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pexels-sora-shimazaki-5668772-1-scaledIn 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.

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pexels-kindelmedia-7688374-scaledIn 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.

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pexels-aleksandr-neplokhov-486399-1230677-1-scaledA 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.

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pexels-bentonphotocinema-1095601-scaledA 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.

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pexels-shvetsa-3845129-scaledIn a recent Louisiana Court of Appeal decision, the court reinforced the importance of the Louisiana Medical Malpractice Act (LMMA) in determining the course of lawsuits against healthcare providers. The case involved a patient who allegedly suffered injuries due to a medical device used after surgery.

Gregory Arrington, following surgery at St. Tammany Parish Hospital, was provided with an Alternating Leg Pressure (ALP) wrap to prevent blood clots. He claimed the device malfunctioned, causing him harm. The Arringtons sued the hospital, alleging negligence in the selection, purchase, and implementation of the ALP wrap.

The hospital countered with a dilatory exception of prematurity, arguing that the claims fell under medical malpractice and required a medical review panel’s evaluation before proceeding to court. The trial court agreed and dismissed the Arringtons’ claims against the hospital without prejudice. The Arringtons appealed this decision.

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pexels-jmeyer1220-668300-scaledNavigating 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).

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pexels-ganajp-18021337-scaledA recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable.

Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related accident in 2011. He underwent multiple surgeries, including a total knee replacement. Subsequently, he experienced instability in his right knee, leading to falls and injuries to his left knee, left shoulder, right hip, and lower back.

Critical Issues in the Case:

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pexels-pixabay-164595-scaledIn 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.

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girl-with-red-hat-oaKGY3tYVvw-unsplash-scaledIn 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.

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pexels-riciardus-185801-scaledIn 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.

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