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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Kraemer v. Joseph - 9/28/2004
AFFIRMED
Following a bench trial in this automobile accident case, the trial court ruled in favor of defendant, U.S. Agencies, dismissing the petition of plaintiff, Howard Kramer, III. Plaintiff now appeals from this judgment....
Rice v. Liles - 9/24/2004
Quantum is the sole issue in this appeal by the Louisiana Patient's Compensation Fund (LPCF) from the medical malpractice award of $481,132.22 plus interest and costs. Loraine Miller died at age 78 on August 23, 2002, from causes...
Williams v. Plumbing - 9/22/2004
In this workers' compensation case, the injured employee returned to work with a new employer receiving approximately one-half of his former wages, instead of returning to a modified position with his former employer, the defendant....
Brown v. International Paper Co. - 9/22/2004
CARAWAY, J., dissents with written reasons.
The claimant, Uluas D. Brown, appeals a summary judgment finding that he willfully made false statements in a deposition for the purpose of obtaining compensation benefits and thereby...
Turnbow v. Wye Electric - 9/22/2004
Earl and Wanda Turnbow appeal the judgment of the Fourth Judicial District Court, Parish of Ouachita, Louisiana, granting the motion for summary judgment by Wye Electric, Inc. ("Wye Electric"). For the reasons that follow, we affirm...
Malbreaugh v. CNA Reinsurance Co. - 9/17/2004
This appeal arises out of a dispute over insurance coverage for an automobile accident. The UM insurer challenges the trial court's judgment allocating the plaintiff's compensatory damages and punitive damages so that the punitive...
Jewell v. Haire - 9/17/2004
This is an action in tort for personal injuries sustained by plaintiff while in the course and scope of his employment with R.B. Haire Construction Company, Inc. on property owned by defendant Reginald B. Haire, individually. From a...
Sheppard v. City of Baton Rouge - 9/17/2004
Rufus and Barbara Sheppard appeal a partial summary judgment that totally dismisses all claims against the Baton Rouge constable, Richard "Buddy" Wilson, and dismisses some of the Sheppards' causes of action against Deputy Constable...
Paternostro v. Falgoust - 9/17/2004
In this personal injury action, plaintiff, Brazil Paternostro, appeals the trial court's granting of defendant's, Quentin D. Falgoust, M.D., motion to dismiss the action as abandoned. For the reasons that follow, we amend and, as...
In re Hoffman - 9/9/2004
VICTORY, J., dissents.
KNOLL, J., concurs in part and dissents in part for reasons assigned by Justice Weimer.
WEIMER, J., concurs in part and dissents in part and assigns reasons.
This disciplinary matter arises from...
Turner v. Busby - 9/9/2004
Accordingly, we affirm the lower courts and hold that the plaintiff, who was formally acknowledged as an illegitimate child, is not a child for the purposes of a wrongful death and survival action where he is not the biological child...
Jarrell v. Miller - 9/9/2004
CARAWAY, J., concurs with written reasons.
GASKINS, J., concurs in part and dissents in part with reasons.
WILLIAMS, J., concurs in part and dissents in part for the reasons assigned by J. Gaskins.
This is an attorney...
Fishbein v. State ex rel Louisiana State University Health Sciences Center - 9/8/2004
In this appeal, we consider whether "earnable compensation," as used in Louisiana Revised Statutes 11:701(10), includes amounts paid as a supplemental salary to a member of the Teachers' Retirement System of Louisiana ("TRSL"). This...
Sumrall v. Bickham - 9/8/2004
The sole issue for our consideration in this writ action is whether the plaintiff's pretrial settlement and dismissal of all claims against the alleged tortfeasor automatically resulted in a release of the tortfeasor's liability...
Jones v. LSU Health Sciences Center-Shreveport - 9/2/2004
Plaintiff moved for summary judgment on his medical malpractice claim under La. R.S. 9:2974, supported by a report from the medical review panel finding that the defendant breached the standard of care and the breach caused the loss of...
