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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Ambeau v. Cajun Consturctors - 9/26/2003
This is an appeal from a decision by a workers' compensation judge (WCJ) that plaintiff, Arnold J. Ambeau, forfeited his entitlement to workers' compensation benefits pursuant to LSA-R.S. 23:1208.1. We affirm.
BACKGROUND ...
Authement v. Wal-Mart - 9/26/2003
In this case, the workers' compensation judge rendered judgment in favor of claimant, awarding workers' compensation benefits, penalties, and attorney fees in connection with a work-related accident. Both claimant and...
Simoneaux v. Amoco Production Co. - 9/26/2003
Victor Marcello, Donald Carmouche, John Carmouche, Gonzales, LA Attorneys for Plaintiffs Wayne Simoneaux, et al.
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court. ...
Musgrove v. Glenwood Regional Medical Center - 9/26/2003
BROWN, C.J., dissents with written reasons.
Allyson M. Musgrove appeals a judgment sustaining the defendants' exception of prescription and dismissing her claim for loss of consortium arising from the alleged wrongful discharge...
In re Kirchberg - 9/25/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Karl J. Kirchberg, an attorney licensed to practice law in...
In re Henderson - 9/25/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Edward L. Henderson. Respondent has been disbarred since...
In re Turnage - 9/25/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Melinda Kay Turnage, an attorney licensed to practice law...
Posey v. Singletary - 9/24/2003
At issue in this appeal is whether the trial court erred in amending two judgments rendered August 25, 1999, to include the dismissal of the medical malpractice claims of the plaintiffs, Pamela Posey and Michael Posey, against the...
Murray v. German Mutual Insurance Co. - 9/24/2003
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
State Farm Mutual Automobile Insurance Company (State Farm), the uninsured motorist carrier of the plaintiff, Elaine Murray, appeals a...
Coker v. Morris - 9/24/2003
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
The plaintiffs, James and Kay Coker, appeal from a trial court judgment which granted an exception of prescription filed by Donald Ray...
Temple v. Sherman - 9/24/2003
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
The plaintiffs in this personal injury suit received injuries in a one-vehicle accident while returning to their home in Monroe from a job...
Greer v. Johnson - 9/24/2003
In this survival and wrongful death case, the plaintiffs, Betty Greer, Roger Greer, and Michael Greer, appeal a judgment rendered by the trial court in favor of the defendant, Dr. Thomas R. Johnson, sustaining his peremptory exception...
In re Holmes - 9/19/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by respondent, John T. Holmes, an attorney licensed to practice law in the State of Louisiana, who is currently on suspension. ...
Aguillard v. Meiners - 9/16/2003
AMENDED AND AFFIRMED AS AMENDED.
Plaintiff, Wayne Aguillard, appeals from a damage award in an automobile accident case filed against Defendants, Charles Meiners (Meiners), Commercial Tire & Retreading, Inc. (Commercial), and...
Bell v. Kreider - 9/16/2003
AFFIRMED
Plaintiffs/Appellants appeal the trial court's ruling that held that their claims against defendants/appellees, John Brock and the Greater New Orleans Expressway Commission, had prescribed. For the following reasons, the...
Lawrence v. United Parcel Service - 9/12/2003
The claimant, Andrew Lawrence, Jr., appeals a judgment in favor of the defendants, United Parcel Service, Inc. ("UPS") and Liberty Mutual Insurance Company ("Liberty Mutual"). The workers' compensation judge (WCJ) denied claimant's...
Norfolk Southern Corp. v. California Union Insurance Co. - 9/12/2003
The Norfolk Southern Corporation and certain of its affiliated railroad companies (collectively Norfolk) filed this lawsuit for declaratory judgment and damages against various underwriting members of Lloyd's of London and certain...
Sweeney v. Geico Indemnity Company - 9/12/2003
This appeal arises from a personal injury action by Plaintiff/Appellant, Thomas Sweeney, whose vehicle was struck from behind by a vehicle operated by Lee Carter while in the course and scope of Mr. Carter's employment with H & W...
Gordon v. Hurlston - 9/10/2003
PUBLISHED
Thibodeaux, J., dissents in part and assigns written reasons.
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
In this employment status case, Plaintiff, Stanley Richard Gordon, a certified registered nurse...
In re Watley - 9/5/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from six counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Amy E. Watley, an attorney licensed to practice law in...
In re Gardner - 9/5/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from twenty-six counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Winthrop G. Gardner, an attorney...
