Louisiana Court of Appeal

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.

When Ignoring Student Debt Comes Back to Bite: Xavier University Wins Key Court Battle

Published on: September 21, 2024 | By Berniard Law Firm

pexels-pixabay-159740-scaled In a recent ruling highlighting the importance of responding to legal actions, the Louisiana Court of Appeal, Fourth Circuit, sided with Xavier University of Louisiana in a case involving unpaid student debt. The court reversed a lower court’s decision, granting Xavier University a preliminary default judgment against a former student, Elemuel Coleman.

Xavier University filed a lawsuit in 2015 seeking to recover over $21,000 in student loan debt from Coleman. After initial attempts to serve Coleman through the sheriff’s office failed, the court appointed a private process server. The process server successfully delivered the legal documents to Coleman’s residence, leaving them with a person of suitable age and discretion who also lived there.

Despite being served, Coleman failed to respond to the lawsuit within the required timeframe. Xavier University then filed a motion for a preliminary default judgment, a legal maneuver that can lead to a judgment in favor of the plaintiff if the defendant fails to respond to the lawsuit.

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.

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 Grapples with Complexities of Adoption in Wrongful Death Case

Published on: September 16, 2024 | By Berniard Law Firm

pexels-fotios-photos-1909015-scaled A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

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.

Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

Published on: September 14, 2024 | By Berniard Law Firm

pexels-kindelmedia-7688374-scaled In a recent ruling, the Louisiana Court of Appeal, Third Circuit, affirmed a trial court’s decision denying Amanda Bertrand’s claim for penalties and attorney fees against her underinsured/uninsured motorist (UM) insurer, Progressive Security Insurance Company. The case stemmed from a dispute over the timeliness of Progressive’s payment following Ms. Bertrand’s demand for the limits of her UM coverage.

Ms. Bertrand was injured in a car accident in 2012. The at-fault driver’s insurance company, Farm Bureau, tendered its policy limits of $15,000 in early 2013. Subsequently, Ms. Bertrand notified Progressive, her UM insurer, of the accident and demanded payment of her $15,000 UM policy limits.

Progressive received Ms. Bertrand’s demand letter but requested an additional medical record from her treating physician. Upon receiving this record, Progressive promptly issued payment. However, due to a communication issue, Ms. Bertrand’s attorney indicated that the payment had not been received, leading Progressive to stop the initial payment and reissue it.

Procedural Hurdle Stalls Hotel Guest Lawsuit Appeal in Louisiana

Published on: September 8, 2024 | By Berniard Law Firm

pexels-pixabay-164595-scaled In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment.

In 2014, a group of hotel guests filed a lawsuit against the Bourbon Orleans Hotel, alleging they were victims of a robbery and assault in their room. They claimed the hotel failed to provide adequate security. The hotel sought summary judgment, arguing the plaintiffs lacked evidence to support their claims. The district court granted the hotel’s motion.

The plaintiffs appealed the district court’s ruling. However, the Court of Appeal dismissed their appeal without prejudice, focusing on the wording of the district court’s judgment. The judgment lacked specific “decretal language,” clearly stating the parties involved, the ruling, and the relief granted or denied.