Insurance Dispute Lawyer Blog

Lawsuit Over Car Accident Involving Louisiana State Employee Dismissed After Three Years of Inactivity by Plaintiff

Published on: February 23, 2023 | By Berniard Law Firm

bike_abandonment_urban_exploration-scaled Anyone involved in a lawsuit knows that litigation can take months or even years to resolve. Though courts try to expedite the process, the parties involved are also responsible for moving the case forward expediently. If the plaintiff in a lawsuit files a complaint and fails to take further action for a certain amount of time, the defendant may file a motion to dismiss on the grounds of abandonment. The case below is an example of how the abandonment of a lawsuit by the plaintiff resulted in the dismissal of the action.

Deborah Allen was an employee of the Louisiana Department of Social Services (“LADSS”). On February 2, 2007, she was riding as a passenger in a LADSS vehicle struck from behind by a car driven by Matthew Humphrey. Allen filed a lawsuit against Humprey and his automobile insurer, Imperial Fire and Casualty Insurance Company, seeking compensation for the injuries she received in the crash. Shortly after that, Louisiana’s Division of Administration, Office of Risk Management (“ORM”) filed a petition of intervention, seeking reimbursement from the defendants for workers’ compensation payments made to Allen. You can think of an intervenor as being a replacement or substitute plaintiff in an action who has a related claim against the defendants.

Because Humphrey was underinsured, Allen filed a lawsuit against LADSS. However, LADSS claimed that it had no underinsured motorist coverage and that Allen was only entitled to workers’ compensation from LADSS. LADSS was successful in securing a dismissal of Allen’s lawsuit. In early 2013, Allen and LADSS settled Allen’s workers’ compensation claims. On February 8, 2013, Humphrey and Imperial Fire filed a motion to reduce the jury bond, which is money to procure a jury. In 2014, Humphrey and Imperial Fire sent a settlement letter to Allen, but neither Allen nor the ORM responded to the letter. In 2016, Humphrey and Imperial Fire filed a motion to dismiss Allen’s lawsuit on the grounds of abandonment. After the trial court granted the defendants’ motion, ORM appealed.

Terminated Plaquemines Parish Employee Denied Attorney’s Fees After Successful Appeal for Job Reinstatement

Published on: February 22, 2023 | By Berniard Law Firm

accountant_accounting_adviser_1238598-scaled Getting fired from a job can be devastating for anyone, and getting fired from a job unjustly is even worse. You may believe that if you are wrongfully terminated, you are entitled to all the costs, including attorney’s fees, that you incur in any legal action you take against your employer. However, the law is not always based on our notions of what is fair, as one resident of Plaquemines Parish learned in her efforts to get her job back.

Loukisha Daisy began working as the Chief Internal Auditor at the Plaquemines Parish Government (“PPG”) on June 2, 2014. In hiring her, PPG attached a condition to Daisy’s employment contract that she must complete all the courses required to become a Certified Public Accountant (CPA) and pass the CPA exam by the end of her first year of employment.

In mid-June 2015, PPG informed Daisy that it was considering terminating her employment. PPG suspended Daisy and held a predetermination hearing on June 25, 2015. At the hearing, Daisy presented evidence supporting her continued employment. PPG nevertheless terminated Daisy’s employment on June 30, 2015. In the termination letter, PPG stated that Daisy did not obtain her CPA license as required in her employment contract, claimed that Daisy did not perform her work duties by her job description, and alleged that Daisy submitted a fraudulent letter concerning her CPA license as evidence in the predetermination hearing.

Alexandria, Louisiana Last Will and Testament Invalidated for Failure to Follow Formalities

Published on: February 21, 2023 | By Berniard Law Firm

stamp_rubber_stamp_stamped-scaled Losing a loved one is an obviously devastating experience. Possessions left to the surviving family members cannot take the grief away but can prohibit an entire upheaval for the survivors. It is critical that an excellent attorney drafts the will and handles the probate process for the sake of those survivors.

An Alexandria, Louisiana, widow was out of luck after family members filed a lawsuit claiming that her late husband’s will was null and defective. In 1996, Elmoses Ivey executed his last will and testament, which left all his property to his wife, Lois Ivey. After Mr. Ivey died in 2016, Mrs. Ivey probated the will and obtained a judgment of possession. However, Mr. Ivey’s children from a prior marriage filed a lawsuit to contest the validity of their father’s will. The children argued that the attestation clause at the end of the will did meet the necessary legal requirements and was, therefore, invalid. An attestation clause is a section at the end of the will stating that all the legal requirements in executing the will have been met. The Ninth Judicial District Court for the Parish of Rapides agreed and declared the will invalid. Mrs. Ivey appealed to the Louisiana Third Circuit Court of Appeal.

Louisiana law requires a notarial testament’s attestation clause to be in writing and dated. The testator (person making the will) must sign the will at the end and on each separate page. The testator must declare in the notary’s presence and two witnesses that the instrument is his will. Finally, the notary and witnesses must include a written declaration that both the first two requirements have been met. See La. C.C. art 1577. While there is a presumption in favor of validity generally, will execution formalities must be strictly followed, or the will is invalid. See Successions of Toney, 226 So.3d 397 (La. 2017). The Louisiana Supreme Court further opined that any earlier cases which treated deviations from testamentary form requirements with leniency would no longer apply.

