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.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Meyers v. Mr. Crosby - 5/17/2000
VACATED AND REMANDED.
In this personal injury case, the trial court granted defendants' motion for summary judgment. For the following reasons, we vacate and remand.
On May 24, 1995, plaintiff, Tony Meyers, filed this...
Spiller v. Ekberg - 5/17/2000
AFFIRMED.
In this personal injury lawsuit which resulted from an automobile accident, after a bench trial, the trial court found plaintiff twenty percent at fault, defendant eighty percent at fault, and awarded damages to both...
Davis v. Louisiana Power & Light Co. - 5/17/2000
AFFIRMED IN PART, AMENDED IN PART AND AFFIRMED AS AMENDED.
Defendant, Entergy Louisiana, Inc. (formerly Louisiana Power and Light Company) appeals a judgment in favor of Plaintiffs, Martha and Moses Davis, in a case of personal...
Vinnett v. Whalen - 5/17/2000
AFFIRMED AS AMENDED
This appeal arises out of an automobile accident that occurred on October 8, 1996. The defendants, Adolph C. Whalen III and The East Bank Consolidated Special Service Fire Protection District , stipulated to...
IN re Mayeux - 5/16/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Donald L. Mayeux, an attorney licensed to practice law in...
Guitreau v. Kucharchuk - 5/16/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
Plaintiff, Ben Guitreau, filed a medical malpractice action, claiming that the surgery performed on his knee by defendant, Dr. Andrew...
Richardson v. Lagniappe Hospital Corp. - 5/15/2000
The plaintiff, Coydell Brown, appeals a trial court decision granting summary judgment in a medical malpractice case in favor of the defendants, Dr. James P. Floyd and Lagniappe Hospital Corporation. We affirm the trial court...
Hurt v. Superior Cable Installation - 5/12/2000
In this appeal, Superior Cable Installation, Inc. (SCI), an employer, challenges a judgment of the Office of Workers' Compensation (OWC), imposing a penalty upon SCI for failure to secure workers' compensation insurance for a former...
Cabahug v. Text Shipping Co. - 5/12/2000
This is an appeal of a judgment awarding $1,213,161.47 in damages to a Filipino seaman in a maritime personal injury case.
BACKGROUND AND PROCEDURAL HISTORY
On December 8, 1995, Tomas Reyes Cabahug Jr. (Cabahug), a Filipino...
Gravois v. Delta Airlines - 5/12/2000
Plaintiffs, Jerry and Mary Crochet Gravois, brought suit against Delta Airlines, Inc. (Delta) and Baton Rouge Metropolitan Airport District (Airport) for personal injuries Jerry Gravois received while performing his duties as an...
Wheat v. Four Star Industrial Contractors - 5/12/2000
John Wheat appeals the denial of his workers' compensation claim. For the following reasons, we affirm.
FACTS
In June 1997, John Wheat was working for Four Star Industrial Contractors, Inc., as a welder. Following a 7:00...
Magee v. Pittman - 5/12/2000
This appeal involves a medical malpractice action. The jury rendered a verdict finding the defendant 20 percent at fault, the plaintiff 20 percent at fault and a non-party 60 percent at fault. The jury awarded damages for the...
Lowery v. Savana - 5/10/2000
Danny Savana ("Savana") appeals the trial court's assessment against him of $35,000 general damages and $5,133 past medical expenses arising from his perpetration of intentional tort upon Teresa Lowery ("Lowery"). We affirm in part and...
Stewart v. Carter - 5/10/2000
Plaintiff, Joanne Stewart, appeals from the grant of defendants' motion for summary judgment asserting that the ten-day period between the time of service of the motion and the hearing was not honored. Finding that the violation of the...
Williams v. US Agencies Casualty Insurance Co. - 5/10/2000
Following a bench trial, the District Court found, as a matter of law, that a "named driver" exclusion of an automobile insurance policy cannot exclude the named insured of a vehicle from coverage for the negligent operation of the...
