Personal Injury

Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule

Published on: September 12, 2024 | By Berniard Law Firm

pexels-bentonphotocinema-1095601-scaled A 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.

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

Published on: September 7, 2024 | By Berniard Law Firm

girl-with-red-hat-oaKGY3tYVvw-unsplash-scaled In 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.

Slipping in Stores: When Does the Store’s Responsibility Kick In?

Published on: September 5, 2024 | By Berniard Law Firm

pexels-victoria-strelka_ph-128225472-10612266-scaled We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2016, Douglas Barton was shopping at a Walmart store in Alexandria, Louisiana, during a rainy day. As he entered the store, he slipped on a wet spot on the floor, fell, and sustained injuries. He sued Walmart, claiming they were negligent in maintaining a safe environment for their customers.

Walmart denied liability, arguing that they had no knowledge of the wet spot and that it likely occurred moments before Barton entered the store due to the wind blowing rain inside. They presented evidence of an inspection conducted earlier that morning, which had not noted any hazards.

Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

Published on: September 2, 2024 | By Berniard Law Firm

pexels-aleksandr-neplokhov-486399-1230677-scaled A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld a modest damage award, emphasizing the plaintiff’s burden to prove a direct causal link between the accident and the claimed injuries.

Douglas Pourciau was rear-ended by Dennis Melville at an intersection in Baton Rouge. While the accident was minor, Pourciau claimed it aggravated his pre-existing back and neck pain. He sued Melville and his insurer, State Farm, for damages.

The trial court found Melville partially at fault but awarded Pourciau only a modest amount in general damages, citing the lack of evidence linking his ongoing pain to the accident. Pourciau appealed, seeking a higher award and additional damages for future medical expenses and loss of use of his vehicle.

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

Published on: August 31, 2024 | By Berniard Law Firm

pexels-markusspiske-97047-scaled A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While the injury was unfortunate, the court ultimately sided with the hotel, highlighting the necessity of establishing the property owner’s knowledge of the hazard.

Casey Krueger and his family were staying at a La Quinta Inn & Suites in Baton Rouge when he cut his foot on broken glass in the pool. Although the jury acknowledged there was a defect on the premises, they found the hotel not liable because they didn’t have actual or constructive knowledge of the hazard.

Krueger appealed, arguing that the hotel should have known about the broken glass and that the doctrine of “res ipsa loquitur” should apply, allowing negligence to be inferred from the circumstances of the injury.

No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases

Published on: August 28, 2024 | By Berniard Law Firm

pexels-christian-wasserfallen-14125573-14766052-scaled A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages.

The case started when Rosa Cruz was involved in a car accident with Martha Creecy. A lawsuit was filed, and the trial court found Ms. Creecy to be at fault for the accident. However, the court declined to award damages to Ms. Cruz, concluding she failed to prove she sustained any injuries directly caused by the accident.

Ms. Cruz appealed this decision, arguing that her testimony and medical records were sufficient to prove both injury and causation.

Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?

Published on: August 27, 2024 | By Berniard Law Firm

pexels-cottonbro-4098224-scaled In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving spousal abuse.

In Hoddinott v. Hoddinott, the plaintiff (wife) filed a tort lawsuit against her ex-husband seeking damages for intentional infliction of emotional distress stemming from alleged domestic abuse during their marriage. The defendant (husband) argued that the wife’s claims were barred by res judicata, as they should have been raised during the divorce proceedings. The trial court initially agreed and dismissed the wife’s lawsuit. However, the Court of Appeal reversed this decision.

The Court of Appeal focused on two key points:

When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability

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

pexels-skitterphoto-4341-scaled We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability.

In 2013, Daisy Foto was shopping at a Rouse’s store in Louisiana. She slipped on a clear liquid on the floor, fell, and sustained injuries. Foto sued Rouse’s, claiming they were responsible for her injuries because they either created the hazardous condition, knew about it, or should have known about it.

Rouse’s argued they had no liability because Foto couldn’t prove they created the spill, knew about it beforehand, or that it had been there long enough for them to reasonably discover and clean it up. They presented evidence of a store inspection conducted earlier that morning, showing no hazards were noted.

Court of Appeal Increases Monetary Damages Award Following Workplace Injury in Monroe Beverage Facility

Published on: August 20, 2024 | By Berniard Law Firm

pexels-elevate-1267324-scaled Injuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result.

James Thomas was a forklift operator for Marsala Beverage Company (“Marsala”) in Monroe, Louisiana. In addition to operating forklifts, Thomas routinely moved cases of drinks by hand and performed janitorial duties around the facility. On one occasion, when Thomas was operating a forklift to unload pallets of drinks, the forklift fell out of the back of a delivery truck, landing several feet below onto concrete.

After the fall, Thomas visited Marsala’s company doctor, Dr. George Woods, complaining of pain in his back. Dr. Woods examined Thomas and ordered x-rays, which showed no evidence of fractures in Thomas’s spine. During the visit, Thomas explained to Dr. Woods that he wanted to return to work as soon as possible to receive bonus compensation based on the number of hours he worked that week. Dr. Woods cleared Thomas to return to work, which he did even though he continued to experience back pain.

Injured Shreveport Worker’s Claim Saved from Dismissal on Summary Judgment in Case Involving an Allegedly Open and Obvious Hazard

Published on: August 19, 2024 | By Berniard Law Firm

pexels-frans-van-heerden-201846-635096-scaled David Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to the loading dock. There is an empty space between the back of the truck and the loading dock without a dock plate. In addition, Cox found that the loading dock was cluttered with several objects. Due to this clutter, Cox could not use a forklift to unload the truck.

Working alone, Cox managed to get two pallets off the truck with a pallet jack but then used a dolly for the last two pallets. While attempting to get the previous pallet off the truck, Cox’s foot became wedged between the dock and the truck, causing him to fall on his back. Cox filed a lawsuit as a result of being injured.

In the lawsuit Cox alleged that this fall caused him to have permanent injuries that made him disabled. The injury resulted in Cox receiving worker’s compensation benefits. Cox filed a lawsuit against Baker, arguing that the lack of a working dock plate made the dock unreasonably dangerous, that the lack of a dock plate was not easily visible to parties making deliveries to the warehouse, and that Baker had a duty to provide a safe entrance for parties unloading at the dock.