Cao v. Schaffer - 8/31/2004
JNOV VACATED; NEW TRIAL DENIED; JURY VERDICT REINSTATED
The Defendants, Dr. Randall Mark Schaffer and his insurer, AAMOS National Insurance Company (AAMOS), appeal from a judgment in a dental malpractice case in favor of the...
Gilliam v. Palazzo - 8/31/2004
AFFIRMED
Barbara B. Gilliam and George R. Gilliam, plaintiffs-appellants, appeal from the trial court's judgment in this medical malpractice case, dismissing their suit against defendant-appellee, Lori L. Palazzo, M.D. We affirm....
Martin v. Comm-Care Corp. - 8/30/2004
CARAWAY, J., concurs in part and dissents in part with reasons.
Appellants, Princess Martin and her 11 adult children, seek review of a judgment sustaining an exception of res judicata. For the reasons stated herein, we reverse...
Tavella v. Sav-A-Center - 12/31/2003
Plaintiff', Paul Tavella, filed a disputed claim for workers' compensation against his employer, Sav-A-Center. Mr. Tavella alleged a work accident either injured him, or aggravated a pre-existing condition. The workers' compensation...
Ward v. McDermott - 12/31/2003
In this workers' compensation action, the workers' compensation judge ("WO") rendered judgment granting summary judgment in favor of defendant, J. Ray McDermott, granting McDermott's exception raising the objection of prescription;...
Seivers v. Epoch Well Logging - 12/31/2003
Disposition: AFFIRMED.
Plaintiffs-appellants, John R. Sievers and his wife, Juanita, appeal the dismissal by summary judgment of their action for Jones Act (46 U.S.C.App. ยง 688) damages against employer, defendant-appellee,...
Lyons v. Terrebonne Parish School Board - 12/31/2003
In this workers' compensation action, the workers' compensation judge ("WCJ") rendered judgment in favor of defendant, Terrebonne Parish School Board, finding that claimant, Lillian Lyons, failed to meet her burden of proving she...
O'Connor v. Litchfield - 12/31/2003
Disposition: AFFIRMED.
Defendant-appellant, Elmer Litchfield in his capacity as the Sheriff of East Baton Rouge Parish (the Sheriff), appeals the trial court's judgment awarding damages in survival and wrongful death actions...
Lee v. St. James Parish Council - 12/30/2003
AFFIRMED IN PART; REVERSED IN PART AND RENDERED
Plaintiff, Laura Lee, appeals an adverse judgment from the Office of Workers' Compensation that denied her request for reinstatement of indemnity benefits, along with related...
In re Medical Review Panel of Conerly - 12/30/2003
ON REMAND FROM THE LOUISIANA SUPREME COURT
AFFIRMED
This malpractice action has been before this Court previously in In re Medical Review Panel of Conerly, 02-485 (La.App. 5 Cir. 11/13/02), 833 So.2d 384. Plaintiff,...
In re Wiley - 12/23/2003
PUBLISHED
REVERSED AND REMANDED.
The Plaintiff, Cynthia Wiley, appeals the dismissal of her medical malpractice claim. The trial court granted Dr. Paul Miller's motion to dismiss with prejudice when Ms. Wiley failed to...
Yates v. State - 12/23/2003
PUBLISHED
AFFIRMED IN PART; JUDGMENT OF JULY 25, 2002 VACATED.
Mrs. Yates and her family appeal a judgment, relieving DOTD of liability for injuries she received in a car accident on Louisiana Highway 478. We affirm the...
Blocker v. Rapides Regional Medical Center - 12/23/2003
PUBLISHED
AFFIRMED.
In this case, the defendant, the Louisiana Patient's Compensation Fund (LPCF), appeals the judgment of the trial court in favor of the plaintiff, Leonard Blocker, granting his motion for Judgment...
Dronet v. E-Z Mart - 12/23/2003
PUBLISHED
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Cooks, J., concurs in part and dissents in part and assigns written reasons.
Woodard, J., dissents and assigns written reasons.
In this workers'...
Carter v. Haygood - 12/23/2003
PUBLISHED
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
The defendant, Dr. Gary Haygood, DDS, and his insurer, The Medical Protective Company (collectively referred to as Dr. Haygood), appeal the judgment of the...