Thompson v. Dillard's Department Store - 5/10/2000
Glemia Thompson appealed the dismissal of her claim by the Worker's Compensation Judge (WCJ) who denied her benefits after finding that Thompson failed to prove that her 1996 work-related accident caused an aggravation of her...
Anthony v. BE & K Construction - 5/10/2000
KOSTELKA, J., dissents with written reasons.
The primary issue in the employer's appeal from the award of worker's compensation benefits and medical expenses to claimant, Dorothy Anthony, is whether the Worker's Compensation...
Adams v. Canal Indemnity Co. - 5/10/2000
OSWALD A. DECUIR JUDGE
(Court composed of Chief Judge Ned E. Doucet, Judge Ulysses Gene Thibodeaux and Judge Oswald A. Decuir)
AFFIRMED AS AMENDED.
Thibodeaux, J., dissents and assigns reasons.
Plaintiffs,...
Kennedy v. Holder - 5/10/2000
Cheryl G. Kennedy and Frank Kennedy, the plaintiffs in this medical malpractice action, appeal from a trial court judgment granting a motion for summary judgment in favor of the only remaining defendant, Sisters of Charity of the...
Terrell v. Nanda - 5/10/2000
The issue presented in this appeal is whether plaintiffs in a medical malpractice action may collect as special damages the amount of medical expenses contractually written off by the healthcare provider pursuant to its contract with...
Durham v. Plum Creek Manufacturing - 5/10/2000
STEWART, J., concurs in part and dissents in part.
WILLIAMS, J., concurs in part and dissents in part for reasons assigned by Stewart, J.
The defendant, Plum Creek Manufacturing, appeals a decision by the Office of Worker's...
Turner v. Stassi - 5/10/2000
In this medical malpractice action, the defendant, Dr. Warren G. Stassi, appeals a judgment of the trial court awarding the plaintiffs, Audrey Carolyn Turner and Roy E. Turner, $120,000 in damages. Dr. Stassi challenges the merits of...
Yarnell Ice Cream Co. v. Allen - 5/10/2000
NORRIS, C.J., concurs with written reasons.
Defendant, James Gregg Allen, appeals a judgment finding that, subsequent to August 15, 1997, he willfully made false statements , constituting fraud, in violation of La. R.S. 23:1208,...
Langford v. Schumpert Medical Center - 5/10/2000
Plaintiffs, Betty Langford, Lisa Langford Doria and Patti Langford, on behalf of the estate of Thomas Langford, appeal the judgment of the trial court dismissing their medical malpractice claim against Defendants, Schumpert Medical...
Jones v. Shepard - 5/3/2000
HENRY L. YELVERTON, JUDGE
(Court composed of Henry L. Yelverton, Ulysses Gene Thibodeaux and Billie Colombaro Woodard, Judges)
AFFIRMED AS AMENDED.
Willie Jones checked himself into RiverNorth Treatment Center in...
In re Cannizzaro - 3/23/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from a petition for consent discipline filed prior to the institution of formal charges by respondent, Dale C. P. Cannizzaro, an attorney licensed to practice law...
James v. Jones - 3/22/2000
GRISBAUM, C.J., CONCURS IN PART; DISSENTS IN PART
AFFIRMED
This suit involves an automobile accident which occurred on December 15, 1997. Deborah Ann Johnson James was killed when the automobile she was driving was struck...
LeBlanc v. American International Insurance Co. - 3/22/2000
GLENN B. GREMILLION JUDGE
AFFIRMED.
In this case, the defendant, Illinois National Insurance Company, appeals the judgment of the trial court finding that its insurance policy provided coverage for the wrongful death of the...
Bourque v. Allstate Insurance Co. - 3/22/2000
AFFIRMED AS AMENDED.
Amy, J., dissents in part and assigns reasons.
YELVERTON, J.
