Summary Judgment

Unveiling the Struggle for Accessibility: Lawsuit Dismissal Sheds Light on Systemic Challenges

Published on: August 4, 2023 | By Berniard Law Firm

sydney_prison_offshore_prison-scaled Imagine the hardships of being denied basic necessities solely because of a disability. In such cases, how can individuals with disabilities navigate the legal system to seek justice and equal treatment? These questions gain significant relevance when we examine recent allegations of denied accommodations and rights violations. This situation sheds light on the challenges confronted by individuals with disabilities and raises important considerations regarding the responsibility of institutions to provide reasonable accommodations. The pursuit of justice and equal rights is a fundamental principle in any democratic society, yet there are instances where individuals encounter substantial obstacles, particularly in cases involving accessibility rights.

Sherman Mealy, a paraplegic confined to a wheelchair, faced significant difficulties while in East Baton Rouge Parish Prison. After his release, he filed a lawsuit against Sheriff Sid J. Gautreaux III, the City, and Parish. Mealy alleged that he was denied wheelchair-accessible showers and had to rely on other inmates for assistance. He also claimed that he was denied crucial medical supplies, resulting in physical injury, property damage, and emotional distress.

Mealy’s lawsuit was based on violations of the Americans with Disabilities Act (ADA), Rehabilitation Act, and 42 U.S.C. § 1983. The ADA, Rehabilitation Act, and 42 U.S.C. § 1983 aim to protect the rights of individuals with disabilities. These laws ensure equal access to public services, prohibit disability-based discrimination and enable individuals to seek remedies for rights violations. Mealy argued that the defendants failed to provide reasonable accommodations for his disability. Denying him wheelchair-accessible showers and essential medical supplies worsened the challenges he faced during his incarceration.

Louisiana Appellate Court Cannot Review Merits Of Case Without Final Valid Judgment

Published on: August 1, 2023 | By Berniard Law Firm

fire_house_burns_cemetery-scaled Mistakes are inevitable in human experiences, but some mistakes can have significant legal consequences. Just like regular folks, courts are infallible and make mistakes as well. What happens when a court fails to include all required information in a judgment? Such a failure creates confusion and can impede the appeals process and delay justice for the parties involved, as seen in the following case.

Unfortunately, a house fire occurred at the home where Thomas Bayer and Laura Kelley resided. The fire resulted from a gas explosion that occurred while employees of Cimarron Underground were working on a gas meter on the property. They cut a gas line, resulting in a fire. As a result of the fire, Bayer and Kelly had to vacate their property for several weeks while the house underwent repairs.

Bayer and Kelly filed a lawsuit against Cimarron Underground, their insurance company Starr Indemnity & Liability, and others, claiming the defendant’s negligence caused the fire and resulting injuries and inconvenience. Cimarron Underground filed a summary judgment motion. The trial court held a hearing, where it orally granted Cimarron Underground’s summary judgment motion.

Analysis of Insurance Coverage Exclusion in a Complex Liability Case

Published on: July 19, 2023 | By Berniard Law Firm

news_stock_newspaper_glasses-scaled In the realm of insurance coverage disputes, a recent case has brought attention to the application of policy exclusions and their impact on the availability of coverage. Daphne Richardson Valteau took legal action after her father had been stabbed to death on premises owned by The Terraces Limited Partnership (“The Terraces”). The Terraces was managed by Latter & Blum Property Management, Inc. (“Latter & Blum”), while another company, Patriot Protection Agency, Inc. (“Patriot”), had been handling the security services for The Terraces.

Patriot’s liability insurance was through First Mercury Insurance Company (“First Mercury”), First Mercury moved for summary judgment, seeking dismissal of Valteau’s claims. First Mercury argued that the exclusions provided in Patriot’s insurance policy regarding intentional and criminal acts were valid and enforceable. After its motion was denied, First Mercury appealed, petitioning for a writ of certiorari from the Fourth Circuit Court of Appeal.

After reviewing the contractual language of Patriot’s insurance policy with First Mercury, specifically the “Exclusion of Specific Work” provision, the Appeals Court identified various issues that need to be addressed before summary judgment could be ruled on, as well as a major distinction from precedent Louisiana case law. The Court distinguished this case based on how the exclusionary language essentially provided no coverage to Patriot if the incident occurred on a property “established for the purpose of providing subsidized housing….”