Longoria v. Brookshire Grocery Co. - 12/19/2003
PEATROSS, J., dissents in part with written reasons.
This worker's compensation case involves a claim for medical expenses for a back injury which occurred in 1992. In 1995, the claimant began receiving pain management treatment...
Curtis v. Columbia Doctors' Hospaital of Opelousas - 12/17/2003
PUBLISHED
AFFIRMED.
Saunders, J., dissents and assigns written reasons.
The plaintiff filed suit against the defendant hospital alleging that she fell from a bed at the facility following total knee replacement...
Hargrove v. Missouri Pacific Railroad Co. - 12/17/2003
PUBLISHED
REVERSED IN PART, AFFIRMED IN PART AND REMANDED FOR TRIAL ON THE MERITS.
This appeal arises out of an automobile/train accident which occurred at the intersection of Cary Avenue and Union Pacific Railroad...
Mitchell v. Winnfield Holding Corp. - 12/17/2003
PUBLISHED
REVERSED AND RENDERED.
STATEMENT OF THE CASE
This is a workers' compensation appeal. Plaintiff, Michael Mitchell, was employed by Winnfield Holding Corporation, a corporation owning several companies,...
Primeaux v. St. Paul Fire & Marine Ins. Co. - 12/17/2003
PUBLISHED
AFFIRMED.
Plaintiff appeals the judgment of the trial court finding that the partial paralysis of his phrenic nerve was not caused by malpractice on the part of Defendant, Dr. Richard Laborde. For the reasons...
Fluck v. Coffman - 12/12/2003
The plaintiffs, Margaret Fluck and Jack Fluck, appeal a judgment in favor of the defendant, Leslie Coffman, M.D., dismissing their medical malpractice claim. The trial court found that the plaintiffs failed to prove that defendant...
In re Deshotels - 12/12/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John Blake Deshotels, who is currently on interim suspension for threat...
United Services Automobile Association v. Craft - 12/10/2003
In this automobile accident case, the defendants, Cecil Raymond Craft and Bo Construction & Dirt Company, Inc. ("Bo Construction"), appeal a judgment assessing them with 100% fault in causing the accident and dismissing their...
Thiels v. American International South Insurance Co. - 12/10/2003
PUBLISHED
AFFIRMED.
Deborah Banks (Banks), the plaintiff in this personal injury case, appeals a judgment rendered by the trial court in a concursus proceeding invoked by American International South Insurance Company (AIS)...
Owens v. Boh Bros. Construction Co. - 12/10/2003
UNPUBLISHED
AFFIRMED.
The Third-Party Plaintiff, Boh Bros. Construction Co., Inc. (Boh Bros.) appeals a judgment dismissing its claim for contribution against Lake Charles Memorial Hospital (LCMH) and James Landreneau,...
Campbell v. Hospital Service District No. 1 - 12/10/2003
The wife and two daughters of an emergency room patient filed this medical malpractice and wrongful death suit against the hospital and emergency room physician. The patient/decedent presented in the emergency room with chest pains...
Unkel v. W.O. Moss Regional Hospital - 12/10/2003
PUBLISHED
AFFIRMED.
Karen Unkel filed this medical malpractice action against Dr. Nguyen Nguyen, W.O. Moss Medical Center, and the Louisiana Department of Health and Hospitals after sustaining injuries while hospitalized at...
Apeck Construction - 12/10/2003
PUBLISHED
Sullivan, J., dissents and assigns written reasons.
AFFIRMED IN PART AND REVERSED IN PART.
Apeck Construction, Inc. and Foster Bowers, Jr. appeal the judgment of the workers' compensation judge (WCJ). For...
Terry v. Red River Center Corp. - 12/10/2003
Plaintiffs appeal the trial court's grant of the defendant, Riverview Care Center's ("Riverview"), exception of prematurity. For the reasons expressed herein, we reverse and remand.
FACTS
Doris Lee ("Lee"), the mother of...
Lovejoy v. Bergeaux - 12/10/2003
PUBLISHED
REVERSED AND REMANDED FOR TRIAL ON THE MERITS.
