Louisiana Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Louisiana or Court of Appeals of Louisiana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Quinney v. Summit of Alexandria - 6/1/2005
Court composed of John D. Saunders, Oswald A. Decuir, and Marc T. Amy, Judges.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
The plaintiff brought suit alleging, among other claims, violations of the Nursing Home...
Williams v. W.O. Moss Regional Medical Center - 6/1/2005
Court composed of Glenn B. Gremillion, Billy Howard Ezell, and James T. Genovese, Judges.
REVERSED.
This case is a medical malpractice case. Moss Regional Medical Center (Moss Regional) and Dr. Claude Simon appeal the...
Hays v. Western Refractory Construction - 6/1/2005
Before WILLIAMS, PEATROSS and DREW, JJ.
Western Refractory Construction, Inc. ("Western") appeals a judgment awarding workers' compensation benefits, attorney fees, and penalties to Pat Hays. We affirm the judgment, but remand...
Mason v. Luther - 6/1/2005
Court composed of Glenn B. Gremillion, Billy Howard Ezell, and James T. Genovese, Judges.
WRIT GRANTED AND REMANDED.
This case presents the res nova issue of whether children conceived and/or born after an accident...
Belwise Aquaculture Systems - 6/1/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, Oswald A. Decuir, Marc T. Amy, and Elizabeth A. Pickett, Judges.
WRIT GRANTED AND MADE PEREMPTORY. EXCEPTION OF IMPROPER VENUE MAINTAINED. REMANDED WITH...
Square v. LeBlanc - 6/1/2005
Court composed of Glenn B. Gremillion, Billy Howard Ezell, and James T. Genovese, Judges.
AFFIRMED.
Janis Square appeals a jury verdict awarding her $19,000 for an automobile accident. Asserting several legal errors, Square...
Calahan v. Scottsdale Insurance Co. - 6/1/2005
Court composed of Jimmie C. Peters, Michael G. Sullivan, and Elizabeth A. Pickett, Judges.
REVERSED AND REMANDED.
The plaintiff, P. Charles Calahan, A Professional Law Corporation (Law Corporation), appeals the grant of a...
State v. Jackson - 5/31/2005
Panel composed of Judges James L. Cannella, Thomas F. Daley, and Walter J. Rothschild
AFFIRMED AND REMANDED
The defendant, Eddie Jackson, was charged in a Bill of Information on August 8, 2002 with two counts of armed...
Bordelon v. Cox Communications - 5/31/2005
Panel composed of Judges James L. Cannella, Thomas F. Daley, and Walter J. Rothschild
AFFIRMED IN PART AND REVERSED IN PART
The Defendant, Cox Communications (Cox), appeals from the judgment of the Office of Workers'...
State v. Taylor - 5/31/2005
Panel composed of Judges James L. Cannella, Thomas F. Daley, and Walter J. Rothschild
AFFIRMED AND REMANDED
The defendant, Justin Taylor, was charged in a Bill of Information on August 8, 2002 with nine counts of armed...
Gele` v. Binder - 5/31/2005
Panel composed of Judges Thomas F. Daley, Marion F. Edwards, and Clarence E. McManus
REVERSED
Defendant/Appellant, Lakeside Hospital, appeals from a trial court judgment that denied its Exception of Prematurity in a medical...
Bonvillain v. Preferred Industries - 5/27/2005
Application for Rehearing filed June 3, 2005; Rehearing Denied July 11, 2005
BEFORE: PARRO, KUHN, AND WELCH, JJ.
Disposition: REVERSED IN PART AND AFFIRMED IN PART.
This appeal arises from an Office of Workers'...
Lifecare Hospitals - 5/18/2005
Judgment rendered May 18, 2005. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Before BROWN, PEATROSS, and DREW, JJ.
DREW, J., concurs.
On July 17, 2001, Peter Young was...
Muse v. Lane Memorial Hospital Foundation - 5/13/2005
Disposition: Affirmed.
Before: PARRO, KUHN, and WELCH, JJ.
Plaintiffs-appellants, Ellis Muse and his wife Hazel, appeal the trial court's dismissal of their claims against defendant-appellee, Lane Memorial Hospital...