Timely Filings and the Road to Justice: The Implications of Abandonment in Civil Litigation

Published on: July 17, 2023 | By Berniard Law Firm

number_three_three_wood-scaled Navigating the intricacies of civil litigation requires strict adherence to procedural rules, as the failure to meet deadlines or follow the correct timeline can result in serious consequences for plaintiffs seeking justice. In the case of Michael Neal Rollins, an inmate who filed a lawsuit against the State of Louisiana, Louis Ackal, Sheriff of Iberia Parish, and the Corrections Corporation of America, the impact of missed deadlines and abandoned filings became evident. Rollins alleged physical abuse during his transportation back to the Iberia Parish Jail, but his case was ultimately dismissed due to abandonment. This instance highlights the critical importance of timely and diligent filings within the legal system, emphasizing the need for plaintiffs to navigate the complex procedural landscape to have their claims heard.

Rollins filed a lawsuit against the State of Louisiana, Louis Ackal, Sheriff of Iberia Parish, and the Corrections Corporation of America. Rollins was an inmate incarcerated at the Iberia Parish Jail in New Iberia. In 2008, Rollins was returned to the Iberia Parish Jail from prison in Winn Parish, having been evacuated there during Hurricane Gustav. After his subsequent release, Rollins filed his suit against the State of Louisiana in 2009 for injuries he suffered while transporting back to the Iberia Parish Jail from Winn Parish. Rollins alleged that officers physically abused him on the bus and in the Iberia Parish Jail parking lot.

Over seven years later, in 2017, the State of Louisiana filed a Motion to Dismiss the suit on the grounds of abandonment. The state claimed that there had been no filings or steps taken to proceed with the case since 2014. The plaintiff filed a counter-motion, alleging that it had filed a motion requesting discovery materials from the defense. The defendants argued that one of the defendants, Sheriff Louis Ackal, never received these requests. The district court ruled in favor of the defense, stating that failure to serve the request to all the defendants negates it as a step in prosecuting the action. Thus the district court dismissed the case in its decision, from which the plaintiff appealed.

Medical Deaths Aren’t Always Medical Malpractice

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

medical_patch_association_pills-scaled When a patient suffers from harm done to them by the negligence of a health care provider, he may be a victim of medical malpractice. A recent Louisiana Fifth Circuit Court of Appeals case explained why it is not always a case of medical malpractice when an avoidable medical death occurs.

Andrew Moonan fell at home and was taken by ambulance to the emergency room, where an x-ray showed two fractured ribs. Several days after being released, Moonan called Dr. Monte, his primary care doctor, after hours, requesting he return to the hospital. A couple of days later, he collapsed and was taken to the hospital, where he died due to a pulmonary embolism. His wife and son filed a complaint for medical malpractice against Dr. Monte with the Louisiana Division of Administration. The panel unanimously determined Dr. Monte was not negligent and did not breach his standard of care with Moonan.

The Moonans filed a medical malpractice lawsuit against Dr. Monte and his insurer, claiming Dr. Monte breached the standard of care in several ways, including failing to inform Moonan of the risks associated with staying in bed all day and the risk of a pulmonary embolism, allowing his medial technologist to tell Moonan to get up and walk since his condition was not serious, and failing to tell Moonan to return to the emergency room. The jury reached a unanimous verdict in favor of Dr. Monte, and the Moonans filed a motion for a new trial which the trial court denied. The Moonans appealed, claiming the trial judge erred in allowing Dr. Diechmann to testify as an expert because it violated the court’s Scheduling Order, and the judge erred in redacting two parts of the wife’s timeline because it contained crucial information about the credibility of the parties.

Understanding Open and Obvious Defects: Implications for Personal Injury Claims

Published on: July 5, 2023 | By Berniard Law Firm

sidewalk_texture_background_1089989-scaled When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance of these factors in determining liability.

Ray Eskine was a permanently disabled individual who used a walker to move around. When trying to see how long the grass was on his lot across the street, he walked across an elevated walkway in front of his house. One of the wheels on his walker slipped, causing him to fall into a ditch and get injured.

Eskine and his wife filed a lawsuit against the City of Gretna and its insurer, claiming the walkway was defective and presented an unreasonably dangerous condition. They claimed the City of Gretna was responsible for the care of the walkway and had knowledge of the defective condition that resulted in his injury.

No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless

Published on: July 2, 2023 | By Berniard Law Firm

hammer_court_judge_justice_3-scaled When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful had your attorneys not been negligent. The case of Shawn Cupit, who pursued a wrongful death lawsuit, highlights the significance of providing admissible evidence and the challenges involved in proving a legal malpractice case.

