 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harper v. Falrig Offshore12/20/2000
experienced medical consequences in Louisiana from his out-of-state accident. The trial court erred.
Statutes are to be applied as written when the result will not lead to any absurd consequences. The plain reading of the statute establishes that the words "or injury " are meant to be the injury arising out of the "accident" that "occurred within the State of Louisiana." In this case, the "injury" did not occur in Louisiana. It occurred in the international sea beyond the three mile limit of Louisiana's territorial sea.
The logical problem of the trial court's holding is that it, effectively, means that anyone injured anywhere, whether a Louisiana citizen or not, could assert a direct action against an insurer in Louisiana provided s/he was, subsequently, present in Louisiana at any time before completely recovering from the injuries. Applying the trial court's reasoning, this is true because the "injury" continues to occur so long as the injured person continues to allege that s/he suffers from ongoing problems because of an accident occurring outside the state. This is a strained construction of the direct action statute's plain language. Thus, we reverse this part of the trial court's decision.
CONCLUSION
We affirm the trial court's fault finding concerning Falrig, its fault apportionment between the parties, its decision on the involuntary dismissal motion, its finding that Falrigh 19 was seaworthy and the award of general damages. We reverse the future wage loss award and remand for a new trial on this issue. Also, we reverse its decision not to dismiss Steamship from the case and, hereby, order its dismissal. We cast Falrig with the costs of the appeal.
AFFIRMED IN PART; REVERSED IN PART; REMANDED IN PART; AND RENDERED.
Page 1 2 3 4 5 6 7 8 9 10 11 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|