In re Poirrier - 9/5/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Raphael P. Poirrier, a disbarred attorney.
PRIOR...
Hall v. Brookshire Brothers - 6/27/2003
CALOGERO, C.J., concurs.
In this medical malpractice action in which the plaintiff sued for damages resulting from ototoxicity caused by the prescription drug Gentamicin, a settlement was reached with the health care provider who...
In re Warner - 6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Ivan David Warner, III, an attorney licensed to practice...
Brooks Well Servicing - 6/27/2003
The defendant, Cudd Pressure Control, Inc. ("Cudd"), appeals a district court judgment in favor of Sonat Exploration Company ("Sonat") sustaining Sonat's exceptions of lis pendens and res judicata, finding that Cudd's request for...
In re Guidry - 6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter involves numerous counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, George A. Guidry, Sr., an attorney licensed to practice law...
Kemp v. East Baton Rouge City Parish - 6/27/2003
Appellant, Albertha Kemp, appeals the decision of the workers' compensation judge dismissing her claim against appellees, East Baton Rouge City Parish and Louisiana Workers' Compensation Corporation, having found that she did not carry...
Temple v. State - 6/27/2003
Plaintiff, Wayne Richard Temple, filed a claim for damages against defendant, State of Louisiana, Department of Transportation and Development (DOTD). The petition alleged that DOTD was liable for the death of Mr. Temple's wife of one...
In re Tousant - 6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from eighteen counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Katherine Thompson Tousant, an attorney licensed to...
Cannedy v. Yarborough - 6/27/2003
In this workers' compensation case, Judy Cannedy appeals the Office of Workers' Compensation's (OWC) judgment in favor of Rulon Yarborough. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
Judy Cannedy...
In re Laudumiey - 6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter involves consolidated charges instituted against respondents, Fernand L. Laudumiey, III and Dennis S. Mann, two attorneys who are licensed to practice law in Louisiana,...
Batson v. South Louisiana Medical Center - 6/27/2003
This matter is before us on appeal following a remand to the trial court for a determination of whether certain health care providers were qualified state health care providers pursuant to the Malpractice Liability for State Services...
Conerly v. State through the Louisiana State Penitentiary - 6/27/2003
The State of Louisiana, through the Department of Public Safety and Corrections (the State), appeals a trial court judgment overruling its peremptory exception raising the objection of no cause of action and awarding damages for...
Young v. Capitol Concrete Products - 6/27/2003
The plaintiff in this action for workers' compensation death benefits and burial expenses, Audrey H. Young, appeals the decision of the workers' compensation judge granting summary judgment in favor of the employer, Capitol Concrete...
In re Lahatte - 6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter involves three counts of formal charges, instituted by the Office of Disciplinary Counsel ("ODC") against respondent, Joseph F. LaHatte, Jr., an attorney licensed to...
Williams v. Tri-State Physical Therapy Inc. - 6/25/2003
Billy R. Williams ("Billy") and his wife, Sharon A. Williams ("Sharon"), appeal the trial court's granting of Tri-State Physical Therapy, Inc. ("Tri-State") and Amy Barnes' ("Amy") Exception of Liberative Prescription on November 4,...
Martin v. Willard - 6/25/2003
PUBLISHED
AFFIRMED.
FACTS
On October 12, 1998, Joseph Paul Willard injured his back while working as a roustabout for R&B;Falcon Drilling USA, Inc. (R&B;Falcon). Mr. Willard filed a Petition for Damages in the...
Strong v. Interkraft Corp. - 6/25/2003
Plaintiff, Benjamin Strong, appeals from a summary judgment in favor of defendant, Interkraft Corporation, dismissing plaintiff's personal injury claim based on the exclusive remedy provision of the Louisiana Worker's Compensation Act....
Weeks v. Angelo Iafrate Construction Co. - 6/25/2003
In this worker's compensation action, the employee appeals that portion of the judgment which denied his claim for indemnity benefits, psychological treatment and certain medical expenses arising from a job-related injury. The workers'...
Hayes v. Entergy Corp. - 6/25/2003
The family of Billie Lester Hayes ("family") appeals the jury's finding of no liability on the part of Entergy in the accident that resulted in the death of her husband, Prentice Hayes ("Hayes") . Finding no merit in the plaintiff's...
Hanks v. Columbia Women's and Children's Hospital - 6/25/2003
PUBLISHED
Woodard, J., concurs in the result.
REVERSED.