This is a personal injury case brought by the parents of a high school girl. The child was a passenger in a car driven by her...
Manning v. Sketchler - 3/22/2000
AFFIRMED
Plaintiff, Frank W. Manning, Jr., appeals from the partial summary judgment granted in favor of defendant, Dr. Jeffrey Sketchler (Sketchler), on his claim for surgical malpractice. For the reasons which follow, we...
O'Regan v. Preferred Enterprises - 3/22/2000
Opinion released March 17, 2000
ON REHEARING
At issue before us is the question of whether an employee who has a disease presumed to be non-occupational under LA. REV. STAT. ยง 23:1031.1(D) is barred from pursuing a remedy...
Lizama v. Williams - 3/22/2000
REVERSED
This matter is an appeal from a judgment compelling settlement between appellant and appellees, which judgment by implication vacated a previous order declaring the underlying action abandoned. At the outset we note that...
Strouse v. M & M Properties - 3/3/2000
Judgment rendered March 3, 2000.
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
In this action for personal injuries arising out of an accident which occurred on rental property...
Joe Banks Drywall & Acoustics - 3/1/2000
As amended May 24, 2000.
Judgment rendered March 1, 2000.
This appeal arises from a default judgment against Defendant, Transcontinental Insurance Company ("Transcontinental"), finding coverage under a general commercial...
Mason v. CCC Express - 3/1/2000
This appeal arises from a judgment by a Workers' Compensation Judge ("WCJ") denying Ronald M. Mason's ("Claimant") motion to accelerate benefits, finding that Claimant failed to provide a written demand for past due payments which must...
Costin v. Testers - 3/1/2000
BROWN, J., dissents with written reasons.
In this workers' compensation case, appellant Zoe Costin seeks review of a judgment of the Office of Workers' Compensation dismissing her compensation claim on behalf of her deceased...
Spradlin v. Acadia-St. Landry Medical Foundation - 2/29/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ACADIA
This is an action against a private hospital for survival and wrongful death damages. This matter is before the court on an exception of prematurity....
In re Cline - 2/29/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Leonard J. Cline, an attorney licensed to practice law in...
Arwood v. J.P. & Sons - 2/29/2000
AFFIRMED
This appeal by the claimant in this workers' compensation case raises the issue of whether his second claim was properly dismissed pursuant to an exception of res judicata. For the reasons set forth herein, we affirm. ...
Gautreaux v. W.W. Rowland Trucking Co. - 2/29/2000
CANNELLA, J., DISSENTS.
AFFIRMED AND REMANDED
Defendants/appellants W.W. Rowland Trucking Company, Gregory J. Lee and Nobel Insurance Company appeal summary judgments finding them to be 100% liable for injuries sustained by...
Sealt v. Bogalusa Community Medical Center - 2/18/2000
By this writ application, the defendant in this workers' compensation action seeks review of the denial of its motion for summary judgment. We initially reviewed the application and denied the writ. The defendant then sought relief...
Smith v. Continental Casualty Co. - 2/18/2000
This appeal challenges the trial court's determination that plaintiff's tort suit against the state is barred by workers' compensation immunity. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The facts serving as the basis...
Ferguson v. Plummer's Towing & Recovery Inc. - 2/18/2000
Appellants, Joyce Ferguson, individually and on behalf of her minor child, Sylvia Jade Ferguson, and Joseph Mars and Craig Ferguson, appeal the trial court's grant of summary judgment in favor of appellee, State Farm Fire and Casualty...
Andre v. Binder - 2/18/2000
The appeal in this medical malpractice case challenges the judgment of the trial court sustaining the defendant's peremptory exception raising the objection of prescription and dismissing the plaintiff's lawsuit. For the following...
LaBiche v. Louisiana Patients' Compensation Fund Oversight Board - 2/18/2000
On August 23, 1991, Rhonda Labiche sustained a cardiorespiratory arrest and has remained in a coma since that date. She was originally hospitalized at Slidell Memorial Hospital, but on December 30, 1991, she was transferred to...
