Insurance Dispute Lawyer Blog

How Genuine Issues of Material Facts Can Impact a Personal Injury Case

Published on: June 3, 2023 | By Berniard Law Firm

slip_heads_up_warning Personal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted.

A recent Louisiana Court of Appeals case offered a detailed examination of an issue of material fact in determining fault in a personal injury lawsuit. By exploring the court’s decision and the supporting evidence, we gain insight into the complexities inherent in such cases and their implications on a motion for summary judgment.

James Palmisano fell at work due to the water in the hallway. Palmisano alleged that the water leaked from the men’s and women’s toilets. He filed a lawsuit for his injuries, claiming two plumbing companies, Prejean and Colville Plumbing & Irrigation, Inc., were called to fix the problem but didn’t.

Seeking Liability for Water Damage: A Case Study on Responsibility and Legal Remedies

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

valves_sprinkler_water_pipe-scaled Mardi Gras, a time of joyous celebration, took an unexpected turn for a store near a French Quarter hotel when a sprinkler head malfunctioned, resulting in significant water damage. Despite the storeowner’s insurance covering the damages, a lawsuit ensued to determine the hotel’s liability for the losses incurred. This case highlights the complexities of determining responsibility and legal remedies in property damage cases, emphasizing the importance of seeking legal counsel to navigate such situations effectively.

Hotel Management of New Orleans (“HMNO”) owned and operated the French Market Inn. A sprinkler head located in the hotel was triggered during Mardi Gras, which caused a water leak and flooding in the store two floors below. The storeowner claimed water leaked into its store for approximately two hours. During that time, HMNO did not try to turn off the sprinkler but instead waited for the fire department to turn off the sprinkler. This caused damage to the store.

State Farm insured the storeowner and paid the storeowner approximately $41k under its policy. State Farm then filed a lawsuit against HMNO and its insurer, Companion Property, and Casualty Insurance Company, seeking repayment of the $41k it paid to the storeowner under its policy. The trial court found in favor of State Farm and ordered HMNO and Companion to pay the stipulated damages of $41k. HMNO and Companion appealed, arguing that the trial court erred in finding that HMNO knew or should have known the sprinkler was defective, HMNO employees were negligent, and denying HMNO’s motion for involuntary dismissal.

Understanding Legal Malpractice Claims: Establishing Negligence and Loss

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

justice_scales_balance_lawyer-scaled Losing a lawsuit can lead to frustration with your attorney, and you might contemplate pursuing a legal malpractice claim against them. However, it is crucial to comprehend the essential elements required to succeed in such a claim; otherwise, your case may face dismissal. The Klein v. Wynne lawsuit examines the importance of meeting all the requirements to prevail in a legal malpractice lawsuit and highlights the potential consequences of failing to do so.

Leverette Klein hired lawyer Vincent Wynne Jr., who worked for Wynne, Goux & Lobello, to provide legal advice and services related to a foreclosure in St. Tammany Parish. Klein claimed he had an assignment of a mortgage note and money judgment recognized a mortgage for a property in Lacombe, Louisiana. Klein said he wanted Sandra Parnell, his ex-girlfriend, removed from the house. Klein told Wynne that Parnell had some of his movable property that she would not return. Wynne resolved the issue and tried to contact Klein to see if he wanted to pursue the foreclosure. Klein claimed that Wynne did not contact him, whereas Wynne claimed Klein was unresponsive.

Klein fired Wynne as his attorney and hired another attorney. He then learned he would be unable to recover for the mortgage on the property because it was not timely revived under the ten-year period under La. C.C. art. 3501. Leverette Klein brought a legal malpractice against Vincent Wynne Jr., the law firm Wynne, Goux & Lobello, and their insurer, Greenwich Insurance Company. Klein claimed that because of Wynne or his law firm’s failure, he could not foreclose his property and sustained damages. The trial court found that the assignment of the mortgage note was unenforceable when Klein had hired Wynne, so Klein had not proved he had suffered any damages. The trial court dismissed Klein’s legal malpractice claims. Klein appealed the trial court’s judgment.

