuit to be brought in the location where the accident occurred or where the damages were sustained.

McNeil countered Jefferson Parish was not the proper court because the accident occurred outside the court’s jurisdiction, and Tillis did not live in the applicable area. The defendants argued the court did not have personal or subject matter jurisdiction and could not enter a judgment in the case. The Second Parish Court eventually transferred the case to the First Parish Court. The First Parish Court ruled in favor of the defendants, finding there was no personal or subject matter jurisdiction. The court then dismissed Tillis’ lawsuit, and he appealed.

Terminated Employee Not Entitled to Additional Unpaid Wages

Published on: July 27, 2023 | By Berniard Law Firm

worker_inspects_construction-scaled Getting terminated from a job is always a stressful situation. You are likely concerned about how you are going to make ends meet. This is even more true if you believe your former employer has not paid you all the wages you are entitled to.

Rick Calamia worked for Core Lab for under a year. He was terminated from his job. He claimed he was owed various unpaid wages, which Core Lab denied. Calamia filed a lawsuit against Core Lab under La. R.S. 23:631 for his purportedly unpaid wages and associated penalties, fees, and costs. Calamia claimed he was owed $1,808.16 for 73.8 hours of work, consisting of 7 hours of time entry pay, 16 hours of holiday pay, 49 hours of PTO, and 3.34 hours of Extended Illness Break hours, as well as 90 days of penalty wages.

Core Lab argued Calamia had been paid everything to which he was entitled. One of the witnesses at trial was Cerly Watson, Core Lab’s payroll manager. She testified about the payroll procedure at Core Lab, including the two-week lag between when an employee submits a timecard and when it is reconciled on a pay statement. She testified about Calamia’s pay statements that were at issue in the lawsuit and explained how the discrepancies were later reconciled. At trial, the court ruled in favor of Core Lab and found Calamia was not entitled to additional wages. Calamia appealed.

What Constitutes a Violation of a Prisoner’s Constitutional Rights?

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

prison_jail_cell_cell_0-scaled Prisoners, like all individuals, retain their constitutional rights even while incarcerated. However, proving a violation of these rights within the prison system can be challenging, as demonstrated in the following case. This case considers what a prisoner must show to succeed in a lawsuit against a prison supervisor alleging a constitutional violation.

Kyle Smith Hauenstein was imprisoned at Rapides Parish Detention Center -1 (“RPDC-1”). He filed a lawsuit against the Rapides Parish Sheriff, William Hilton, and the Assistant Warden, Pat Ashley. He alleged Hilton and Ashley violated 42 U.S.C. § 1983 by delaying providing him adequate medical treatment after his right foot developed an infection. He claimed they were “deliberately indifferent” to his serious medical needs.

Sheriff Hilton filed a summary judgment motion, arguing qualified immunity prohibited the Section 1983 claims from being brought against him in his individual capacity. The trial court denied Sheriff Hilton’s summary judgment motion, finding qualified immunity did not prohibit Hauenstein from bringing the Section 1983 claims against Hilton in his individual capacity. Hilton appealed.

Double Recovery in Helicopter Injury Case?

Published on: July 24, 2023 | By Berniard Law Firm

helicopter_adac_rescue_helicopter-scaled If you do a favor for your boss outside of work and are injured, can you still sue for workers’ compensation benefits? This is a complex question dependent on the facts of a case. Workers’ compensation is only available for injuries suffered during employment. If the court finds that the favor was outside the scope of employment, an injured employee may only recover tort damages. In the following case, the appellate court reversed a finding of workers’ compensation in favor of tort liability. In this case, the injured worker fought against a reduction of award to offset the workers’ compensation benefits already paid to the plaintiff.

LaFayette truck driver Tommie Hebert was employed by Industrial Helicopters, Inc. as a commercial fuel transporter for nearly 30 years. Industrial Helicopters primarily served as an aerial herbicide application company. The owner of Industrial Helicopters also owned Game Management, Inc. Game Management leased hunting land and operated deer tracking and capturing surveys. His boss’s son asked Herbert to work as a deer netter on a Game Management helicopter survey. During the survey, Herbert fell from the helicopter to the ground and was seriously injured. The status of workers’ compensation became muddled because of the dual businesses.

Hebert was originally granted workers’ compensation benefits because he was found to be within the scope of his job at Industrial Helicopters when he fell. On appeal, Hebert was conversely found to be outside the scope of employment during the deer netting. Industrial Helicopters was only liable for tort damages based on this finding. Hebert additionally motioned for his court costs to be paid by the defendant.