Articles Posted in Random Miscellaneous

jail_bars_old_historyA personal injury claim requires following specific rules and procedures to ensure a fair and just resolution. For Joseph Barlow, who slipped and fell while detained at the Lafayette Correctional Facility, his failure to adhere to the correction center’s administrative remedies became critical. This article examines the consequences Barlow faced when he disregarded the proper procedures and highlights the significance of following the established protocols.

Joseph Barlow was detained at the Lafayette Correctional Facility, where he slipped and fell in a puddle of water on two different occasions. Barlow claims an open pipe allowed water to overflow onto the floor. He filed a lawsuit against the Director of Corrections for Lafayette Parish, the Sheriff of Lafayette Parish, and the insurance company for injuries sustained to his neck and back. The defendants filed an exception of prematurity, claiming Barlow did not look at all of the remedies provided by the correction center’s handbook. The defendants also filed an exception of prescription and abandonment. A trial court sustained all of the defendants’ motions, and Barlow’s claims were dismissed. Barlow appealed.

In the appeal, Barlow claimed the trial court erred in granting the exception of prematurity. He first argued the handbook did not mention the procedures for injury claims resulting from negligence. He then argued the defendants had notice of the danger from the pipe. Lastly, Barlow claimed he did not receive an up-to-date handbook and was not informed of its alterations.

court_justice_interior_architecture-scaledThe separation of property between spouses is a legally recognized process, allowing them to transfer assets. However, what happens when this separation is done with fraudulent intent? In the case of Kathryn and Paul Holland, creditors accused the couple of fraudulently dividing their assets to avoid payment. The creditors filed a motion to intervene in the divorce proceedings, alleging that the Hollands knew about pending civil lawsuits against them. Despite their objections, the trial court granted the motion filed by Ms. Holland, prompting the creditors to appeal the decision. The following post summarizes the appeal. 

DeRamus and David Hodge filed a sexual battery lawsuit against Paul Holland, who was married to Kathryn Holland. Hodge died before the matter was settled. The trial court awarded one hundred thousand dollars in damages to DeRamus and the Estate of David Hodge. Before the lawsuit’s completion, Holland pled guilty to sexual battery in a different lawsuit and was sentenced to twenty-two years in prison. Mr. and Mrs. Holland separated during this time and sought to divide their assets with a separation of property agreement. Ms. Holland filed for divorce based on Mr. Holland’s felony conviction. Her petition was granted.  

The creditors filed a Motion to Intervene in the divorce proceedings in which they alleged the Hollands knew of the civil lawsuits against them and sold their assets to avoid payment. Ms. Holland filed a motion arguing there was no cause of action. The trial court granted her motion, which prompted an appeal from the creditors. 

hospital_nurse_patient_child-scaledWhen pursuing a legal claim against an employer regarding adverse employment actions, it is crucial to grasp the necessary elements required for a successful case. Failure to establish all essential components can result in the dismissal of your claim. The following lawsuit examines the circumstances of Lori Rayborn, a nurse at a high school in Bossier Parish, who faced alleged retaliation after expressing concerns about the administration’s handling of a student’s health needs. Despite her efforts to seek legal redress, Rayborn’s claims were ultimately dismissed.

Rayborn worked as a nurse at a High School in the School System in Bossier Parish.  A diabetic student at the school, RNM, committed suicide due to her classmates’ bullying. Rayborn said she had recommended RNM receive special accommodation, but the student said she did not want to be profiled in the yearbook as having a disability. About a week before RNM’s death, Rayborn treated the student for high glucose levels. 

After RNM’s death, the parents filed a lawsuit against the Bossier Parish School Board. As part of the lawsuit, Rayborn’s notes related to her treatment of RNM were subpoenaed. Rayborn’s supervisors met with her to talk about the notes. Rayborn expressed concerns about how the school dealt with RNM’s health needs. Rayborn claimed after the meeting, her bosses treated her differently. There were later medical incidents at the school Rayborn was not informed about until after 911 was called. Rayborn was subsequently transferred to another school. She filed two grievances, but the Board took no action. Rayborn eventually resigned. 

church_interior_0-scaledWe have all heard that “good fences make good neighbors.”  But what happens when there is a dispute about the boundary of two pieces of property? The following conflict between New Fellowship Baptist Church and the Beals, who found themselves at odds over the boundary of their adjoining properties, helps answer this question. The dispute raises questions about the concept of acquisitive prescription, the importance of possession, and the determination of boundaries. By carefully examining the trial and appellate court’s rulings, we gain insights into the legal principles and the significance of seeking professional advice in property-related conflicts.