In January 1998, Tanya Hanks gave birth to a child, Nicholas. The child sustained permanently disabling injuries, including brain damage, allegedly as a result...
Walker v. State Farm Mutual Automobile Insurance - 6/25/2003
The plaintiffs, Meredith Ashley Walker and Brooke Katherine Walker, and William Dale Walker as provisional tutor for the minor plaintiffs, Carmen Elizabeth Walker and Slade Etheredge Walker, appeal a judgment by the trial court finding...
Poole v. Terrell Musgrove Siding - 6/19/2003
AFFIRMED
In this worker's compensation case, Appellant, Robert E. Poole, Sr., appeals the trial court's ruling that he was not totally and permanently disabled. For the following reasons, the judgment of the trial court is...
Derrick v. Yamaha Power Sports of New Orleans - 6/19/2003
AFFIRMED
Claimant, Robert Derrick, appeals the trial court's denial of his workers' compensation claim. The trial court made specific findings that claimant was not a credible witness, that no second accident occurred, and that...
Wallace v. State - 6/19/2003
AFFIRMED
This suit involves a claim for medical malpractice, in which the plaintiff seeks damages for the death of his wife on May 1, 1996. On this appeal the defendants seek review of the trial court's denial of their motion to...
In re Bailey - 6/6/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Gary W. Bailey, an attorney licensed to practice law in...
In re Turissini - 6/6/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from three sets of formal charges involving six counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Anne T....
Crochet v. Charles Holston - 6/4/2003
PUBLISHED
WRIT DENIED.
Defendants assert that the only issues to be addressed at the trial of this matter are the alleged failure to pay medical bills and medical mileage. Therefore, they applied for supervisory writ to...
Wiley v. Rapides Regional Medical Center - 6/4/2003
PUBLISHED
AFFIRMED.
The trial court granted an exception of no right of action dismissing Otis Wiley as a Plaintiff in a medical malpractice action arising from his ex-wife's reaction to a drug administered during surgery,...
Pauley v. Wal-Mart Stores - 6/4/2003
PUBLISHED
AFFIRMED AS AMENDED.
The defendant, Wal-Mart Stores, Inc., appeals the judgment of the workers' compensation judge finding that the plaintiff, Robert Pauley, injured his back as a result of a work-related...
Ratliff v. State - 3/28/2003
This appeal arises from a wrongful death and survival action award against the State of Louisiana for an automobile accident that occurred on the Pearl River Bridge, spanning the Pearl River between Louisiana and Mississippi. For the...
Williams v. City fo Baton Rouge - 3/28/2003
The City of Baton Rouge/Parish of East Baton Rouge (the City/Parish) appeals a judgment against it and in favor of Cassie Williams (Cassie) and her minor daughter, Shelby, for damages suffered by Cassie when she tripped and fell on a...
Issa v. LL&G;Construction - 3/28/2003
This appeal arises from a workers' compensation proceeding in which the plaintiff/appellant was granted some relief, though less than he sought. On appeal, we reverse and vacate the judgment.
FACTS AND PROCEDURAL HISTORY ...
Bodiford v. Robinson Brothers Lincoln Mercury - 3/28/2003
Appellant, Ricky P. Bodiford, appeals the decision of the workers' compensation judge dismissing his claim against appellee, Robinson Brothers Lincoln Mercury, having found that he did not carry his burden of proving that he suffered...
Hudson v. East Baton Rouge Parish School Board - 3/28/2003
Frank Hudson appeals a judgment of the Office of Workers' Compensation Administration (OWC) sustaining a peremptory exception raising the objection of prescription and dismissing his claims for workers' compensation benefits. ...
Hurst v. Railserve - 3/28/2003
This appeal arises from an action for workers' compensation benefits that were denied. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
On January 12, 2000, David Wayne Hurst filed his disputed claim for...
Robles v. Exxonmobile - 3/28/2003
On appeal in this workers' compensation case, the claimant asserts the workers' compensation judge (WCJ) erred in denying his motion to transfer the case to another venue and erred in granting summary judgment in favor of the employer...
Alphonse v. Acadian Ambulance Services - 3/28/2003
This is a medical malpractice case arising from the death of Catherine Alphonse, a seventy-five year old patient of North Oaks Medical Center in Hammond, Louisiana. Named as defendants are Acadian Ambulance Service, Inc. (Acadian), and...
Todd v. Angelloz - 3/28/2003
Plaintiff appeals a judgment dismissing his lawsuit, pursuant to an exception of prematurity, and dismissing a medical review panel, on the basis of defendant's judicial immunity. We affirm.
