Louisiana

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 Injury and Subsequent Leave: When is Compensation Due?

Published on: September 10, 2024 | By Berniard Law Firm

pexels-jmeyer1220-668300-scaled Navigating the complexities of workers’ compensation claims can be challenging, especially when subsequent health issues and leaves of absence are involved. A recent case highlights the importance of understanding the nuances of Louisiana workers’ compensation law and the critical role of proving causation in obtaining benefits.

Jerry Neal, Jr., a radiology technician, sustained a back injury while lifting a patient at St. Tammany Parish Hospital in 2014. He returned to work on modified duty and eventually full duty. However, he re-injured his back in a similar incident in 2015. Again, he was placed on modified duty but later took a leave of absence for an unrelated neck surgery. When his leave expired, he was terminated because he was not medically cleared to return due to his neck, not his back. Subsequently, he filed for workers’ compensation benefits, claiming he was unable to work due to his back injury.

The court’s decision hinged on whether Mr. Neal’s inability to work was directly caused by his work-related back injury or his non-work-related neck surgery. The court also examined whether he was entitled to temporary total disability (TTD) or supplemental earning benefits (SEB).

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

Published on: September 7, 2024 | By Berniard Law Firm

girl-with-red-hat-oaKGY3tYVvw-unsplash-scaled In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.

The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.

The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.

Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts?

Published on: September 6, 2024 | By Berniard Law Firm

pexels-riciardus-185801-scaled In the realm of workers’ compensation, the interplay between physical injuries and mental health can be complex. A recent Louisiana Court of Appeal decision highlights the challenges faced by workers seeking compensation for mental health conditions arising from workplace injuries. The case involved a police officer who developed psychological issues after a back injury, and the court’s ruling underscores the high standard of proof required for such claims.

Bea Angelle, a police officer, sustained a back injury while on duty. She received temporary total disability benefits (TTDs) from her employer, the City of Kaplan Police Department. Later, these benefits were converted to supplemental earnings benefits (SEBs), which are paid when an employee can return to work but earns less due to their injury.

However, the City of Kaplan terminated Angelle’s SEBs based on a vocational rehabilitation consultant’s assessment that she could return to some form of employment. Angelle disputed this decision, arguing her psychological condition, stemming from her physical injury, prevented her from working.

Slipping in Stores: When Does the Store’s Responsibility Kick In?

Published on: September 5, 2024 | By Berniard Law Firm

pexels-victoria-strelka_ph-128225472-10612266-scaled We’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 Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2016, Douglas Barton was shopping at a Walmart store in Alexandria, Louisiana, during a rainy day. As he entered the store, he slipped on a wet spot on the floor, fell, and sustained injuries. He sued Walmart, claiming they were negligent in maintaining a safe environment for their customers.

Walmart denied liability, arguing that they had no knowledge of the wet spot and that it likely occurred moments before Barton entered the store due to the wind blowing rain inside. They presented evidence of an inspection conducted earlier that morning, which had not noted any hazards.

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

Published on: September 4, 2024 | By Berniard Law Firm

pexels-pixabay-356040-1-scaled A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of the hospital, but the Court of Appeal reversed this decision, highlighting the necessity of expert evidence to resolve complex medical malpractice claims.

Lori Mariakis presented to the emergency department at North Oaks Hospital with severe abdominal and vaginal pain. She was diagnosed with a colitis flare-up and discharged. Five days later, she returned with worsening symptoms and was diagnosed with constipation. However, her condition deteriorated, and she was admitted to another hospital, where she tragically passed away.

Her sons sued North Oaks Health System, alleging that the hospital’s negligence in diagnosing and treating their mother led to her death. The medical review panel initially found no evidence of malpractice. However, the plaintiffs presented an expert witness, Dr. Robert V. West, who opined that the care provided by North Oaks fell below the applicable medical standard of care and caused Ms. Mariakis’s death.

Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines

Published on: September 3, 2024 | By Berniard Law Firm

pexels-yury-kim-181374-585419-scaled In the realm of workers’ compensation, ensuring injured employees receive necessary medical treatment can sometimes be a battle. A recent Louisiana Court of Appeal decision, Deubler v. Bogalusa City Schools, highlights the complexities surrounding the Louisiana Medical Treatment Guidelines and the process of obtaining authorization for treatment. This case serves as a reminder of the importance of adhering to these guidelines while also recognizing the need for flexibility when circumstances warrant it.

Irvin Deubler, an employee of Bogalusa City Schools (BCS), suffered a lower back injury at work. He was receiving workers’ compensation benefits and sought treatment from Dr. Flagg for his chronic pain. Dr. Flagg recommended an MRI and a psychological evaluation to determine if Deubler was a candidate for a spinal cord stimulator (SCS) trial, a potential treatment option for his pain.

BCS’s insurer, LUBA Casualty Insurance Company, denied these requests, prompting Dr. Flagg to appeal to the Office of Workers’ Compensation (OWC). The OWC’s associate medical director approved the requests, but LUBA and BCS further appealed to the OWC judge.

Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

Published on: September 2, 2024 | By Berniard Law Firm

pexels-aleksandr-neplokhov-486399-1230677-scaled A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld a modest damage award, emphasizing the plaintiff’s burden to prove a direct causal link between the accident and the claimed injuries.

Douglas Pourciau was rear-ended by Dennis Melville at an intersection in Baton Rouge. While the accident was minor, Pourciau claimed it aggravated his pre-existing back and neck pain. He sued Melville and his insurer, State Farm, for damages.

The trial court found Melville partially at fault but awarded Pourciau only a modest amount in general damages, citing the lack of evidence linking his ongoing pain to the accident. Pourciau appealed, seeking a higher award and additional damages for future medical expenses and loss of use of his vehicle.

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

Published on: August 31, 2024 | By Berniard Law Firm

pexels-markusspiske-97047-scaled A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While the injury was unfortunate, the court ultimately sided with the hotel, highlighting the necessity of establishing the property owner’s knowledge of the hazard.

Casey Krueger and his family were staying at a La Quinta Inn & Suites in Baton Rouge when he cut his foot on broken glass in the pool. Although the jury acknowledged there was a defect on the premises, they found the hotel not liable because they didn’t have actual or constructive knowledge of the hazard.

Krueger appealed, arguing that the hotel should have known about the broken glass and that the doctrine of “res ipsa loquitur” should apply, allowing negligence to be inferred from the circumstances of the injury.