Navigating Unfair Termination as a Civil Service Employee: Understanding the Appeals Process

Published on: May 31, 2023 | By Berniard Law Firm

police_cop_police_uniforms-scaled Experiencing termination from your job is a difficult situation, especially when it feels unjust. Scott Poiencot faced this unfortunate circumstance when he was terminated from his position as a police officer in the Lafayette Police Department, where he had served for several years. As a civil service employee, Louisiana law provided a specific procedure for appealing his termination. This case sheds light on employees’ challenges in challenging an unfair termination. In addition, it emphasizes the importance of seeking legal guidance to understand their rights and navigate the appeals process.

Before his termination, Scott Poiencot had been involved in three different Internal Affairs investigations. The first investigation (AD2012-007) involved a confidential document being removed from a police file and eventually released to the media. It was discovered that a Lieutenant in the police department had removed the document initially and whited out some information before providing it to Poeincot. The second investigation (AD2012-010) involved Poiencot secretly recording a phone conversation involving a Major in the police department. Poiencot eventually admitted to downloading the conversation, which was released to the media. The third investigation (AD2012-012) involved Poiencot’s refusal to submit to a polygraph as part of the first investigation related to releasing a confidential document. His termination letter referenced all three prior investigations with which he was involved.

After his termination, Poiencot appealed to the Lafayette Municipal Fire & Police Civil Service Board (the “Board”). The Board voted 5-0 to uphold his termination, finding it was made for cause and in good faith. The Board then issued a final judgment.

Law Firm Permitted Discovery of Louisiana Board of Pharmacy Database Records

Published on: May 30, 2023 | By Berniard Law Firm

s1_p_1504_vintage-scaled Everyone knows that evidence is an essential part of winning any lawsuit. However, how do you go about finding relevant evidence? If you are involved in a lawsuit, you are entitled to discovery to obtain information pertinent to your claims and help defend yourself. However, discovery is not limitless. Instead, numerous restrictions are imposed to ensure that parties cannot go on fishing expeditions. It is essential to understand these restrictions, especially when seeking information involving personal data such as medical records.

The family of Kenneth Scully sued Dr. Derrick Dean for medical malpractice after Scully died after he was admitted to the emergency room where Dean had been working. Scully’s family and Dean settled for $450,000 before a medical review panel was convened. After the settlement, Dean sued the law firm he had retained to represent him, Gachassin Law Firm.

Gachassin tried to compel the Louisiana Board of Pharmacy (the “Board”) to disclose information regarding Dean’s access to an online database concerning Scully, including Dean’s login and search history. The database contained information about dispensing controlled substances. Gachassin argued this information could help show inconsistencies with the times Dean claimed to have accessed the database. The trial court ruled in favor of Gachassin on its motion to compel. The Board appealed.

Importance of Timely Filing: A Case Study on False Arrest and False Imprisonment Claims

Published on: May 29, 2023 | By Berniard Law Firm

prison_fence_razor_ribbon_0-scaled Filing a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role.

In a noteworthy case involving Marlon Eaglin, Powell, Deontrey Moten, and David Little, who were charged with attempted murder, the defendants’ release led to the filing of a petition for false arrest and false imprisonment. However, the defendants raised an exception of prescription, arguing that the claims had exceeded the prescribed time limit. This case is a stark reminder of the importance of understanding and adhering to the applicable time frame when seeking justice in court.

An attempted murder charge was brought against Marlon Eaglin, Powell, Deontrey Moten, and David Little by the Eunice Police Department. The defendants were arrested on May 4, 2015, and released on August 21, 2015.

Shielding Retaliation: Exploring Title VII Protection and Causal Links in Employment Lawsuits

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

prison_jail_cell_cell_0-scaled Bringing a lawsuit against one’s employer can be a daunting prospect, particularly when fears of retaliation loom large. However, it is essential to recognize that federal law offers safeguards to employees who pursue legal action under Title VII, including cases involving claims of sexual harassment. By delving into the provisions outlined in 42 U.S.C. § 2000–3(a), we gain insight into the protective measures afforded to individuals in such circumstances. It is important to note, however, that having previously filed a lawsuit related to sexual harassment does not automatically shield an employee from potential adverse employment consequences.

In the case of Jennifer Paul, a correctional officer at the Elayn Hunt Correctional Center, her experience sheds light on the intricate interplay between prior lawsuits, retaliation, and the burden of proof required to establish a causal link. As we examine the complexities of her situation, we delve into the multifaceted nature of employment law and the need for legal counsel to navigate potential claims against employers.