New Fellowship Baptist Church, located in Delhi, Louisiana, was established in 1919. Florenda and Kathy Beals purchased property located adjacent to the church. The Beals sent the church a notice of trespass warning and told the church it needed to remove its structures and other movable items on its property. 

Under La. C.C. art. 3486, a person can acquire property, even without title or possession in good faith, by prescription of 30 years.  At trial, multiple witnesses had testified that New Fellowship had had a choir stand in the location for at least 30 years. Other witnesses testified about maintenance services the church had provided and New Fellowship’s indoor plumbing. The trial court ruled in favor of New Fellowship and dismissed the Beals’ trespass claims. 

insurance_damage_repair_checklist-scaledThe process of filing insurance claims can be time-consuming, demanding careful attention from all parties involved. In a recent ruling by the First Circuit Court of Appeal in Louisiana, the importance of timely and exhaustive pursuit of administrative remedies before seeking judicial review in insurance payment disputes was underscored. The case of Southern Framers of Louisiana, LLC (Southern Framers) sheds light on the consequences of premature legal action, emphasizing the need to explore alternative avenues, such as administrative proceedings, before resorting to the courts. Through an examination of Southern Framers’ dispute with a healthcare provider, this ruling serves as a valuable reminder for future litigants to exhaust administrative remedies diligently and consider the proper timing and procedures in pursuing legal recourse.

After Rafael Diaz (Mr. Diaz) injured his shoulder during the scope of his employment with Southern Framers, he underwent rotator cuff surgery which Dr. Richard Texada performed at Doctor’s Hospital of Slidell d/b/a Sterling Surgical Hospital (Hospital). Following Mr. Diaz’s surgery, the Hospital sent a bill for $33,133.41 to Southern Framers’ insurance carrier Louisiana Homebuilders Association-Self Insured Fund (Carrier). On behalf of Southern Framers, the Carrier paid $8,887.80 to the Hospital, indicating what they believed was a “reasonable reimbursement for services” in Mr. Diaz’s surgery. As a result, the Hospital filed an administrative review according to their rights within Louisiana Administrative Code Title 40, pt. I, § 5149 (Title 40), for this underpayment of the Hospital’s services.

Neither Southern Framers nor the Carrier responded to the administrative review. Instead, they filed a “Disputed Claim for Compensation” with the Office of Workers’ Compensation (OWC), stating that the unpaid portion of the original $33,133.41 bill was unreasonable. Southern Framers took this claim further, alleging that even the $8,887.80 previously paid to the Hospital by the Carrier was an overpayment and demanded reimbursement. The Hospital responded to the OWC complaint, raising multiple objections, including prematurity, and disputing the claims for reimbursement. At the hearing, the OWC judge sustained the Hospital’s prematurity objection, finding that Southern Framers and the Carrier failed to follow the administrative remedies of Title 40. The OWC judge called this claim “an attempt to circumvent the procedure that’s supposed to streamline and make the payments go quicker and faster without going through the hearing process.”

prison_cell_slammer_prison-scaledIn a society built upon the principles of justice and fairness, few experiences can be as devastating as being wrongfully accused of a crime, subsequently arrested, and imprisoned for a wrongdoing one did not commit. The ramifications of such a traumatic ordeal can be profound, leaving individuals grappling with profound emotional, psychological, and even physical consequences. In the face of such injustice, victims must be allowed to seek justice and hold accountable those responsible for their unwarranted suffering. 

This article delves into the harrowing reality of false arrest and wrongful imprisonment, highlighting the importance of legal recourse and the pivotal role of experienced attorneys in navigating the complex legal landscape to secure redress and restore the shattered lives of the innocent.

On May 4, 2015, Marlon Eaglin and Paul Powell were falsely accused of participating in an alleged shooting by two other suspects and were then arrested on attempted murder charges. The two were held in prison until August 21, 2015. On April 29, 2016, Eaglin filed a lawsuit seeking damages against the Eunice Police Department, the Chief of Police, Chief Randy Fontenot, and the City of Eunice, claiming he was falsely arrested and imprisoned by Eunice Police.

oil_oil_production_oil-scaledSafeguarding your property rights is of utmost importance, as the consequences of inadequate protection can be far-reaching. While oil and gas rights disputes may not directly affect the average citizen, other property-related conflicts can significantly impact individuals and their assets. In such complex situations, navigating the intricacies of property laws requires the expertise of an experienced attorney who can empower you with a clear understanding of your rights, ensure the legal protections you are entitled to, and advocate on your behalf. The following lawsuit shows the importance of expert counsel in understanding your property rights. 

