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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Machen v. Bivens - 2/11/2005
This is a civil action seeking recovery of damages for personal injury. The plaintiffs-appellants, Evonne L. Machen and Richard A. Machen, Jr., appeal an adverse partial summary judgment, dismissing their claims against the...
Evins v. Louisiana Farm Bureau Mutual Insurance Co. - 2/11/2005
Before: PARRO, KUHN, and WELCH, JJ.
The plaintiff in this action appeals from a summary judgment in favor of an insurance company on the issue of coverage relative to an umbrella policy of insurance. For the following reasons, we...
Poullard v. Venable - 2/8/2005
In this medical malpractice case, the plaintiff, John Poullard, appeals a judgment in favor of the defendants, Louisiana State University Health Sciences Center and Drs. Dennis Venable, Brett Carver, Chad Brekelbaum and Keith...
Fritsche v. Vermilion Parish Hospital Service District #2 - 2/2/2005
REVERSED AND RENDERED.
Renell Fritsche, the common law wife of the decedent, and Paul and Leila Holt, parents of the decedent, filed a petition for damages against Vermilion Parish Hospital Service District No.2 d/b/a Abbeville...
Ceasar v. Barry - 2/2/2005
AFFIRMED AS AMENDED.
For the third time, the Louisiana Patient's Compensation Fund appeals a ruling of the trial court in this medical malpractice case. At issue herein is whether summary judgment was properly granted in favor of...
Proshee v. Shree - 2/2/2005
AFFIRMED.
Hotel patron who was allegedly beaten and robbed by unknown assailants in the hotel parking lot brought suit against the hotel. The insurer of the hotel intervened and filed a Motion for Summary Judgment based on the...
Noel v. Wal-Mart Stores - 2/2/2005
AFFIRMED AS AMENDED.
Plaintiff, Margaret Noel, appeals the jury verdict awarding her damages from Defendant, Wal-Mart Stores, Inc., alleging inadequate jury award and failure of the jury to award future medical expenses and loss...
Lemonia v. Lafayette Parish Consolidated Government - 2/2/2005
AFFIRMED.
The vehicle owner and the driver of vehicle involved in accident with police vehicle filed suit alleging property damage and personal injury. Finding that there has been no showing of error on the part of the trial...
Player v. International Paper Co. - 1/28/2005
In this workers' compensation case, the employer, International Paper Company (IP), appeals from a judgment which ordered it to pay to the claimant, Blake W. Player, indemnity benefits, past and future medical benefits, attorney fees...
Robertson v. West Carroll Ambulance Service District - 1/26/2005
As alleged in the petition, plaintiff's medical malpractice claim for the death of his father was based upon the actions of a doctor at a hospital owned by the appellee. Plaintiff's father was taken to the hospital after an automobile...
Bailey v. Khoury - 1/20/2005
The decisions of the lower courts' denying defendants' peremptory 2004-CC-0684 exceptions of prescription are affirmed, and the case is remanded to the district court.
AFFIRMED; REMANDED TO THE DISTRICT COURT.
KIMBALL, J.,...
Carter v. Haygood - 1/19/2005
For the foregoing reasons, we reverse the court of appeal's judgment and reinstate the district court's judgment in its entirety.
REVERSED.
KIMBALL, J., dissents in part and assigns reasons.
VICTORY, J., dissents and...
Delcambre v. Blood System - 1/19/2005
For the above reasons, we conclude that a voluntary blood donor, who is allegedly injured during the process of blood donation by an employee of a community blood bank, is not a "patient" as defined by the Medical Malpractice Act, and...
Cheron v. LCS Corrections Services - 1/19/2005
For the foregoing reasons, the decision of the court of appeal denying the Department's application for writ of certiorari is affirmed.
AFFIRMED.
Certiorari was granted in this matter to address a split in the circuits as...
Siliezar v. East Jefferson General Hospital - 1/11/2005
AFFIRMED
The plaintiff in this medical malpractice suit has appealed the trial court judgment in favor of the defendants. For the reasons that follow, we affirm.