Court Clarifies Use of Differential Diagnosis in Louisiana Medical Malpractice Case

Published on: February 20, 2023 | By Berniard Law Firm

building_hospital_enschede_931283-scaled Does a physician’s use of differential diagnosis raise a medical malpractice issue in Louisiana? That question is at the center of a recent medical malpractice case out of Lake Charles. The Louisiana Third Circuit Court of Appeal addresses liability attached to a method of clinical diagnosis known as a differential diagnosis.

On February 23, 2011, after experiencing two seizure-like episodes, Ms. Judith LeBlanc was seen in the emergency room of CHRISTUS Health Southwestern Louisiana (St. Patrick’s Hospital) by her primary care physician Dr. Lewis. Ms. LeBlanc was being treated for a jaw infection and scheduled for a tooth extraction the next day. Dr. Lewis ordered several tests over the next few days to rule out multiple potential underlying conditions. Although Dr. Lewis made a differential diagnosis that included sepsis as a possibility, Ms. LeBlanc was not treated for sepsis because she displayed no signs of it. Two days after her discharge, Ms. LeBlanc developed seizure activity and cardiopulmonary arrest and eventually passed.

A medical malpractice lawsuit was filed by Leblanc’s family. As part of the lawsuit, a Medical Review Panel met and found that neither St. Patrick’s nor Dr. Lewis breached the standard of care. St. Patrick’s and Dr. Lewis relied upon the Medical Review Panel’s findings in filing motions for summary judgment to dismiss the lawsuit. The Fourteenth Judicial District Court for the Parish of Calcasieu granted those summary judgment motions and Leblanc appealed.

Petroleum Corporation Releases Millions of Gallons of Toxins Harming Many in Calcasieu Parish

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

oil_machine_fuel_equipment-scaled What happens when the same wrongdoer injures several people? Typically, in cases like this, the court may consolidate the actions to promote the efficient use of judicial resources. However, these cases may be complex and lengthy and require expert testimony, as exemplified by the following lawsuit out of Lake Charles, Louisiana.

CITGO Petroleum Corporation’s (“CITGO”) Calcasieu Parish Refinery released millions of gallons of slop oil and wastewater into the Calcasieu River, subsequently contaminating over 100 miles of coastline and taking six months to clean. Slop oil is extremely flammable, poisonous, and listed on the Toxic Substances Control Act inventory. On the same day as the spill, CITGO’s steam lines became submerged and released hydrogen sulfide and sulfur dioxide from several stacks in illegal concentrations for approximately twelve hours. The wind allowed those toxic emissions to reach the surrounding community.

The plaintiffs, in this case, assert various injuries as a result of their exposure to the toxic chemicals and emissions released by CITGO. The Louisiana Fourteenth Judicial District Court found in favor of thirty-four plaintiffs. CITGO then appealed the judgment awarding damages to twenty-two plaintiffs based on causation and duration of damages.

Driver Injured in Truck Accident in Caddo Parish Raises Credibility Concerns

Published on: February 18, 2023 | By Berniard Law Firm

car_damage_auto_exterior-scaled Car accident cases often involve conflicting stories from each person involved, as no one generally wants to admit fault. When these cases get brought to court, the court must decide which party is telling the truth. The following case examines how a court determines the credibility of two individuals involved in a motor vehicle accident in Caddo Parish.

Larry Fuller alleged that he sustained multiple injuries and property damage when Leman Bissell’s Chevy hit his Ford truck. Fuller contended that he exited the parking lot of the Country Market store on Hearne Avenue and pulled into the right-hand lane, where his truck unexpectedly stalled, leaving him stranded. Fuller also claimed that he gestured to other drivers who were able to swerve around him. However, Bissell’s vehicle pulled up quickly and ran into the driver’s door of Fuller’s truck. Fuller further alleged that the accident injured his lower back and caused radiating pain down one leg, forcing him to undergo two months of treatment with a neurologist and several sessions with a physical therapist. Bissell’s insurer, State Farm, asserted that Bissell did not have time to avoid hitting Fuller and was faced with a sudden emergency as Fuller’s vehicle lurched into traffic. The following case was on appeal from the Louisiana First Judicial District Court for the Parish of Caddo and was heard by the Louisiana Second Circuit Court of Appeal.

At the first trial, the District Court found several inconsistencies in Fuller’s testimony, including the number of accidents he had been involved in before the accident with Bissell, his history of drawing disability, and the number of times his Ford engine had stalled. However, the District Court also found no inconsistencies in Bissell’s testimony. Therefore, the District Court rejected Fuller’s claims and granted State Farm’s motion for involuntary dismissal. Fuller subsequently appealed this decision to the Court of Appeal.