Mitchell v. Brown Builders - 5/11/2005
Before STEWART, MOORE and LOLLEY, JJ.
John Mitchell appeals the judgment in this workers' compensation suit denying his request for indemnity benefits and medical expenses. Defendant Brown Builders, in answer to the appeal, seeks...
Walker v. Bossier Medical Center - 5/11/2005
On Remand
EN BANC
Before BROWN, WILLIAMS, STEWART, GASKINS, PEATROSS, DREW, MOORE, LOLLEY, and SEXTON (ad hoc), JJ.
GASKINS, J., concurs without reasons.
BROWN, J., dissents with written reasons.
DREW, J.,...
In re Burns - 5/11/2005
Before BROWN, PEATROSS & DREW, JJ.
Terry Burns ("Ms. Burns") filed a wrongful death suit on December 4, 2000, on behalf of her husband, who died in a work-related accident in June 2000. Apache Corporation, her husband's...
Landers v. Integrated Health Services of Shreveport - 5/11/2005
Before STEWART, PEATROSS and LOLLEY, JJ.
Integrated Health Services (IHS) of Shreveport appeals the trial court's denial of its exception of prematurity by determining that the parties' contractual dispute did not have to be...
Womack v. Autumn Leaves Nursing & Rehabilitation Center - 5/11/2005
Before STEWART, GASKINS and DREW, JJ.
Plaintiffs, the adult children of Ms. Violet Nugent, seek review of a judgment dismissing without prejudice their action against a nursing home as premature. For the following reasons, we...
Rogers v. Hickory Manor Nursing & Rehabilitation - 5/11/2005
Before GASKINS, CARAWAY and MOORE, JJ.
The plaintiff, John E. Rogers, individually and on behalf of the estate of Almeda Holmes, appeals from a judgment sustaining an exception of prematurity in favor of the defendants, Hickory...
State v. Collins - 5/11/2005
Before STEWART, GASKINS and DREW, JJ.
The defendant, Johnny Collins, appeals as excessive his sentence of 40 years at hard labor without benefit of parole, probation, or suspension of sentence following his guilty plea to...
Starks v. American Bank National Association - 5/4/2005
AFFIRMED.
Third Party Defendant/Appellant, Specialty Risk Associates, Inc., appeals the trial court's judgment overruling its declinatory exception of improper venue. We affirm.
PROCEDURAL BACKGROUND
In November of...
Henry v. Barlow - 5/4/2005
REVERSED AND REMANDED.
A police officer was injured when he came into contact with a damaged utility line while responding to a single-vehicle accident, in which the driver had damaged the pole supporting the utility line. The...
Rambin v. Shreveport Refrigeration - 5/4/2005
Judgment rendered May 4, 2005. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Richard D. Rambin ("Mr. Rambin") was an employee of Shreveport Refrigeration, Inc. on October 30, 1985, when...
Rayburn v. Ponthieux - 5/4/2005
AFFIRMED.
This litigation arises from an automobile accident which occurred in Alexandria, Louisiana, on May 2, 2003. The defendants, Shirley Ponthieux and the Rapides Parish School Board (School Board), appeal a trial court...
Dejean v. St. Charles Gaming Co. - 5/4/2005
AFFIRMED.
The defendant, St. Charles Gaming Company, Inc., d/b/a Isle of Capri Casino-Lake Charles (St. Charles Gaming), appeals the trial court's grant of a partial summary judgment ordering that it reinstate the payment of...
Provost v. USA Truck - 5/4/2005
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
STATEMENT OF THE CASE
This case arises from a vehicular fatality which claimed the life of twenty-year old Jason Horace Provost, son of John and Joanna Provost. The Provosts...
In re Dyer - 4/29/2005
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, A. Gill Dyer, a disbarred attorney.
UNDERLYING FACTS AND...
Toups v. Koch Gateway Pipeline Inc. - 4/27/2005
This appeal addresses whether Koch Gateway Pipeline Inc. (Koch) is legally entitled to contribution from these plaintiffs under general maritime principles.
Koch appeals a judgment containing two decrees, each of which resolves...