In 2011, a dispute arose over a large drilling unit’s oil and gas rights. Chesapeake Operating (“Chesapeake”) was the unit’s appointed operator and a lessee of mineral interests for a portion of the unit. TDX Energy (“TDX”) was also a lessee for a part of the unit. The unit’s drilling began in February 2011 and ended in July 2011. TDX’s leases to its oil and gas interests had not been recorded until after the drilling had been completed in September 2011. 

Later in 2011, TDX made Chesapeake aware of its leases and requested accounting reports, as required under Louisiana’s Title 30, section 103.1. After six weeks, having yet to receive a response, TDX again notified Chesapeake of how it had failed to comply with the law. Chesapeake eventually responded with a letter to TDX, requesting TDX decide whether it would participate in the unit well’s risk under section 10(A) of the statute. TDX responded by disagreeing, stating it was not required by law to opt-in or out and that Chesapeake did not provide the accounting reports; it forfeited its rights to contribution to drilling costs.

tractor_red_tractor_red-scaledWhen an item is repaired, it is reasonable to expect it to be safe and free of defects upon its return. However, when an injury occurs after a product’s repair, the injured party is entitled to seek damages. For example, Joe McPherson suffered a knee injury after the battery compartment of a tractor, which Ronald Dauzat repaired, fell apart. The question of negligence and responsibility arose, leading to a legal dispute and subsequent appeal.

Dauzat sold his old tractor to McPherson. However, it did not function properly, so Dauzat took it in for repairs. Dauzat notified McPherson the tractor was ready to be picked up. When McPherson arrived at the shop, Dauzat was not there. But two men he assumed were employees permitted him to mount and inspect the tractor. When McPherson tried to demount, the battery compartment fell apart, and he fell and wounded his knee

McPherson filed a lawsuit against Dauzat for his injury. His complaint alleged the defective tractor caused his injuries. He stated that his injury would have been prevented if the battery box had been firmly latched. Dauzat filed an involuntary dismissal and claimed McPherson failed to present evidence that the unlatched box was the cause of his fall. 

truth_newspaper_news_printed-scaledHonesty is always the best policy. This proverb rings especially true in the legal system, where truthfulness and transparency are vital to maintaining the legal process. Failure to tell the truth or even a mistake in remembering the facts can bring severe consequences, as Mark and Paulette Moore discovered after a car accident on Interstate 10 in Iberville Parish.

Russell Charles was driving his vehicle and pulling a flatbed trailer when a pick-up driven by Mark Moore suddenly rear-ended him. The pick-up was the property of Moore Leasing LLC, a company Mark and Paulette Moore, Mark’s wife, owned together and insured by State Farm.

About six months after the accident, Moore signed an affidavit stating he was not in the course of employment when the car accident occurred and that the State Farm policy was the only liability insurance available that would give Charles coverage for the injuries from the accident.

biker_motorcycle_stunt_man_0-scaledEven if you have a unique job like a stunt performer, you can still get brought down to Earth by the complexities of determining what your insurance policies do and do not cover if you are involved in an insurance coverage dispute. In that case, it is important to understand the plain language of your insurance contract, how different provisions in the policy interact, and how courts interpret insurance policies. 

Joshua Petrozziello worked as a professional stunt performer at Flypaper Productions. He was injured when a piece of equipment malfunctioned while performing a stunt as part of a movie product. As a result, he filed a lawsuit against Noway, Inc., who had manufactured and operated the equipment, and Employers Fire Insurance Company, who issued Flypaper’s primary and excess general liability policies. 

The parties settled all claims except Petrozziellos’ lawsuit against the excess liability policy from Employers Fire Insurance Company. That insurance policy had an exclusion for injuries sustained by an “employee of any insured” during and during employment. The Petrozziellos argued that this employee-injury exclusion had to be interpreted harmoniously with the “Separation of Insureds” policy provision. They claimed because Petrozziollo was not an employee of Noway, the exclusion did not apply. The trial court agreed with this argument and granted summary judgment in their favor. 

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