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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Darbonne v. Wal-Mart Stores - 11/2/2000
AFFIRMED.
THIBODEAUX, Judge.
The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, appeal a judgment in favor of the plaintiffs, Gerard and Tricia Darbonne, in this products liability suit....
Phipps v. Bruno Construction - 11/2/2000
AFFIRMED.
DOUCET, Chief Judge.
Claimant, Nick Phillips, appeals a judgment of a workers' compensation judge denying his request for workers' compensation benefits. We affirm.
FACTS
It is undisputed that on...
Beard v. Grey Wolf Drilling Company - 11/2/2000
WOODARD, J., DISSENTS AND ASSIGNS WRITTEN REASONS.
AFFIRMED.
DECUIR, Judge.
Melissa Beard, individually and on behalf of her two minor children, filed suit against her deceased husband's employer, Grey Wolf Drilling...
Jones v. Compression Coat Corp. & Paul Laine & Co. - 11/2/2000
REVERSED AND REMANDED.
PETERS, Judge.
This appeal involves the issue of borrowed employee status in the context of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C.A. ยง 901, et seq. The plaintiff, Louis...
Millican v. General Motors Corp. - 11/1/2000
We granted an application for supervisory review filed by defendant, General Motors Corporation ("GM"), following the denial of an exception of prescription by the workers' compensation judge ("WCJ"). For the reasons set forth below,...
Hammock v. Louisiana State University Medical Center - 11/1/2000
Louisiana State University Medical Center (LSUMC) appeals the quantum of an award to Vonda Hammock, on behalf of Alexis Thompson, for the mis-diagnosis and delay in treatment of a Monteggia fracture. We affirm.
Facts
On...
Thomas v. Irving Place Rehabilitation Care Center - 11/1/2000
The claimant, Toni L. Thomas, filed this workers' compensation action against Irving Place Rehabilitation Care Center ("Irving Place") and its insurer, Travelers Property Casualty ("Travelers"), contending that she sustained a back...
Hopewell - 11/1/2000
The defendant, Mobil Oil Company (Mobil), filed an application for supervisory writs following the trial court's denial of its exceptions of no cause of action and prescription. This court granted the writ application and ordered the...
Piro v. Chandler - 11/1/2000
In this medical malpractice action, the jury determined that the defendant, Bossier Medical Center ("BMC"), did not breach the standard of care in the treatment of Salvatore Piro, who died on July 31, 1995 while a patient at BMC. ...
Cantrelle v. Whipple - 11/1/2000
Norma Cantrelle and Charmaine Cantrelle Chaisson appeal a judgment dismissing, on a motion for summary judgment, their suit against their attorney Keith Whipple to recover excess attorney fees they allege Whipple charged them.
We...
Murillo v. Hernandez - 10/31/2000
AMENDED AND AFFIRMED.
This is a dog-bite suit in which plaintiff sought recovery for severe injuries inflicted on her six-year-old son by a 65-pound dog belonging to defendant Vincente Hernandez , which Hernandez had left tied...
Gros v. Gaudin - 10/31/2000
REVERSED AND REMANDED.
The Claimant, Linda Gros, appeals from the judgment rendered by the Office of Workers' Compensation (OWC) in favor of Defendant, Maryland Casualty Company (Maryland), dismissing her claim for reimbursement...
Haywood v. Dugal - 10/31/2000
AFFIRMED AND REMANDED.
Defendants appeal the trial court's denial of their motion for summary judgment and its grant of partial summary judgment in favor of plaintiffs. We affirm and remand for further proceedings.
These...
Joseph v. Broussard Rice Mill - 10/30/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU
At issue before us in this personal injury case is whether the lower courts properly applied the law of judgment notwithstanding the verdict (JNOV)...
Duncan v. Kansas City Southern Railway Co. - 10/30/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL THIRD CIRCUIT, STATE OF LOUISIANA
This case arises out of a collision between a locomotive and a church van at a railroad crossing in Beauregard Parish. There were three passengers,...
Shields v. GNB Technologies - 9/27/2000
From a judgment in favor of the worker's compensation claimant, Kathleen Shields, the employer, G.N.B. Technologies, Inc. (GNB), appealed a judgment awarding the claimant penalties and attorney's fees along with the right to be...
Lodestro Co. v. City of Shreveport - 9/27/2000
This is an inverse condemnation action by Lodestro Company for damages allegedly sustained as a result of Streetscape, a project to revitalize and renovate the streets and infrastructure of downtown Shreveport. Lodestro Company appeals...
Harris v. Stimac - 9/22/2000
Whipple, J concurs in the result.