FACTS
The plaintiff, Bertha Siliezar, presented to the...
In re Coney - 1/7/2005
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Curtis J. Coney, Jr., an attorney licensed to practice law in Louisiana but currently on interim suspension. ...
In re Bordelon - 1/7/2005
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, J. Michael Bordelon, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
In 1987,...
Murchison v. Lyndon Property Ins. Co. - 12/30/2004
AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART; AND RENDERED.
In this personal injury claim arising out of an automobile accident case, defendants, Officer Timothy Richards (Officer Richards) and the City of Lake Charles,...
Wild v. NS'NG - 12/30/2004
This matter comes before this court on a writ of certiorari granted to consider the correctness of the trial court's judgment sustaining the dilatory exception raising the objection of prematurity filed by defendant, NS'NG, Inc. d/b/a...
Sullivan v. Sullivan - 12/30/2004
AFFIRMED.
Thibodeaux, C.J., dissents and assigns written reasons.
In this community property case, the dispute involves the valuation of retirement funds in the former husband's Deferred Retirement Option Plan (DROP)...
Boyd v. Allied Signal - 12/30/2004
This is an appeal by various defendants, contesting the trial court's decision to certify the issue of liability in a class action arising from an alleged mass tort. For the reasons expressed below, we reverse and amend the trial...
Guidry v. Coregis Insurance Co. - 12/29/2004
AFFIRMED IN PART AS AMENDED, REVERSED IN PART, AND RENDERED.
Woodard, J., concurs in part and assigns written reasons.
Both the Plaintiffs and Defendants appeal the trial court's judgment in this legal malpractice suit. We...
Lawson v. Mitsubishi Motor Sales of America - 12/29/2004
WRIT GRANTED; AFFIRMED; AND RENDERED.
In this products liability case, Mitsubishi Motors North America, (Mitsubishi) appeals the trial court's grant of the plaintiffs' motion for judgment notwithstanding the verdict (JNOV) on the...
Collins v. Huynh - 12/22/2004
AFFIRMED.
FACTS
Daniel Collins was a patron at Lipsticks, a strip club in Lafayette, on the night of September 6, 2000, and into the early morning hours of September 7. According to his petition, Collins "had been drinking...
Honeycutt v. State Farm Fire & Casualty Co. - 12/22/2004
In this case involving a collision between a cow and a motor vehicle, the defendants appeal from a judgment holding the cow owners and their insurer liable for damages sustained by the motorist who struck the cow. We affirm. ...
Deshotel v. Guichard Operating Co. - 12/17/2004
AFFIRMED.
CALOGERO, C.J., concurs and assigns reasons. KNOLL, J., concurs.
This matter is before the Court on the issue of whether the non-dependant, adult children of an employee killed in an "accident arising out of and...
Bogus Lusa Waterworks Dist. v. Louisiana Dep't of Environmental Quality - 12/17/2004
Washington Area Resource Network (WARN) appeals a trial court judgment maintaining a peremptory exception raising the objection of no right of action asserted by Washington Parish Energy Center (WPEC) and the grant of WPEC's opposition...
Louisiana Patient's Compensation Fund Oversight Board v. Edwards - 12/15/2004
This matter arises from a dispute over the provision of future medical care and related expenses for Alexander Lashley, a young victim of medical malpractice. The Patient's Compensation Fund Oversight Board ("PCFOB") appeals a judgment...
Oliveaux v. St. Francis Medical Center - 12/15/2004
The plaintiff, Loyd Donald Oliveaux (represented by his sister, Jennifer O. Berry, and referred to herein as "Oliveaux"), appeals a jury verdict that rejected his wrongful death claims against St. Francis Medical Center, Dr. Camille...
Rivera v. M&R;Cable Contractors - 12/15/2004
AFFIRMED AS AMENDED AND REMANDED.
M&R;Cable Contractors, Inc., and its insurer, Bridgefield Casualty Insurance Company, appeal a judgment of the Office of Workers' Compensation which found that Juan Rivera was its employee...