Jennifer Paul was a correctional officer at the Elayn Hunt Correctional Center (“Hunt”) in St. Gabriel, Louisiana. While working there, she filed a lawsuit against Hunt, claiming that other correctional officers had sexually harassed her. She received a confidential settlement and returned to her position.

Tutorship: How Your Child Can Be Protected by the Court.

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

child_stones_bank_out-scaled Divorce, though unpleasant in the short term, allows families to rearrange their relationship to better serve the interests of all parties. One primary consideration in any divorce is the children. The children’s health, safety, and well-being becomes a key concern for both the families and the courts when a family enters into a divorce. When parents get divorced, the court determines who assumes the tutorship of the child. The parent who is awarded this tutorship assumes all of the rights and responsibilities of raising the child, including the right to file a lawsuit in the child’s name.

A person entrusted with the tutorship of a child can bring lawsuits in that child’s name that best serve the child’s interests. For an example, look to the case of Felisha Myers, mother of Brittany, who brought a lawsuit in Brittany’s name against the father of Brittany, Ricky Klump. Myers and Brittany alleged that Klump had injured Brittany on a road trip by repeatedly punching Brittany. The Fifteenth Judicial District Court entered a default judgment against Klump, awarding Brittany financial compensation for her pain and suffering and past and future medical bills.

Klump appealed the default judgment to the Third Circuit Court of Appeals, alleging that Myer did not have the right to file the suit in Brittany’s name. Klump argued the record of the trial court did not have the necessary documentation to prove that Myer has the tutorship of Brittany, therefore, Myer could not file the lawsuit in Brittany’s name.

The Importance of a Complete Record at Trial: Lessons from a Car Accident Case

Published on: May 26, 2023 | By Berniard Law Firm

courthouse_court_law_justice-scaled All relevant evidence in a case should be produced at trial. However, the evidence included in a complete record can be subjective. Thus, the parties to a lawsuit should rely on the court’s definition of what a complete medical record consists of.

Christina Dauzat (Dauzat) was involved in a car accident where she was rear-ended by Erin Wright (Wright). Dauzat filed a lawsuit, and a bench trial was held, which favored Dauzat and awarded damages of $17,741.51, with interest. Wright, State Farm, and Dauzat appealed the ruling.

At the beginning of the bench trial, Dauzat’s counsel introduced authorized exhibits: Exhibit D-1-6, which consisted of medical records from various hospitals. At trial, Dauzat introduced medical records and bills she believed were essential to the case, which was agreed upon at the pretrial conference. These records were classified as Exhibit P-4. State Farm had agreed to the authenticity of the bills. Therefore, the records, Exhibit P-4, were admitted into evidence. State Farm complained that Dauzat’s medical records did not contain the entire certified copies; consequently, they wanted to introduce full copies of Dauzat’s medical records. State Farm claimed Dauzat had personal bias as to which records she included.

Law Firm Not Liable in Legal Malpractice Lawsuit Despite Conflict of Interest

Published on: May 25, 2023 | By Berniard Law Firm

bookcase_law_firm_attorney_1-scaled In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. For example, legal malpractice cases in Louisiana must be filed within one year from when the plaintiff knew or should have known that malpractice had occurred. A recent case out of the Parish of East Baton Rouge has outlined when a plaintiff is considered to have some notice of legal malpractice.

Satterfield & Pontikes (S&P) was a general contractor for the construction of the Lawrence D. Crocker Elementary School in New Orleans, known as the Croker project. The Recovery School District (RSD) owned the property, and Jacobs Project Management Company/CSRS Consortium (Jacobs) acted as the project manager. Norman Chenevert and Chenevert Architects, LLC (Chenevert) and Julien Engineering & Consulting, Inc. (Julien), the sub-consultant structural engineers, created the plans and specifications for the project. In addition, S&P met with Murphy J. Foster, III, a partner at the Breazeale Sachse & Wilson (BSW) law firm, to represent them regarding a previous project S&P worked as a general contractor for. One of the other BSW partners, Steven Loeb, has represented Chenevert previously and had been representing them in connection with the Crocker Project.

Professional ethics rules required BSW to advise S&P and Chenevert on the potential for conflict and to receive a written waiver from both clients. The Chief Financial Officer of S&P, Laura Pontikes, signed the waiver. In contrast, Chenevert terminated its client-lawyer relationship with Leob, and its file regarding the Crocker Project was returned to the company.