Dutton v. O'Connell - 4/26/2005
AFFIRMED
Plaintiffs, David and Rick Morales, appeal the jury verdict in favor of defendants, Dr. Ruary O'Connell and Columbia Jefferson d/b/a Elmwood Medical Center and Skilled Nursing Facility. For the reasons which follow, we...
Furlow v. Woodlawn Manor - 4/20/2005
Rosalind Furlow, individually and on behalf of the estate of Hazel White, appealed the judgment granting the defendant nursing home's exception of prematurity and dismissing her action for damages arising out of alleged violations of...
Lenard v. State Farm Mutual Automobile Insurance Co. - 4/20/2005
In this automobile accident with liability of the defendant admitted, the trial court found that the plaintiff had received injuries to his back and neck which caused persistent pain and discomfort through the time of trial some five...
Poullard v. Pittman - 4/13/2005
In this medical malpractice action brought by inmate John Poullard against LSU Medical Center - E.A. Conway Hospital (LSU) and Dr. M. Pittman, the trial court sustained the defendants' declinatory exception of improper venue and...
O'Brien v. Rizvi - 4/12/2005
For the above and forgoing reasons, the judgment of the court of appeal is reversed and set aside. The Board's petition for intervention is hereby granted and the judgment of the trial court denying the defendants' exception of...
Burks v. Christus Health Monroe - 4/6/2005
The plaintiff, Elvie J. Burks, individually and on behalf of the estate of her mother, Sabie Rogers, appeals a trial court judgment sustaining an exception of prematurity in favor of the defendant, Christus Health Monroe d/b/a Christus...
Finders v. Batiste - 4/6/2005
AFFIRMED IN PART; REVERSED IN PART.
The employer filed a disputed claim for compensation, asserting that its injured employee made untrue statements regarding his medical history in order to obtain workers' compensation benefits....
Lewis v. Hull - 4/6/2005
Petitioners, Joann Lewis and Lucy Sikes ("Petitioners"), seek review of the trial court's granting of Defendants' motion for partial summary judgment finding that the damages suffered after November 10, 1999, by Joann Lewis were...
Lafayette Parish School Board v. Louisiana Workers' Compensation Second Injury Board - 4/6/2005
AFFIRMED.
In this workers' compensation case, a Lafayette Parish School Board (hereinafter "School Board") employee sustained a work-related injury. The School Board paid the requisite workers' compensation benefits to the...
Wright v. Coastal Fabrication - 4/6/2005
AFFIRMED.
Kerry Wright, an injured worker, and Employers' Self Insured Fund, who intervened seeking to recover any workers' compensation benefits and medical expenses awarded, appealed the trial court's granting of Louisiana...
Jordan v. Hickman - 4/6/2005
The plaintiff, Donna Jordan, appeals two summary judgments granted on June 22, 2004 and August 19, 2004, dismissing her claims against Tommy Ebey and his insurer, State Farm Fire and Casualty Company ("State Farm"), and Arthur and...
Cox v. Boggs - 4/6/2005
Michael Cox appeals a judgment dismissing his claim for breach of contract and quantum meruit against A. Michael Boggs on exceptions of lis pendens and no cause of action. For the reasons expressed, we affirm.
Factual Background ...
Walker v. Corsetti - 3/29/2005
REVERSED
In this medical malpractice case plaintiffs, Brenda Walker, wife of/and Ronald Walker, appeal an October 22, 2003 final judgment in favor of defendant, Ralph L. Corsetti, M.D. and a January 14, 2004 judgment denying...
Bennett v. Ragon - 3/24/2005
Disposition: Affirmed.
In this appeal, we consider whether a commercial general liability insurance policy provides coverage for damages claimed in this wrongful death suit. The trial court found the policy offered no coverage,...
Griffin v. Louisiana Patient's Compensation Fund Oversight Board - 3/24/2005
This is an appeal by the defendant, the Louisiana Patient's Compensation Fund Oversight Board ("the PCF Board"), from a summary judgment granted in favor of the plaintiffs, Drs. Jeffrey F. Griffin, Hildreth B. McCarthy, and David C....