Brown v. Coregis Insurance Co. - 2/18/2000
This is an appeal from a judgment in a suit stemming from the death of James Hayes, Jr., an eleven-year-old boy who was killed while attempting to exit a school bus on March 20, 1997. The suit was filed by plaintiffs, Barbara Ann...
Haws v. Professional Sewer Rehabilitation - 2/18/2000
An employer and its insurer appeal an award of compensation benefits, rehabilitation services, penalties, and attorney fees in favor of a former employee. Finding error only in the amounts of the penalty and attorney fees awarded, we...
Morris v. United Services Automobile - 2/18/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
BROWN, J., concurs with written reasons.
HUDSON, POTTS & BERNSTEIN BY: Jay P. Adams, JJ.
Judgment rendered February 18, 2000. ...
Ekere v. DuPont Chemical Plant - 2/16/2000
AFFIRMED
Claimant, Ini Okon Ekere, appeals a judgment rendered by a hearing officer in the Workers' Compensation Administration granting defendant Dupont Chemical Plant's (hereafter Dupont) motion for summary judgment. The...
Sims v. Wood Towing - 2/16/2000
AFFIRMED IN PART; REVERSED IN PART.
Plaintiff, Derrick Sims, appeals a judgment in a maritime personal injury case which dismissed his suit against defendant, Wood Towing Co., Inc. We affirm in part and reverse in part.
On...
Klaveness v. Massey - 2/16/2000
Court composed of Judges Charles Grisbaum, Jr., James L. Cannella and Clarence E. McManus
REVERSED
The instant matter arises out of a two-car accident which occurred at the intersection of Broad and Esplanade Streets in New...
Eubanks v. Salmon - 2/16/2000
CANNELLA, J., DISSENTS WITH REASONS
AFFIRMED
In this medical malpractice action, defendants, Dr. John Salmon, Salmon Chiropractic Clinic and National Chiropractic Mutual Insurance Company, appeal from a Judgment...
Sea Trek - 2/16/2000
AFFIRMED
Plaintiff/appellant Sea Trek Inc. appeals a summary judgment in favor of defendant/appellee Sunderland Marine Mutual Insurance Company (Sunderland). The trial court found that an endorsement specific to fishing vessels...
Aucoin v. Lafayett Insurance - 2/16/2000
DESIGNATED FOR PUBLICATION
ELIZABETH A. PICKETT JUDGE
(Court composed of Judge Saunders, Judge Woodard, Judge Pickett)
REVERSED
The plaintiff, Stephen Blake Aucoin, appeals a summary judgment from the trial...
Jenkins v. Mangano Corp. - 2/16/2000
REVERSED; VACATED
This writ application arises from the trial court's denial of Mangano Corporation's ("Mangano") peremptory exception of no right of action as to Evelyn Jenkins' claim for the alleged wrongful death of her son,...
Jasper v. Progressive Insurance Co. - 2/9/2000
BILLIE COLOMBARO WOODARD JUDGE
AFFIRMED.
Ms. Ruth Malveaux rear-ended a vehicle which Mr. Kelvin Jasper, Sr., was driving. Mr. Jasper was operating an uninsured vehicle owned by another person. We are asked to decide if he...
In re Spears - 2/4/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from a petition for consent discipline filed by respondent, Clifton J. Spears, Jr., prior to the institution of formal charges. The Office of Disciplinary Counsel...
Craig v. Hebert - 2/2/2000
JIMMIE C. PETERS JUDGE
AFFIRMED
This personal injury suit arose out of a collision between a vehicle driven by Larry Craig, Jr., and a farm tractor driven by Robert Brooks. Craig and his wife, Paula, brought suit...
Castille v. State - 2/2/2000
(Court composed of Sylvia R. Cooks, Michael G. Sullivan, and Glenn B. Gremillion, Judges.)