FACTS
On June 1, 2000, Alicia...
Estate of Wilburn v. Leggio - 3/19/2003
In this medical malpractice action, the plaintiffs, Estate of Guy Wilson Wilburn, the legal representative of the decedent's husband and the decedent's major children, appeal a summary judgment in favor of the defendant, Desoto...
McDaniel v. Carencro Lions Club - 3/13/2003
PUBLISHED
REVERSED AND REMANDED.
STATEMENT OF THE CASE
Mel McDaniel sued the Lafayette City-Parish Consolidated Government (the City), the Carencro Lions Club, John Gullett and Royal Insurance Company of America for...
Corbello v. Coastal Chemical Co. - 3/10/2003
PUBLISHED
AFFIRMED.
This is a workers' compensation claim for death benefits filed by Velma Corbello, the widow of the late George Corbello. The workers' compensation judge ruled in her favor, granting death benefits to her...
Cleland v. City of Lake Charles - 3/10/2003
PUBLISHED
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
In this personal injury case arising out of a motor vehicle accident involving an employee of the City of Lake Charles (the City) and Terry E. Cleland, the...
Fremin v. Continental Insuranc Co. - 3/10/2003
PUBLISHED
AFFIRMED.
In this medical malpractice case, defendants, Continental Insurance Company and Dr. Jimmy Ponder, together with intervenor, the Louisiana Patient's Compensation fund, appeal an adverse judgment of the...
Jackson v. Conagra Poultry Co. - 3/10/2003
PUBLISHED
REVERSED AND RENDERED.
Sullivan, J., dissents and assigns written reasons.
FACTS
Debra Jackson began working for ConAgra Poultry Company in September 1996. Her job consisted of removing bones and fat...
Morris v. Flores - 3/7/2003
In this suit resulting from an automobile collision, the trial court determined that the accident was caused by the combined negligence of Angela Lucinda Flores, who was found to have been 20 percent at fault, and James McLamb, who was...
Gosey v. General Motors Corp. - 3/5/2003
In this workers' compensation case, the claimant, Alberta Gosey, appeals a judgment in favor of the employer, General Motors Corporation ("General Motors"). The workers' compensation judge denied the claim for compensation benefits,...
Bozeman v. State - 3/5/2003
This matter involves two related appeals which have been consolidated. The first is an appeal by Linda Bozeman, the plaintiff, whose claim for medical expenses stemming from the death of her husband was remanded for retrial in Bozeman...
Culotta v. A.L. & W. Moorre Trucking Co. - 3/5/2003
Defendant, A.L. & W. Moore Trucking Company ("A.L. & W. Moore"), appeals from a judgment awarding plaintiff, Charles A. Culotta, supplemental earnings benefits ("SEB"), penalties and attorney fees, and ordering defendant to pay...
Schulingkamp v. Ochsner Clinic - 2/25/2003
On application of the plaintiffs, we granted writs in this case intending to address an issue resolved differently by two appellate courts. That issue was whether a medical malpractice plaintiff may file a request for a medical review...
Christiana v. Sudderth - 2/25/2003
REVERSED AND REMANDED.
Plaintiff appeals the granting of a summary judgment that dismissed one of the defendants in this medical malpractice suit. We reverse and remand.
On September 11, 1997 Sandra Christiana underwent...
Bourgeois v. A.P. Green Industries - 2/25/2003
As amended April 22, 2003.
ROBERT ANDREW BOURGEOIS, ET AL. v. A.P. GREEN INDUSTRIES, ET AL.
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, NO. 488-642, DIVISION "Y,"...
Rovira v. Byram - 2/25/2003
AFFIRMED.
The plaintiffs appeal a summary judgment that dismissed their medical malpractice suit against the defendant. We affirm.
At age 29 Donald Rovira suffered from avascular necrosis of both hips and underwent surgery...
State v. Schieffler - 2/25/2003
AFFIRMED
At issue in defendant's second appeal is whether defendant's sentence was excessive and whether the trial court erred in denying his motion to reconsider the sentence.
FACTS AND PROCEDURAL HISTORY
Defendant...
Doucet v. Huffine Roofing and Construction - 2/25/2003
AFFIRMED
This is an appeal from a grant of a defense motion for summary judgment. The issue on appeal is whether a policy of liability insurance issued by State Farm Insurance Company to its insured, Plateo & Silcio...
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