Watkins v. Lake Charles Memorial Hospital - 12/15/2004
Peters, J., concurs in the result.
Amy, J., concurs in part and dissents in part and assigns reasons.
AFFIRMED, AS AMENDED.
The Louisiana Patient's Compensation Fund (LPCF) appeals a judgment from the trial court,...
Harrison v. Natchitoches Parish Sheriff's Dep't - 12/15/2004
AFFIRMED.
STATEMENT OF THE CASE
On October 9, 1999, Spencer Hymes, while incarcerated in the Natchitoches Parish Detention Center, was severely beaten by another inmate, Jerry "Lou" Johnson. Several months after this...
Thornton v. Louisiana Plastic Industries - 12/15/2004
In this workers' compensation action, the employer, Louisiana Plastic Industries, Inc. ("LPI"), appeals the Workers' Compensation Judge's ("WCJ") ruling allowing the claimant, Kenneth Thornton, to undergo a lumbar surgical procedure...
Stortz v. Waguespack - 12/14/2004
AFFIRMED
In an automobile accident case in which the Plaintiff, James Stortz, was struck and injured by a hit and run driver, the Defendants, State Farm Mutual Automobile Insurance Company (State Farm) and Jules R. Waguespack...
Davis v. Fenerty - 12/14/2004
JUDGMENT AMENDED; AS AMENDED, AFFIRMED
STATEMENT OF THE CASE
On August 27, 1991, Lane Davis ("Davis") was operating a vehicle, owned by Robert Davis, and was stopped in a u-turn lane on Power Boulevard in Metairie,...
Beilenson v. Jefferson Parish Hospital Service Dist No. 2 - 12/14/2004
AFFIRMED
The defendant, East Jefferson General Hospital, has appealed the trial court's judgment in favor of plaintiffs, Ronald and Stuart Beilenson. For the reasons that follow we affirm.
FACTS
The plaintiffs' 65...
Joseph v. Onyx Industrial Services - 12/14/2004
AFFIRMED
STATEMENT OF THE CASE
Plaintiff, Severa Joseph, Sr., was allegedly injured on June 25, 2002 while in the course and scope of his employment with Onyx Industrial Services. He alleges he injured his back while...
In re Comish - 12/13/2004
This disciplinary matter arises from three counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John B. Comish, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS ...
Fontenot v. Reddell Vidrine Water District - 12/8/2004
Peters, J., dissents and assigns reasons.
AFFIRMED.
Claimant appeals a determination by the workers' compensation judge that his claim for indemnity benefits had prescribed.
FACTS & PROCEDURAL HISTORY ...
Robin v. Allstate Indemnity Co. - 12/8/2004
AFFIRMED.
Allstate Indemnity Company appeals a jury verdict awarding Noran J. Robin (Joe) damages for a back injury he suffered when Allstate's insured, Norman Breaux, rear-ended the truck driven by Joe. Allstate complains about...
Scott v. Roberts - 12/8/2004
AFFIRMED.
James Roberts and the State of Louisiana, through the Department of Transportation and Development (collectively "the State"), appeal the trial court's denial of their motion to reform the judgment and place $45,000.00...
Comeaux v. Wranglers Night Club - 12/8/2004
AFFIRMED.
The death at issue in this matter followed a visit to the defendant night club. The decedent's family members allege that the death resulted from what they contend was a physical confrontation with an employee of the...
Guidry v. International Maintenance Co. - 12/8/2004
AFFIRMED.
Russell Guidry appeals the workers' compensation judge's (WCJ) determination that he failed to prove an injury in the course and scope of his employment. For the following reasons, we affirm.
Discussion of the...
Rodriguez v. Ed's Mobile Homes of Bossier City - 12/8/2004
AFFIRMED.
Purchasers of a mobile home sued the manufacturer and dealer for redhibition and attorney fees. The manufacturer alleged the existence of an arbitration agreement and brought a dilatory exception of prematurity. The...
Cormier v. Louisiana Southwest Scrap & Salvage - 12/1/2004
AFFIRMED AS AMENDED AND REMANDED.