The issue raised on appeal in this personal injury action is whether the State of Louisiana, Department of Public Safety and Corrections/Division of Youth Services (DPSC) can be held liable for...
Burell v. Sharp - 9/22/2000
In this case involving a minor automobile accident, plaintiffs, Mary Burell, Chinelle Straughter, and Barbara Straughter, appeal the trial court's denial of their claims for personal injury damages. We affirm.
On November 24,...
Mehta v. Baton Rouge Oil Company - 9/22/2000
The issue before this court arises from a dispute about how the interest on a judgment should be computed. More specifically, the question is whether the phrase "from date of judicial demand" in the judgment relates to the original...
In re Walker - 9/22/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from the filing of formal charges by the Office of Disciplinary Counsel ("ODC") against respondent, Thomas L. Walker, an attorney licensed to practice...
Delmore v. Hebert - 9/22/2000
In this action for damages, plaintiffs-appellants Jacqueline Delmore and Tammy Christy appeal from a judgment granting an exception of prescription in favor of defendant-appellee State Farm Insurance Company (State Farm), which...
Dumont v. Maaliki - 9/22/2000
This action arises out of a wrongful death/medical malpractice claim brought by the husband and children of Mrs. Dyann Dumont against the Cardiovascular Institute of the South (CIS) and its employee, Dr. Salem Maaliki. After the trial...
Bel v. State Farm Mutual Automobile Insurance Co. - 9/22/2000
In this wrongful death and survival action, plaintiffs, Mary Bel, Linda Mire and Carolyn Heard, appeal the trial court's judgment, granting the motion for summary judgment filed by defendant, State Farm Mutual Automobile Insurance...
St. Paul Fire And Marine Insurance Co. v. Eusea - 9/22/2000
This is an appeal from a declaratory judgment that determined a physician's status as a qualified health care provider under the Louisiana Medical Malpractice Act, LSA-R.S. 40:1200.41 et seq. (the Act). The judgment also determined...
Ginn v. Woman's Hospital Foundation - 9/22/2000
In this case, defendant, Woman's Hospital Foundation, Inc. (Woman's Hospital), appeals the district court's denial of its dilatory exception pleading the objection of prematurity, contending that plaintiff's case must be submitted for...
In re Bergeron - 9/15/2000
This attorney disciplinary proceeding arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against Michael Bergeron, an attorney licensed to practice law in the State of Louisiana, but currently...
Cunningham v. Northland Insurance Co. - 9/14/2000
REVERSED AND REMANDED.
In this personal injury case, the trial court granted defendants' motion for summary judgment, dismissing plaintiffs' claims as to them. For the following reasons, we reverse the summary judgment and remand...
Schexnayder v. LeBlanc Hyundai - 9/14/2000
CANNELLA, J., CONCURS, WITH REASONS:
AFFIRMED AS AMENDED.
In this personal injury case, both the plaintiff and a defendant appeal the trial court judgment rendered after trial. For the following reasons, we amend the...
Leblanc v. St. Paul Fire and Marine Insurance Co. - 9/6/2000
AFFIRMED.
COOKS, Judge.
The Louisiana Patient's Compensation Fund appeals a judgment against it in the amount of $591,321.29. It alleges the trial court erred in finding in favor of appellee and denying its Motion in Limine...
Taylor v. Sauls - 9/6/2000
THIBODEAUX, J., CONCURS IN PART AND DISSENTS IN PART AND ASSIGNS WRITTEN REASONS AMY, J., DISSENTS AND ASSIGNS REASONS
AFFIRMED.
SAUNDERS, Judge.
Cecil Taylor, Kay Crain, Mary B. Van Orden, Bettie Folsom, Billie Jo...
LeBlanc v. Dr. Richard Barry Louisiana Patient's Compensation Fund - 8/30/2000
APPEAL MAINTAINED.
Saunders, J. dissents and would grant the Motion to Dismiss based on untimeliness.
The plaintiff/appellee, Edward LeBlanc, seeks to dismiss the above captioned appeal as untimely. We disagree and maintain...
Craighead v. Preferred Risk Mutual Insurance Co. - 8/25/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Victor Jerome Sullivan, Cedar Creek School and its insurer, Preferred Risk Mutual Ins. Co. (Cedar Creek defendants) appealed the judgment in...
We the People Paralegal Services - 8/25/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
NORRIS, C.J., concurs in result.
CARAWAY, J., dissents with reasons.
We granted the application for supervisory writ filed by the...
Blackburn v. National Union Fire Insurance Co. of Pittsburgh - 8/23/2000
GLENN B. GREMILLION, JUDGE
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
This appeal arises out of a rear-end collision involving a truck leased by Scafco Limited and insured by National Union Fire Insurance Company of...