Confusion Involving Uninsured/Underinsured Motorist Policy Leaves Woman in Caddo Parish Without Coverage

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

padlock_grating_insurance_security-scaled Before purchasing motor vehicle insurance, it is vital to fully understand what the policies will cover. For instance, some policies may not cover your medical bills if you were involved in a single-vehicle accident. Understanding what is covered and what is not may help you avoid legal action in the future.

Randy and Brenda Mills, husband, and wife, purchased separate uninsured/underinsured motorist (“UM”) coverage from State Farm on three of their vehicles: a Kawasaki motorcycle, a GMC Envoy, and a Chevy pickup. The policies on each of the three vehicles also included liability coverage. However, the UM and liability insurance policies for the motorcycle were in Randy’s name only, while the UM and liability insurance policies for the other two vehicles included Randy’s and Brenda’s names.

One morning, Randy was driving the motorcycle with Brenda as a passenger when he lost control, went off the road, and entered a ditch. Brenda alleged that she suffered severe injuries and was hospitalized for three days. She claimed that, as a result of these injuries, her medical bills exceed $42,545. She also claimed lost wages, loss of employment benefits, emotional damages, and loss of enjoyment of life. State Farm then paid Brenda the $50,000 policy limit owed under the liability policy purchased by Randy on the motorcycle. However, State Farm declined to pay her for any of the UM benefits under the three separate policies.

Louisiana Car Accident Victim Fails To Establish Causation Through Housley Causation Presumption

Published on: February 16, 2023 | By Berniard Law Firm

car_crash_wreck_accident-scaled Although car accidents are common, they are still stressful. When you suffer a medical injury from an accident, you must have evidence to prove your injuries. One way to do so in Louisiana is using the “Housley” causation presumption. The following case helps answer the question, what exactly is the “Housley” presumption?

Burleigh Ruiz was driving a car that backed out of a parking space and hit a car occupied by Eurie Marie. Ruiz and Marie disputed what had happened. Although Ruiz claimed he was going slowly, Marie estimated Ruiz was driving about twenty to thirty miles per hour at the time of the accident. Marie told Ruiz he was not hurt but may need medical treatment in two or three weeks because his health was not that good. Marie had an extensive medical history, including multiple surgeries, severe diabetes with complications, and back pain. He had been disabled for eight years and sought treatment for neck pain approximately five months before the car accident.

Marie went to the emergency room at Terrebonne General Hospital three weeks after the car accident. He complained of pain from his neck to his knee and mentioned the automobile accident. He also went to a chiropractor and was examined by an orthopedic surgeon. After more conservative treatments failed, the doctor recommended surgery.

Canton Woman’s Lawsuit Dismissed For Failure to Disclose Claim In Bankruptcy Proceeding

Published on: February 15, 2023 | By Berniard Law Firm

lose_decay_old_factory_0-scaled It is always difficult when you lose a job. But it can be even more difficult if you feel you were unfairly fired. If you find yourself in this situation, consider what legal options are available. This is the situation Christine Simpson found herself in after being fired from her job as a production technician in Canton, Mississippi.

Before she was terminated, Simpson allegedly injured her ankle on the job and pursued a claim under Mississippi’s workers’ compensation laws. Her employee, Kelly Services Inc., claimed she was fired for not calling in and for missing work after her doctor released her to return to work. Simpson, however, claimed that her absences were all excused due to her injury. She claimed that the real reason Kelly fired her was disability discrimination.

Approximately two weeks after being terminated, Simpson filed a Petition for Chapter 13 Bankruptcy in the United States Bankruptcy Court for the Southern District of Mississippi. As part of the bankruptcy proceeding, Simpson was required to submit a Statement of Financial Affairs. One of the questions on the form asked her to list all lawsuits to which she was a party within one year immediately before filing for bankruptcy. Simpson checked the box labeled “none” next to that question.

Pineville Wal-Mart Not Liable For Customer Who Slipped During Rainstorm

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

louisiana_arrows_art_students-scaled Imagine going shopping at your local Wal-Mart or other store and slipping and falling because there is standing water. You might think you can recover from the store for your injuries. However, simply showing that you slipped and fell is not enough to win in court. Rather, you must present sufficient evidence about the store’s involvement and knowledge of the unsafe conditions.

Bethany Dubroc entered a Walmart in Pineville, Louisiana, while it was raining. While reaching for a prescription in her wallet, Dubroc slipped and fell. After she fell, Dubroc noticed that there was water on the floor. Dubroc sued Wal-Mart in the District Court for the Western District of Louisiana.

Walmart moved for summary judgment, arguing Dubroc’s case should be dismissed because Dubroc did not provide evidence that Walmart either created or had actual or constructive knowledge of the water that allegedly caused Dubroc to slip and fall. In response, Dubroc argued that employees at Walmart did not follow Walmart’s Inclement Weather Policy. This Inclement Weather Policy required that Wal-Mart employees every fifteen minutes and wipe down wet shopping carts every fifteen minutes. However, for the hour before the time Dubroc fell, no Wal-Mart associate mopped the area where she fell or wiped down the shopping carts. Dubroc presented evidence, including surveillance video, deposition testimony, and witness statements. However, none of this evidence provided insight into how long the water had been on the floor at Wal-Mart prior to Dubroc’s fall.