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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In re Gaines - 2/25/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from four counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Randal L. Gaines, an attorney licensed to practice...
Carrier v. Louisiana Pigment Company - 2/19/2003
AFFIRMED.
In this suit involving the interpretation of an indemnity agreement, National Union Insurance Company ("National Union") and Miller Environmental Services, Inc. ("Miller") appeal the trial court's partial final...
Sacco v. Allred - 2/19/2003
Near midnight on March 8, 1996, Don R. Allred, who was driving Terry A. Boudreaux's car, lost control of the vehicle in a curve on Louisiana Highway 1 in Lafourche Parish. The car flipped over and landed in a canal. Boudreaux and...
Ewing v. Armstrong World Industries - 2/19/2003
AFFIRMED.
Plaintiffs, Gwendolyn T. Ewing, the wife of Murphy J. Ewing who contracted mesothelioma as a result of his work-related exposure to asbestos, and his children from a previous marriage, Wilson Ewing, Terry Paul Ewing,...
Severio v. J.E. Merit Constructors - 2/14/2003
This appeal arises from an action for workers' compensation in which the claimant was found totally and permanently disabled. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
In January of 1989,...
Brown v. State - 2/14/2003
CALOGERO, Chief Justice, dissents from the denial of the writ and assigns reasons:
I would grant the writ and have the court determine whether this matter is distinguishable from LeBreton v. Rabito, 97-2221 (La. 7/8/98), 714 So....
Bel v. State Farm Mutal Automobile Insurance Co. - 2/14/2003
Fitzsimmons, J. concurs and assigns reasons.
In this wrongful death and survival action, plaintiffs, Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the...
Boudreaux v. Angelo Iafrate Construction - 2/14/2003
In this workers' compensation action, the claimant appeals from the judgment sustaining a peremptory exception raising the objection of prescription and dismissing his claim for workers' compensation benefits. For the following...
Tynes v. Gaylord Container Corp. - 2/14/2003
In this case, defendant appeals a judgment of the Office of Workers' Compensation awarding claimant temporary total disability benefits, supplemental earnings benefits, penalties, and attorney fees in connection with a work-related...
Gonzales v. Jacobs Engineering Group - 2/14/2003
This appeal arises from an action for workers' compensation that was denied. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
In March of 1997, Donald Gonzales, a mechanic's helper, was working at the...
Johnson v. Roman Catholic Church for the Archdiocesee of New Orleans - 2/14/2003
This is an appeal from a judgment maintaining the defendants' peremptory exception raising the objection of prescription. For the following reasons, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
According to...
Flick v. Fischer Environmental Services - 2/14/2003
This appeal arises from an action for workers' compensation that was denied. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
In July of 1999, Raymond G. Flick, a pest control technician, was working in...
Bel v. State Farm Mutual Automobile Insurance Co. - 2/14/2003
In this wrongful death and survival action, plaintiffs, Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendant's, State Farm...
In re Dooley - 2/14/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Patrick N. Dooley, an attorney licensed to...
Hallaron v. Jacob's Engineering Group - 2/11/2003
AFFIRMED
STATEMENT OF THE CASE
Plaintiff, George Hallaron ("Hallaron"), was employed by Jacobs Engineering Group, Inc. ("Jacobs Engineering") to perform industrial inspection work for a facility in St. Croix, a U.S. Virgin...
Webb v. Massiha - 2/11/2003
REVERSED AND REMANDED
At issue in this case is whether an arbitration agreement is invalid. For the following reasons, we reverse the trial court and remand this matter for further proceedings.
FACTS AND PROCEDURAL HISTORY ...
In re Bilbe - 2/7/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from four counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Kathleen M. Bilbe, an attorney licensed to practice law...
Huber v. Midkiff - 2/7/2003
In this case, the district court declared LSA-C.C. art. 136(B) unconstitutional as applied "to the situation where grandparents are attempting to gain the visitation of their grandchild from their own child." Alice and Ronald Midkiff...
Robinson v. Fontenot - 2/7/2003
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF EVANGELINE
We granted certiorari in this matter to consider whether the district court below erred in granting a judgment notwithstanding the verdict which...
Darby v. Gilbert Richard - 2/5/2003
AFFIRMED.
Saunders, J., dissents and assigns written reasons.
Woodard, J., concurs and assigns written reasons.
Pickett, J., concurs.
Appellant, Ronald Darby, appeals from a judgment of the Office of Workers'...
Lavergne v. America's Pizza Company - 2/5/2003
AFFIRMED.
In this appeal, America's Pizza claims that the trial court erred in finding them liable for an injury caused to Sean Lavergne, the minor child of the Plaintiffs, Katherine and Larry Lavergne. America's Pizza also...
Flame v. Funeral Home - 2/5/2003
REVERSED IN PART AND AFFIRMED AS AMENDED.
Both the employer and employee have appealed the judgment of the Office of Workers' Compensation. The issues are whether Marty Flame is entitled to continuing medical and compensation benefits,...
Lowe's Companies - 2/5/2003
AFFIRMED.
On November 1, 1993, a trial captioned "Michael D. Leblanc v. Lowe's, Inc.," Docket No. 93-00486, was held before the Office of Workers' Compensation. The issues at trial were whether Leblanc's alleged cervical and...
Delco v. Stafford - 2/5/2003
In this personal injury case arising out of an automobile accident, plaintiff sought an increase in the jury's awards for general damages and future lost wages by means of a motion for judgment notwithstanding the verdict. Plaintiff...