Nunez v. Commercial Union Insurance Co. - 8/23/2000
GLENN B. GREMILLION JUDGE
AFFIRMED AS AMENDED.
The defendant, the State of Louisiana, Department of Public Safety and Corrections (DPSC), appeals the judgment rendered by the trial court following a jury's verdict in favor...
Beasley v. Yokem Toyota - 8/23/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
The plaintiffs appeal from a jury verdict, contending that the awards for damages were inadequate. For the following reasons, we affirm in...
Bonds v. Byrd - 8/23/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
NOT DESIGNATED FOR PUBLICATION
This case arises out of a one-vehicle accident that occurred in Lincoln Parish. The plaintiffs filed the...
Orillac v. Solomon - 8/23/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
This appeal arises from an automobile accident in which Defendant, Cleo Solomon, was solely at fault in injuring Plaintiff, Patricia Orillac...
Biondo v. Biondo - 7/31/2000
Vedelia D. Biondo (Vedelia) appealed from the trial court's judgment in an action to partition the community property, which existed between her and her former husband, Andrew C. Biondo (Andrew). For the following reasons, this court...
In re Basf Corporation's Exemption Permit From Hazardous Waste Land Disposal Restrictions - 7/31/2000
KUHN, J. concurs
This is an appeal by citizen groups from a decision of the Louisiana Department of Environmental Quality (DEQ), in a permit action, to grant an exemption to BASF Corporation (BASF) from the statutory ban on the...
Gilbert v. B.D.O.W.S. - 6/23/2000
Judgment rendered June 23, 2000.
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
Honorable Benjamin Jones, Judge
CARAWAY, J., concurs in part and dissents in part with reasons. ...
Braud v. First National Bank of Gonzales - 6/23/2000
Disposition: AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART AND REMANDED.
In this workers' compensation case, an employer appeals a ruling awarding temporary total disability benefits, supplemental earnings benefits (SEBs),...
Green v. Southern United Fire Insurance Co. - 6/23/2000
This appeal challenges the retroactive application of a legislative enactment that shortened the period of inactivity constituting an abandonment of a cause of action from five to three years. We hold that the provision may be applied...
Goodne v. B E & K Construction - 6/23/2000
Judgment rendered June 23, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
The plaintiff, Ronald G. Gooden, Sr., appeals from a decision by a workers' compensation judge (WCJ)...
State v. Henderson - 6/23/2000
Disposition: CONVICTION AND SENTENCE AFFIRMED.
The defendant, Jermaine Henderson, was charged by grand jury indictment with one count of second degree murder, a violation of La. R.S. 14:30.1. He pled not guilty. Following a jury...
Butz v. Lynch - 6/23/2000
The only issue in this appeal is whether the intentional inhalation of the contents of a can of air brush propellant to produce an intoxicating effect while operating a motor vehicle is a "reasonably anticipated use" of that product by...
Insurance Co. of North America v. Gaylord Container Corp. - 6/23/2000
Appellants, Murphy Johnny LaBauve ("LaBauve") and Insurance Company of North America, the workers' compensation insurer for V.P. Fairley (LaBauve's employer), appeal from a summary judgment granted in favor of Gaylord Container...
Sallinger v. Robichaux - 6/23/2000
This matter has been remanded by the Louisiana Supreme Court: 1) to ascertain the merits of plaintiff's right to raise, for the first time on appeal, the issue of the jury's failure to award general damages when special damages had...
Coffey v. Block - 6/23/2000
CARAWAY, J., concurs with written reasons.
In her appeal of the judgment sustaining the defendants' exception of prescription and peremption and dismissing her legal malpractice action with prejudice, Jeanette Champagne Coffey...
Dartlone v. Louisiana Power & Light Company - 6/21/2000
As amended October 2, 2000. There is no change in the opinion.
This appeal arises out of the fatal electrocution of 17-year-old Jed Dartlone. On July 20, 1994, while working a summer job for the Tensas Basin Levee Board, which...
Lagrange v. Schumpert Medical Center - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
In this medical malpractice action, the plaintiff, Wilbert LaGrange, appeals from a trial court...
Fay v. Conway Medical Center - 6/21/2000
Judgment rendered June 21, 2000. Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
In this medical malpractice action, the plaintiff, Linda Faye Collum, appeals from a district court judgment...
Judalet v. Kusalavage - 6/21/2000
ULYSSES GENE THIBODEAUX JUDGE
(Court composed of Judge Henry L. Yelverton, Judge Ulysses Gene Thibodeaux and Judge Elizabeth A. Pickett)
JUDGMENT RENDERED ON JUNE 21, 2000
AFFIRMED.