David Cormier was injured while unloading a customer's scrap hauling truck at Louisiana Southwest Scrap and Salvage (Southwest). Southwest denied workers' compensation benefits, alleging Mr....
Metoyer v. Roy O. Martin - 12/1/2004
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
Saunders, J., dissents and assigns written reasons.
Employer, Roy O. Martin, Inc., managing partner of Martco Partnership (collectively Martco), appeals a...
Williamson v. Hospital Service Dist. No. 1 of Jefferson - 12/1/2004
Not every unintentional tort committed by a qualified health care provider falls within the Medical Malpractice Act, only those "arising from medical malpractice." La. Rev. Stat. 40:1299.41(l). Plaintiff alleges in her petition, as...
Wright v. General Aviation Co. - 11/30/2004
AFFIRMED AS AMENDED
In this personal injury lawsuit, after a bench trial, the trial judge found in favor of plaintiff and awarded general and special medical damages. On appeal, plaintiffs, Clifford and Betty Wright, aver that...
Bell v. Kreider - 11/30/2004
REVERSED, RENDERED AND REMANDED
This is a personal injury suit arising out of a 1998 accident on the Lake Pontchartrain Causeway Bridge. The suit was dismissed for abandonment. Plaintiffs filed a motion to vacate the order of...
Cenacle Retreat House & Summit-Claims Center v. Dubose - 11/30/2004
AFFIRMED
The Defendant, Regina Dubose (Dubose), appeals a workers' compensation judgment in favor of the Plaintiff, Cenacle Retreat Home (Cenacle), which denied her claim for benefits. We affirm.
Dubose was hired on August...
Garcia v. Brown - 11/24/2004
STEWART, J., concurs in result only. PEATROSS, J., concurs.
On May 25, 1996, David Garcia, plaintiff herein, and Kristen Brown were traveling from Jackson, Mississippi, to Dallas, Texas, through Louisiana on Interstate 20. Garcia...
In re Armant - 11/19/2004
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, William G. Armant, an attorney licensed to practice law in Louisiana...
Leday v. Safeway Ins. Co. of LA. - 11/17/2004
REVERSED AND RENDERED.
In this personal injury case involving an underinsured motorist claim, appellant, Safeway Insurance Company (Safeway), asserts that the trial court should have granted its Motion for Involuntary Dismissal...
Simmons v. Turner - 11/17/2004
WRIT DENIED.
Woodard, J., concurs in the result and assigns written reasons.
The plaintiffs filed suit seeking damages related to the death of their father while he was in the custody of the Sheriff of Allen Parish. The...
In re Schiro - 11/15/2004
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Gasper J. Schiro, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
Harry Witt...
Taylor v. Christus Health Southwestern Louisiana - 11/10/2004
Cooks, J., concurs and assigns reasons.
REVERSED.
John Henry Taylor and his wife, Brenda Taylor, filed suit against Christus Health Southwestern Louisiana, d/b/a Christus St. Patrick Hospital of Lake Charles ("Christus"),...
Sterling v. Asplundh Tree Expert Co. - 11/10/2004
AFFIRMED.
This case comes to us after rulings on two post-judgment motions. Claimant, Richard Sterling, appeals the decision of an office of workers' compensation judge (WCJ) in favor of Defendant, Asplundh Tree Expert Co....
In re Wiley - 11/10/2004
REVERSED, RENDERED IN PART, AND REMANDED.
Cynthia Wiley's claims against Dr. Paul E. Miller were dismissed because she failed to comply with a judgment ordering her to answer discovery propounded by Dr. Miller. For the following...
Barraka v. Bowie - 11/10/2004
AFFIRMED.
Omatu and Metra Barraka, husband and wife, appeal a judgment of involuntary dismissal with prejudice of their suit against Joann Bowie and her automobile liability insurer, Safeway Insurance Company of Louisiana...
Dore! Energy Corp. v. Massari - 11/10/2004
REVERSED.
This is a suit to cancel a lease. The trial court entered judgment November 19, 2003, canceling the lease by summary judgment. We reverse.