Shawn Cupit hired Joseph Moffett, a lawyer in Mississippi, to represent him in a wrongful death lawsuit involving the death of his mother. His mother had been a patient at a rehabilitation hospital in Concordia Parish, Louisiana, because of injuries related to a burned foot. One night, she climbed out a window at the rehabilitation hospital and was hit and killed by a drunk driver. They filed a lawsuit against the drunk driver, his insurer, and the rehabilitation hospital. They claimed the rehabilitation hospital had been negligent in observing their patient and did not provide a safe prejudice.

Moffett retained Roger Burgess and Baggett McCall as local counsel in Louisiana. Burgess submitted a request for a Medical Review Panel under La. R.S. 40:1231.8. The Medical Review Panel found the rehabilitation hospital had not failed to comply with the required standard of care. Burgess and McCall also retained expert witnesses, but the expert’s medical opinion letter concluded there was no evidence of the rehabilitation hospital committing medical malpractice.

Summary Judgment for Malicious Prosecution Improper Without Adequate Discovery

Published on: July 1, 2023 | By Berniard Law Firm

abstract_accountant_architecture_1238932-scaled Sufficient evidence is required to prevail in any lawsuit. Generally, each side obtains additional evidence through the discovery process. However, what happens if a court grants a summary judgment motion for one party before the other party has time to complete adequate discovery? The following case helps answer this question.

Shannon James Suarez supposedly threw a Twinkie box at Jerry W. Peloquin II. Peloquin claimed Suarez had previously been stalking him for months and battered him. Lori Smith also claimed Suarez had stalked her. Suarez was subsequently arrested and charged with stalking under La. R.S. 14:40.2(A).

The investigator, Bill Pousson, went to Suarez’s workplace to talk to him about the charges. Suarez claims Pousson spoke to him, told him he could make his problems disappear, and encouraged him to plead guilty, even though he knew Suarez had an attorney. Suarez then filed a lawsuit against Pousson and John DeRosier, the district attorney (the “Defendants”), claiming malicious prosecution and misconduct related to the District Attorney’s Office’s investigation.

A Slippery Case: How a Lease Agreement Swayed a Personal Injury Lawsuit Against a Medical Facility

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

slip_up_danger_careless-scaled Imagine attending a routine medical appointment at your local doctor’s office. You enter the premises expecting a standard check-up, but unexpectedly, you trip over a defective threshold and fall onto a hard terrazzo floor. This unsettling scenario is precisely what Lois J. Tate encountered in their accident, sparking a personal injury action against Touro Infirmary and Louisiana Children’s Medical Center. The Louisiana Fourth Circuit Court of Appeal affirmed the Trial Court’s decision to grant summary judgment in favor of the defendants, Touro Infirmary, and Louisiana Children’s Medical Center.

In a life-altering event, Tate tripped over what she claimed to be a defective threshold at the office of Dr. Shelton Barnes. The office was located in a building leased from Touro Infirmary. This unexpected fall led to injuries, which prompted Tate to file a lawsuit for damages based on negligence and strict liability against the defendants, including Touro Infirmary, Louisiana Children’s Medical Center, and Dr. Shelton Barnes. Tate’s claim encountered a significant challenge when the Trial Court granted summary judgment favoring the defendants. Tate could not prove a crucial element of her claim—Touro’s knowledge of the alleged defect. Undeterred, Tate appealed the decision.

Under Louisiana law, a summary judgment is applied when there’s no genuine dispute regarding a critical fact that could influence the relief a litigant seeks. To successfully contest a summary judgment, a plaintiff cannot only rely on allegations or speculation. They must present substantial proof of a genuine issue of material fact. For Tate, this involved demonstrating Touro’s awareness of the defect. Simon v. Hillensbeck.

City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

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

storm_damage_oak_tree-scaled Hurricanes can result in significant property damage, including flooding with contaminated water. When faced with such a situation, homeowners may wonder if they have a viable lawsuit against the responsible parties, such as the company responsible for the contaminants or the city involved in managing the wastewater system. The following case sheds light on the legal considerations surrounding property damage caused by contaminated floodwater and the potential liability of the responsible entities.

Ronald and Virginia Colson owned property in Pineville, Louisiana, that was damaged by Hurricane Gustav. They claimed their property was flooded with water contaminated with contaminates from Colfax Treating Company’s wood-treating facility. As a result, they claimed they were evicted from their home.

Colfax had a permit to dispose of materials in Pineville’s wastewater system. The Colsons filed a lawsuit against Colfax and the City of Pineville. The Colsons claimed the City of Pineville did not timely activate pumps for evacuating waste and stormwater, failed to properly maintain or inspect these pumps, and improperly allowed Colfax to dispose of the contaminates at above-legal limits.