In this maritime case, the defendant-appellee, Crain Brothers, Inc. (Crain Brothers), filed a motion for summary judgment and asserted that the plaintiff-appellant,...
Ashworth v. Wal-Mart Stores - 12/10/2003
PUBLISHED
AFFIRMED.
The defendant, Wal-Mart Stores, Inc., appeals the judgment of the trial court denying its request for restitution from the plaintiff, Lutherine Ashworth, based on La.R.S. 23:1208 fraud. For the following...
Wood v. Martin - 12/10/2003
Plaintiff, Douglas Wood ("Wood"), brought an action against prison officials, seeking damages for alleged malfeasance in denying his transfer to a work release facility. The trial court dismissed his petition, stating that the petition...
Gallo v. Gallo - 12/3/2003
For these reasons, we dismiss with prejudice the "Petition to Disavow Paternity" as having been perempted; we reverse the judgment of the court of appeal, and we deny Mr. Gallo's motion for reimbursement.
PETITION DISMISSED WITH...
In re Honore - 12/3/2003
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents for reasons assigned by Weimer, J.
WEIMER, J., dissents and assigns reasons.
This disciplinary matter arises from one count of formal charges filed by...
Landry v. Avondale Industries - 12/3/2003
For the reasons stated herein, the judgments of the court of appeal are reversed, the exceptions of no cause of action on the loss of consortium claim are granted, Mrs. Landry's pre-death loss of consortium claims are dismissed with...
In re Small - 12/3/2003
This attorney disciplinary proceeding involves four counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Gilda R. Small, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS ...
Bouy v. Teche Electric - 11/26/2003
PUBLISHED
Doucet, C. J., concurs in the result.
Peters, J., concurs and assigns written reasons.
REVERSED AND REMANDED.
Mrs. Lucille Bouy appeals the WCJ's grant of Defendants' exception of no right of action....
Stephens v. Southern Sweeping Services - 11/25/2003
AFFIRMED
Claimant, Earl Stephens, has appealed the trial court's grant of summary judgment in favor of Southern Sweeping Services. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY:
Earl Stephens...
Medine v. Roniger - 11/25/2003
AFFIRMED
In this medical malpractice action, plaintiffs appeal from a judgment of the trial court rendered in defendant's favor. For reasons stated more fully herein, we affirm.
Facts and Procedural History
Janice R....
Jordan v. Stonebridge - 11/25/2003
CHEHARDY, J., DISSENTS
AFFIRMED.
The Defendant, Stonebridge, L.L.C., d/b/a Stonebridge Convalescent Center (Stonebridge), appeals from the trial court ruling denying its exception of prematurity. The exception of...
Long v. State ex rel Department of Transportation and Development - 11/24/2003
The defendant, Louisiana Department of Transportation & Development (DOTD), appeals a judgment in favor of the plaintiffs, James Long, Christopher Long and Jamie Long Coley. After a trial, the jury assessed 60% fault to DOTD in...
Deshotel v. Guichard Operating Company - 11/19/2003
PUBLISHED
AFFIRMED.
Thibodeaux, J., dissents and assigns written reasons.
STATEMENT OF THE CASE
On February 26, 2001, Ray Deshotel was killed while engaged in the course and scope of his employment with Guichard...
Slagel v. Roberson - 11/18/2003
The defendant, Jack Roberson, appeals a judgment in favor of the plaintiffs, Darlene Slagel, Marty Hawkins and Michael Wilson. The trial court assessed 80% fault to Roberson in causing the accident and 20% fault to the decedent, Rodney...
Turner v. Busby - 11/13/2003
ON REHEARING
Peatross, J., concurs.
Stewart, J., dissents for the reasons articulated in the original opinion.
Drew, J., dissents for the reasons articulated in the original opinion.
Onterio McWright, along with...
Browning v. West Calcasieu Cameron Hospital - 11/12/2003
PUBLISHED
WRIT DENIED.
The Defendant, West Calcasieu Cameron Hospital, asserts that the trial court should have granted its motion for summary judgment because the Plaintiffs did not submit evidence sufficient to support a...