FACTS
On February 2, 1983, Cameron Meadows Land Company granted a...
In re Mann - 11/8/2004
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Lawrence A. Mann, an attorney licensed to practice law in Louisiana but currently on interim suspension. ...
Collins v. Farris - 11/3/2004
In this personal injury case, Loyetta Collins appeals a summary judgment in favor of her employer's business automobile liability insurance company, Evanston Insurance Company (Evanston), dismissing her claims against Evanston for...
Harrison v. Baldwin Motors - 11/3/2004
Application for Rehearing filed 11/22/2004; Rehearing denied 12/28/2004
An employee appeals the judgment of the Louisiana Office of Workers' Compensation Administration (OWC), which denied his claim for workers' compensation...
Hardie v. Professional Physical Rehabilitation Hospital - 9/29/2004
AFFIRMED.
In this case, the defendant-appellant, Professional Physical Rehabilitation Hospital, L.L.C., appeals the judgment in favor of the plaintiff, Rebecca Ann Hardie, on the issue of the available limits of Professional...
Hickman v. Logging - 9/29/2004
AFFIRMED.
Issues on appeal to this court arise out of an employment relationship. Dwight Hickman was an employee of Jim Smith Logging when he suffered a back injury. At that time, Jim Smith Logging was insured by American...
Welcome v. Martin De Porres Nursing Home - 9/29/2004
AFFIRMED.
The plaintiff, Pamela Welcome, appeals the workers' compensation judge's finding that she failed to prove that her wrist and back conditions were work-related. For the following reasons, we affirm.
FACTS ...
Brown v. Stickley - 9/29/2004
AFFIRMED.
In this case, the plaintiff, Susan Brown individually and on behalf of her minor son, Arkel Brown, appeals the jury's judgment in favor of the defendant, Dr. R. Foster Stickley, finding that he did not commit medical...
Dupuis v. Picard Steel Erectors - 9/29/2004
REVERSED.
Edwin Dupuis was an employee of Picard Steel Erectors, Inc., when he allegedly suffered a work-related injury. He received workers' compensation benefits for a year and a half before they were terminated. On...
Thibeaux v. Trotter - 9/29/2004
AFFIRMED.
The defendants, Schilling Distributing Company, Inc., Chuck R. Trotter, and Westport Insurance Company (collectively referred to as Schilling), appeal a jury verdict awarding the plaintiff, John Nathan Thibeaux, damages...
Johnson v. City of Lake Charles - 9/29/2004
AFFIRMED.
The City of Lake Charles appeals the judgment of the workers' compensation judge awarding Rena Sonnier Johnson, the widow of Willard Johnson, weekly benefits in the amount of $82.70, beginning on the date of Mr....
Manuel v. Northrop-Grumman - 9/29/2004
Northrop-Grumman (Northrop) appeals a judgment awarding its employee, Jack Manuel, workers' compensation benefits in connection with Mr. Manuel's mental/mental claim. For the following reasons, we reverse.
Specifically, Mr....
Dautriel v. American Red Cross of SW Louisiana - 9/29/2004
REVERSED & REMANDED.
Issues on appeal to this court arise out of an employment relationship. Rita Dautriel, appellant, was injured in a work-related accident while employed by the American Red Cross of Southwest Louisiana....
Wells v. Dunham Price - 9/29/2004
AFFIRMED.
Dunham Price, Inc. appeals an award of workers' compensation benefits in favor of Eugene Wells. For the following reasons, we affirm.
Procedural History
This litigation stems from Mr. Wells' allegation that...
Williams v. Dolgencorp - 9/29/2004
AFFIRMED.
FACTS
Angelina Williams was the general manager of the Dollar General in Cameron, Louisiana. As general manager, she was required to stock shelves, unload inventory off of delivery trucks, and run the cash...
Simms v. Progressive Insurance Co. - 9/29/2004
This is a suit for damages by Sara Simms, a pedestrian who was struck by a vehicle driven by Charles Williamson. The jury allocated fault between Simms and Williamson at forty-five percent and fifty-five percent, respectively, and...
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