AFFIRMED.
Jerry Castille was injured in an automobile accident on June 1, 1991. He, his wife, and children filed suit against the...
Hyatt v. Raggio - 2/2/2000
(Court composed of Chief Judge Ned E. Doucet, Jr., Judge Henry L. Yelverton, Judge Oswald A. Decuir, Judge Marc T. Amy, Judge Elizabeth A. Pickett)
REVERSED AND RENDERED.
AMY, Judge.
The plaintiffs filed suit against...
Dowell v. State - 2/1/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
In this action for damages arising out of a vehicular accident which occurred at a construction site, the trial court granted protective...
Jeter v. Shamblin - 2/1/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
GASKINS, J., concurring in part and dissenting in part.
In this medical malpractice action, the trial court sustained defendant's...
Coe v. State - 2/1/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
In this medical malpractice case, the plaintiff, William Robert Coe, Jr. ("Coe"), appeals a judgment in favor of the defendant, State of...
Wilson v. Landry - 12/28/1999
In this medical battery action, the trial court dismissed the lawsuit of Evelyn Wilson, on behalf of the minor child, Tryistan Wilson, appellant, pursuant to an exception of no cause of action filed by William N. Landry, III, M.D.,...
Ainsworth v. Bulloch - 12/22/1999
As amended May 8, 2000.
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Plaintiff, Bobby Ray Ainsworth, has appealed the trial court's dismissal of his medical malpractice action...
In re Cuccia - 12/17/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from a petition for consent discipline filed by respondent, Richard A. Cuccia, an attorney licensed to practice law in the State of Louisiana but...
In re Smith - 12/17/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from a petition for consent discipline filed by respondent, Glen Edward Smith, an attorney licensed to practice law in the State of Louisiana but...
Searcy v. Shoney's Restaurant - 12/15/1999
As amended April 11, 2000
Application for rehearing may be filed within the delay allowed by art. 2166. La. C.C.P.
CARAWAY, J., dissents with written reasons.
Plaintiff, Rose Searcy, appeals the judgment of the...
Coleman v. Acromed Corp. - 12/15/1999
This appeal arises from the trial court's granting of a peremptory exception of prescription filed by Defendants, Dr. Warren D. Long and Doctors' Hospital of Shreveport, Incorporated ("Hospital"), dismissing the claims of Plaintiffs,...
Paxton v. Sanderson - 12/10/1999
Judgment rendered December 10, 1999. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Honorable R. W. Kostelka, Judge
GASKINS, J., dissents with reasons
CARAWAY, J., dissents...
Cart v. Missouri Pacific Railroad Co. - 12/8/1999
NED E. DOUCET, JR. CHIEF JUDGE
(Court composed of Judge Ned E. Doucet, Jr., Chief Judge, Marc T. Amy and Glen B. Gremillion, Judges.)
AFFIRMED.
The Plaintiffs appeal the trial court's action on a variety of motions...
Poland v. Kroger #404 - 12/8/1999
Application for rehearing may be filed within the delay allowed by Art. 2166, La. CCP.
In this workers' compensation case, claimant, Jeanie R. Poland, appeals the Workers' Compensation Judge's ("WCJ's") finding that she did not...
Guillot v. Valley Forge Insurance Company - 12/8/1999
On July 9, 1997, Millard A. Guillot was struck by a pick up truck driven by Clint M. Bishop (hereinafter "Defendant"), while riding his bicycle. Two months later, Guillot died from a pulmonary embolism which stemmed from his inactivity...
Dean v. State of Louisiana - 12/8/1999
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
Honorable Jenifer Ward Clason, Judge
DOTD filed a writ contesting the trial court's denial of a peremptory exception of no right of...
Kavanaugh v. Edwards - 12/8/1999
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
The plaintiffs, Joseph and Dorothy Kavanaugh, appeal the trial court's judgment dismissing their medical malpractice claim against the...
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14
|
|