Fredericks v. Daiquiris & Creams of Mandeville - 3/24/2005
In this personal injury suit, LaShawn G. Fredericks appeals a summary judgment in favor of Daiquiris and Creams of Mandeville, L.L.C., dismissing his claims against it. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
LaShawn...
Gallo v. St. Tammany Parish Hospital - 3/24/2005
This matter arises from two injuries that were alleged to have occurred in the workplace. Two employees of a hospital alleged that they each contracted an occupational disease by being exposed to toxic mold while at work. After a trial...
Dunlap v. Hartford Insurance Co. of the Midwest - 3/24/2005
Zurich American Insurance Company (Zurich) appeals a judgment denying its request for a declaratory judgment, granting a motion for partial summary judgment in favor of Austin Dwayne Dunlap, and holding that Louisiana law, rather than...
Jenkins v. Larpenter - 3/24/2005
Appellant appeals the dismissal of his suit for failure to timely request service on the defendants. Having reviewed the record and the applicable law, we affirm.
PROCEDURAL HISTORY
On January 14, 2002, Tommie T. Jenkins,...
In re Yaeger - 3/18/2005
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Paul J. Yaeger, an attorney licensed to practice law in Louisiana but...
Nash v. Brown - 3/16/2005
WRIT GRANTED.
This issue before this court results from defendants' alleged delay in performing administrative dutieswhich prevented plaintiff from commencing physical therapy. Plaintiff claims that this delay exacerbated a...
Schexnayder v. Mathews - 3/16/2005
AFFIRMED.
In this medical malpractice case, plaintiffs, Glenda Schexnayder, her husband and two major daughters, appeal the jury verdict in favor of defendant, Dr. Gary L. Mathews. The jury concluded that he did not breach the...
Winford v. Conerly Corp. - 3/11/2005
For the reasons assigned, the judgment of the hearing officer is reversed, and this matter is remanded to the Office of Workers' Compensation for further proceedings.
VICTORY, J., concurs in the result.
TRAYLOR, J., concurs...
Thibodeaux v. Jurgelsky - 3/11/2005
Accordingly, we reverse the judgment of the appellate court and reinstate the judgment of the district court. REVERSED AND RENDERED.
KIMBALL, J., concurs and assigns reasons. JOHNSON, J., dissents.
In this action a patient...
Arrington v. ER Physicians Group - 3/9/2005
QUESTION CERTIFIED TO THE LOUISIANA SUPREME COURT.
Cooks, J., dissents and assigns written reasons.
FACTS
Plaintiffs, Susan, Joelle and Laura Arrington, appeal a judgment of the trial court denying their motion for...
Taylor v. Clement - 3/9/2005
QUESTION CERTIFIED TO THE LOUISIANA SUPREME COURT.
Cooks, J., dissents and assigns written reasons.
Plaintiffs, Charles and Sharon Taylor, appeal a judgment of the trial court denying their motion for summary judgment...
Culpepper & Carroll - 3/9/2005
CARAWAY, J., dissents with written reasons.
In this dispute over attorney fees under an alleged contingent fee contract, Defendant, Connie D. Cole, proceeding pro se in this appeal, argues that insufficient evidence existed to...
Maricle v. Liberty Mutual Insurance Co. - 3/2/2005
AFFIRMED.
Cooks, J., dissents and assigns written reasons.
This personal injury lawsuit arises from a two-vehicle accident which occurred in Allen Parish, Louisiana, at approximately noon on November 15, 1999. In the...
Abshire v. Belmont Homes - 3/2/2005
AFFIRMED.
This appeal arises from a suit in redhibition and for property and personal injury damages in which the plaintiffs named Belmont Homes, Inc. as one of a number of defendants. Belmont Homes, Inc. appeals the trial...
Bigge v. Lemoine Co. - 3/2/2005
AFFIRMED.
The defendant, The Lemoine Company (TLC), appeals the judgment of the workers' compensation judge finding that the plaintiff, Kim Bigge, suffered a work-related accident and that he was entitled to see a physician of...
Sims v. Liberty Mutual Insurance Co. - 3/2/2005
AFFIRMED AS AMENDED.
In this consolidated case, several issues are raised by the parties. The issues pertain to fault, damages, and insurance coverage.