In this medical malpractice...
Lucero v. Burney Gear Company - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
In this case, the alleged tortfeasor/defendant challenges the continued application of the holding in...
Hodges v. Bossier Medical Center Healthcare - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
These consolidated writ applications question whether an employee with a work-related injury may sue...
Lara v. Knotts - 6/21/2000
Judgment rendered June 21, 2000. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Plaintiffs, John Lara and his father, Victorino Lara, appeal from a judgment rejecting their claims for...
Plank v. Town of Rayville - 6/21/2000
Judgment rendered June 21, 2000. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
PEATROSS, J.
This appeal arises out of a fatal train accident which occurred at a railroad crossing...
Merrells v. State Farm Mutual Automobile Insurance Company - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Cloteal and Jenkins Merrells ("plaintiffs") appeal the trial court's denial of their personal injury...
Demopulos v. Jackson - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Claiming that the trial court erred in denying his request for a continuance, this medical...
In re Southall - 6/16/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from a petition for consent discipline filed by respondent, Phyllis Southall, prior to the institution of formal charges.
UNDERLYING FACTS
The petition...
In re Beard - 6/16/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from three sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Orscini L. Beard.
UNDERLYING FACTS
96-DB-084
On May...
In re Sabludowsky - 6/16/2000
June 16,2000 - See News Release #41
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Meyer...
Ring v. Decor Gravure Corp. - 6/7/2000
AFFIRMED IN PART; RENDERED IN PART; AND REMANDED.
GREMILLION, Judge.
The defendant, Decor Gravure, appeals the workers' compensation judge's determination that it was the statutory employer of the plaintiff, Robert Ring, at...
Rajnowski v. St. Patrick Hospital of Lake Charles - 6/7/2000
WRIT DENIED.
YELVERTON, J.
This is a wrongful death action against a doctor, the doctor's insurer, and a hospital. The defendants filed exceptions of res judicata and prescription. The district court heard and denied both...
Joseph v. Jefferson Parish Fire Department - 5/30/2000
AFFIRMED
Claimant, Kenneth M. Joseph, appeals a determination by the Office of Workers' Compensation that denied him benefits for an alleged mental injury caused by extraordinary mental stress related to his employment. Joseph, a...
Bacas v. Falgoust - 5/30/2000
MCMANUS, J., CONCURS WITH REASONS.
SUMMARY JUDGMENT VACATED; CASE REMANDED.
Plaintiff, Rose Bacas, appeals from the summary judgment granted in favor of defendant, Leroy Falgoust d/b/a Falgoust Investigations (Falgoust)....
Lombas v. Southern Foods - 5/30/2000
AMENDED AND AFFIRMED
This suit arises out of an automobile accident. Plaintiff, William Lombas III, was backing his car when a milk truck in front of him, also backing up, struck the front of his car. Also named as plaintiffs...
In re Boydell - 5/26/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Earl Boydell, Jr., an attorney licensed to practice law in...
In re Henderson - 5/26/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from seven counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Edward L. Henderson, an attorney licensed...
Wade v. Autoland - 5/26/2000
The defendants, Autoland, Inc., and American Equity Insurance Company ("American Equity"), appeal a judgment awarding damages to the plaintiffs, Jay P. Wade III, Kristy Wade and Mary Taylor on behalf of her minor daughter, Jewell...
McPherson v. Lake Area Medical Center - 5/24/2000
NED E. DOUCET, JR. CHIEF JUDGE
(Court composed of Ned E. Doucet, Jr.,Chief Judge, Sylvia R. Cooks and Marc T. Amy, Judges)
AFFIRMED.
AMY, J., DISSENTS AND ASSIGNS REASONS.
Defendant, the Louisiana Patients'...
Terrebonne v. Floyd - 5/23/2000
Judges Pro Tempore by special appointment of the Louisiana Supreme Court.
Plaintiffs appeal the trial court's judgment granting defendant's motion for summary judgment. The court found because plaintiffs failed to retain an...
Walker v. Acadian Builders of Gonzales - 5/19/2000
Linda Walker and Charles Robinson (appellants) appeal from the grant of summary judgment by the Louisiana Office of Workers' Compensation in favor of Acadian Builders of Gonzales, Inc. and its insurer, Louisiana Commerce & Trade...
Ruttley v. Lee - 5/17/2000
JUDGMENT REVERSED IN PART, AFFIRMED IN PART, AMENDED AND RENDERED.
FACTS
This is an action for damages arising out of an automobile accident which resulted in the death of Stacey Ruttley. The trial court assessed 80%...
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