Ventola v. Hall - 11/12/2003
DEFAULT JUDGMENT ANNULLED AND SET ASIDE; CASE REMANDED
Defendants, Interstate Trucking Inc. and Insurance Corporation of Hanover appeal from a judgment confirming a preliminary default in favor of plaintiff, and awarding damages...
Rose v. Travelers Insurance Co. - 11/12/2003
AFFIRMED IN PART; JUDGMENT VACATED IN PART
On April 13, 1999, plaintiff/appellant, Janoi Rose, was driving home on Airline Highway in St. John the Baptist Parish when his vehicle was struck head-on by a vehicle driven by an...
In re Yeager - 11/7/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by respondent, Nancy Yeager, an attorney licensed to practice law in the State of Louisiana but currently on interim suspension....
McKnight v. D & W Health Services - 11/7/2003
This appeal is taken by the defendant, D & W Health Services, Inc. (D & W), a nursing home operator, from the trial court's judgment overruling its dilatory exception raising the objection of prematurity. In denying the...
Lanoue v. All Star Chevrolet - 11/7/2003
A claimant appeals a judgment of the Office of Workers' Compensation Administration (OWC) denying her benefits for failure to prove that she sustained a work-related injury. After careful consideration of the facts and the governing...
Chesne v. Mayeaux - 11/5/2003
PUBLISHED
AFFIRMED.
Plaintiff seeks damages for injuries arising from an automobile accident in Rapides Parish in which her vehicle was struck by a vehicle driven by Defendant Mark Mayeaux. Plaintiff filed suit in Avoyelles...
McNabb v. Louisiana Medical Mutual Insurance Co. - 11/5/2003
PUBLISHED
WRIT GRANTED IN PART AND MADE PEREMPTORY; DENIED IN PART.
JUDGMENT ON APPEAL AFFIRMED; MOTION TO DISMISS DENIED.
DAMAGES FOR FRIVOLOUS APPEAL DENIED.
The plaintiff filed suit alleging injury following...
Weeks v. Louisiana Patient's Compensation Fund - 11/5/2003
PUBLISHED
WRIT DENIED.
The Louisiana Patient's Compensation Fund (PCF) seeks supervisory writs from a judgment of the trial court denying its peremptory exception of prescription. For the following reasons, we deny the writ...
Yen v. Avoyelles Parish Police Jury - 11/5/2003
PUBLISHED
AFFIRMED.
This case involves a medical malpractice claim filed against the State of Louisiana by the heirs of a state prisoner. The state prisoner died from a sickle cell crisis while incarcerated. His statutory...
Adams v. Temple Inland - 11/5/2003
PUBLISHED
AFFIRMED.
Woodard, J. concurs and assigns written reasons.
Peters, J., dissents and assigns written reasons.
In this workers' compensation case, Claimant, Scarlet Christine Adams, appeals a judgment...
In re Kerth - 10/31/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from three counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Inez Frances Kerth, an attorney licensed to practice...
Guidry v. Brewer - 9/26/2003
McClendon J., concurs.
Guy Guidry (Guidry) appeals a judgment dismissing his workers' compensation action against his employer, Clarence Brewer, d/b/a Brewer's Construction Company (Brewer). The Workers' Compensation Judge (WCJ)...
Postlethwaite and Netterville - 9/26/2003
The instant suit involves various issues concerning professional liability coverage procured by plaintiff, Postlethwaite and Netterville, APAC ("P&N;), from defendant, Royal Indemnity Company ("Royal"). Following a hearing on...
Postlethwaite v. Royal Indemnity Co. - 9/26/2003
McClendon, J. concurs and assigns reasons.
The instant suit involves various issues concerning professional liability coverage procured by plaintiff, Postlethwaite and Netterville, APAC ("P&N;), from defendant, Royal...
Cousin v. Slidell Memorial Hospital - 9/26/2003
Plaintiff, Curtis Cousin, claims that he was injured in the course and scope of his employment with Slidell Memorial Hospital. The Office of Workers' Compensation (OWC) judge, Robert Varnado, Jr., denied Cousin's claim after finding...
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