FACTS
On July 18, 1994, at approximately 10:20 p.m., Wayne Croy...
Henry v. West Monroe Guest House - 3/2/2005
Plaintiffs, the surviving children of Vanna Henry, brought an action in state district court, naming as defendants West Monroe Guest House, Inc., and PHM Corporation. The petition alleges that defendants owned, operated, and/or...
Carlos v. CNA Insurance Co. - 3/1/2005
AFFIRMED
This is a medical malpractice case against a physical therapist, his employer, and their insurer. The plaintiffs appeal a summary judgment dismissing their claims. We affirm.
On August 16, 2002, Chad Carlos and...
Hyman v. East Jefferson General Hospital - 3/1/2005
AFFIRMED
Plaintiff, Harriet Hyman, appeals from the trial court judgment in favor of Defendants, East Jefferson General Hospital and Dr. Carol Bayer, granting the Defendants' Motions for Summary Judgment. For the reasons which...
Poche v. Allstate Insurance Co. - 3/1/2005
AFFIRMED
The Defendant, United Services Automobile Association (USAA), and the Plaintiffs, Jeanne Poche and Francis Poche, appeal from a personal injury judgment and a subsequent judgment setting costs. We affirm.
Jeanne...
Young v. Louisiana Farm Bureau Casualty Insurance Co. - 3/1/2005
AFFIRMED
The litigation arises out of an automobile accident. On September 24, 2003, Robert Young was killed when the car he was driving was struck in the driver's side by a dump truck operated by Mark Verrett and owned by...
Taylor v. Tidewater - 2/16/2005
Tidewater, Inc. (Tidewater) appeals a judgment voluntarily dismissing Craig Taylor's personal injury claims without prejudice. Tidewater asserts in its only assignment of error that the trial court abused its discretion in dismissing...
Snyder v. Belmont Homes - 2/16/2005
This matter arises from a suit filed by the purchasers of a mobile home against the seller and manufacturer. Plaintiffs allege contract, tort and redhibition damages. Defendants filed a dilatory exception of prematurity on the basis of...
Coutee v. Global Marine Drilling Co. - 2/16/2005
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
In this Jones Act negligence case, plaintiff, Delton Coutee, appeals the judgment of the trial court in favor of defendant, Global Marine Drilling Company (Global Marine). The...
Monistere v. Engelhardt - 2/15/2005
AFFIRMED IN PART; REVERSED IN PART; REMANDED
On November 7, 2001, the plaintiffs filed this medical malpractice action against Dr. Tod Engelhardt, after a finding by the Medical Review Panel that Dr. Engelhardt breached the...
Andrus v. Sanchez - 2/15/2005
AFFIRMED
The defendants have appealed the trial court's judgment in favor of plaintiff in this personal injury suit arising from an automobile accident. For the reasons that follow, we affirm.
FACTS
The plaintiff,...
Moory v. Allstate Insurance Co. - 2/11/2005
In this personal injury action, plaintiff, Emma D. Moory, appeals the trial court's judgment finding in favor of defendants and dismissing her claim with prejudice. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL...
Doe v. Breedlove - 2/11/2005
The plaintiff-appellant, Jane Doe, appeals an adverse summary judgment in favor of the defendant, The Standard Fire Insurance Company (Standard Fire), finding no coverage under its policy of liability insurance for her various claims...
Rebardi v. Crewboats - 2/11/2005
In this case, plaintiffs appeal the trial court's judgment sustaining defendant's peremptory exception raising the objection of no cause of action and dismissing, with prejudice, plaintiffs' claims for punitive damages. For the reasons...
Eusea v. Blanchard - 2/11/2005
In this medical malpractice case, Broadlawns Medical Center of Des Moines, Iowa (Broadlawns), and its excess liability Insurer, St. Paul Fire & Marine Insurance Company (St.Paul), appeal a judgment overruling their dilatory...
Lemlem v. Adams - 2/11/2005
Plaintiff appeals a judgment dismissing her personal injury suit as abandoned, contending that she properly requested that all defendants be served and that steps in the prosecution and defense of the suit were made to toll the period...
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