pexels-mikebirdy-11985980-scaledPatricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet as part of a recall. Spann sued Gerry Lane, alleging negligence in the repair and the hiring and training of their mechanics.

The legal journey was not a smooth one. Initially, the trial court dismissed Spann’s case, granting Gerry Lane’s motion for summary judgment due to a perceived lack of evidence. However, Spann fought back, securing a new trial based on additional evidence from her expert witness.

This expert, a mechanical engineer, had conducted multiple inspections of Spann’s car, ultimately concluding that the power steering system failed due to improper installation. Gerry Lane challenged the admissibility of this expert’s testimony, arguing it lacked scientific basis and that some inspections violated a court order. However, the court allowed the testimony, stating that challenges to the expert’s conclusions were about the weight of the evidence, not its admissibility. The court also determined that while the inspections without the defendants present were “troubling,” there was no evidence of intentional wrongdoing.

pexels-skitterphoto-4341-scaledWe’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2013, Daisy Foto was shopping at a Rouse’s store in Louisiana. She slipped on a clear liquid on the floor, fell, and sustained injuries. Foto sued Rouse’s, claiming they were responsible for her injuries because they either created the hazardous condition, knew about it, or should have known about it.

Rouse’s argued they had no liability because Foto couldn’t prove they created the spill, knew about it beforehand, or that it had been there long enough for them to reasonably discover and clean it up. They presented evidence of a store inspection conducted earlier that morning, showing no hazards were noted.

pexels-elevate-1267324-scaledInjuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result.

James Thomas was a forklift operator for Marsala Beverage Company (“Marsala”) in Monroe, Louisiana. In addition to operating forklifts, Thomas routinely moved cases of drinks by hand and performed janitorial duties around the facility. On one occasion, when Thomas was operating a forklift to unload pallets of drinks, the forklift fell out of the back of a delivery truck, landing several feet below onto concrete.

After the fall, Thomas visited Marsala’s company doctor, Dr. George Woods, complaining of pain in his back. Dr. Woods examined Thomas and ordered x-rays, which showed no evidence of fractures in Thomas’s spine. During the visit, Thomas explained to Dr. Woods that he wanted to return to work as soon as possible to receive bonus compensation based on the number of hours he worked that week. Dr. Woods cleared Thomas to return to work, which he did even though he continued to experience back pain.

pexels-frans-van-heerden-201846-635096-scaledDavid Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to the loading dock. There is an empty space between the back of the truck and the loading dock without a dock plate. In addition, Cox found that the loading dock was cluttered with several objects. Due to this clutter, Cox could not use a forklift to unload the truck.

Working alone, Cox managed to get two pallets off the truck with a pallet jack but then used a dolly for the last two pallets. While attempting to get the previous pallet off the truck, Cox’s foot became wedged between the dock and the truck, causing him to fall on his back. Cox filed a lawsuit as a result of being injured.

In the lawsuit Cox alleged that this fall caused him to have permanent injuries that made him disabled. The injury resulted in Cox receiving worker’s compensation benefits. Cox filed a lawsuit against Baker, arguing that the lack of a working dock plate made the dock unreasonably dangerous, that the lack of a dock plate was not easily visible to parties making deliveries to the warehouse, and that Baker had a duty to provide a safe entrance for parties unloading at the dock.

pexels-dominika-kwiatkowska-1796968-3368844-scaledSometimes, 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.

pexels-cottonbro-3957986-scaledNurses 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.  

pexels-kindelmedia-7714731-scaledTo 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”).

pexels-ann-h-45017-3095954-scaledOn-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.

pexels-pixabay-372810-scaledIn cases involving multiple defendants, courts are frequently asked to dismiss some or all of the parties because no set of facts can allow a case to proceed. Defendants will point the finger at their counterparts in hopes of securing a dismissal for themselves. However, the dismissal of even just one defendant can mean the loss of significant compensation for the party bringing the lawsuit. In a recent injury case out of Baton Rouge, a family was able to get their day court despite the best efforts of their opponent.   

Calandra Carr and her two children, Louis Carr, Jr., and Ciara Carr, were all riding in their van when they were in line to use the Geaux Clean Express Car Wash behind Jeffrey Dykes. Anthony Amedee was in front of Mr. Dykes’ vehicle when Mr. Amedee’s vehicle moved backward, striking Mr. Dykes vehicle, which in turn, hit the Carr’s van. This collision caused injuries, damages, and losses, which Carr’s argument caused because Mr. Amedee failed to maintain proper vehicle control.  The Carr’s also claimed that Geaux Clean failed to maintain the car wash properly and that their negligence was also a cause of the collision.

The Carrs filed a lawsuit against Anthony Amedee and his liability insurer, Louisiana Farm Bureau Casualty Insurance Company (“Farm Bureau”), Geaux Clean Express Car Wash (“Geaux Clean”) and its insurer, Ohio Security, and Allstate Property and Casualty Insurance Company (“Allstate”) as the Carrs’ UM insurers.

workers_construction_worker_work-1-scaledUnfortunately, 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.

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