Arrington v. Galen-Med - 2/5/2003
AFFIRMED.
In this suit for medical malpractice, defendant, Galen-Med, Inc., d/b/a Lake Area Medical Center ("LAMC"), appeals the judgment of the trial court rendered pursuant to a jury verdict. The jury found that LAMC was liable...
Campbell v. Higman Barge Lines - 2/5/2003
REVERSED AND REMANDED.
The plaintiff filed a maritime action following a work-related injury occurring aboard a vessel owned by the defendant. The defendant filed a motion for summary judgment, contending that the condition...
Davis v. Huey P. Long Regional Medical Center - 2/5/2003
COOKS, J., dissents with written reasons.
WOODARD, J., dissents for the reasons assigned by Judge Cooks.
AFFIRMED.
In this appeal Ricky Davis claims that the trial court erred in dismissing his suit against the Huey...
Cheney v. Coregis Ins. Co. - 2/5/2003
REVERSED IN PART, AFFIRMED IN PART, AND RENDERED.
This appeal arises from a survival action brought by the heirs of Navern Rhodeman, Jr. against Johnny Shaw, Mr. Shaw's employer, and its insurer. Mr. Rhodeman's succession...
Kennedy v. Manor - 2/5/2003
AFFIRMED.
The defendant nursing home, Camellia Garden Manor, appeals the judgment of the workers' compensation judge in favor of the plaintiff, Herman Kennedy, finding that he suffered injuries as a result of a work- related...
Stelly v. Guidroz - 2/5/2003
The trial court ruled that monthly payments received by the defendant in consideration for settlement of his 1982 Jones Act claim were his separate property. For the following reasons, we affirm.
Factual and Procedural Background...
Oakley v. Stelly - 2/5/2003
AFFIRMED.
STATEMENT OF THE CASE
This is a medical malpractice action. Kerstin Oakley sued Dr. Howard Stelly for damages which resulted from having her ovaries removed without her consent. Ms. Oakley was first diagnosed with...
In re Lawrence - 1/31/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
In this matter, the Office of Disciplinary Counsel ("ODC") seeks review of a recommendation of the disciplinary board dismissing a portion of the formal charges against respondent, Philip...
In re Graham - 1/31/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Felicia Nicole Graham, a currently suspended attorney. ...
Costa v. Boyd - 1/31/2003
In this suit to recover damages for medical malpractice, Dr. Carter Boyd appeals a judgment awarding plaintiffs a total of $36,150 in general and special damages sustained as the result of Dr. Boyd's failure to timely order a blood...
Lee v. Burnham - 1/29/2003
Allen Lee ("Lee") appeals the trial court's grant of the defendant's, Ken Burnham Chevrolet/Oldsmobile ("Burnham"), exception of res judicata concerning his claim of retaliatory discharge. For the reasons following, we reverse and...
Colgate v. Mughal Brothers - 1/29/2003
CARAWAY, J., concurs with written reasons.
In this wrongful death lawsuit, we are presented with two separate appeals from the judgment of the Fourth Judicial District Court for the Parish of Ouachita, State of Louisiana. First,...
Atwood v. Ewing Timber - 1/29/2003
In this worker's compensation case, the claimant, Cecil E. Atwood, appeals from the refusal of the worker's compensation judge (WCJ) to grant his request to accelerate his weekly supplemental earnings benefits (SEB) under La. R.S....
Viars v. St. Anthony's Nursing Home - 1/28/2003
AFFIRMED.
In this workers' compensation matter, after trial, the workers' compensation judge found that the claimant suffered a compensable work-related injury, ordered claimant's employer to pay all medical expenses resulting...
Millet v. Evangeline Health Care - 1/28/2003
AFFIRMED.
This is a slip-and-fall personal injury case. The defendant appeals a judgment that awarded the plaintiff general damages in the amount of $100,000.00, reduced by forty percent for comparative fault. We affirm. ...
Contranchis v. Travelers Insurance Co. - 1/28/2003
AFFIRMED
Plaintiff/Appellant, Albert Contranchis, appeals from the trial court's ruling which granted summary judgment in favor of defendants, Hercules Sheet Metal, Inc, and Travelers Property Casualty Insurance Company. For the...
In re Goff - 1/28/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding involves formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Greer E. Goff, an attorney licensed to practice law in the State of...
Suarez v. Anderson Industrial Scaffolding - 12/31/2002
In this workers' compensation case, the salient issue raised on appeal is whether the claimant forfeited his benefits pursuant to LSA-R.S. 23:1208.1 due to his untruthful denial on his application for employment of the existence of a...
Broussard v. Citgo Petroleum Corp. - 12/30/2002
Amy, J., concurs and assigns written reasons.
Saunders, J., dissents and assigns written reasons.
AFFIRMED.
WOODARD, Judge
Ms. Broussard appeals the WCJ's grant of Citgo's peremptory exception of prescription of...
Leblanc v. Calcasieu Parish School Board - 12/30/2002
"Thibodeaux, J., dissents and would grant indemnity and medical benefits based on a presumption of causation."
AFFIRMED.
COOKS, Judge
The claimant, Angela LeBlanc, appeals the judgment of the Office of Workers'...
Albertson's - 12/30/2002
AFFIRMED.
THIBODEAUX, Judge
In this workers' compensation case, plaintiff, Albertson's, Inc., appeals a judgment of the Office of Workers' Compensation ("OWC") in favor of the defendant, Jessica Moulds, denying Albertson's...
Colonial Nursing Home v. Bradford - 12/30/2002
AFFIRMED IN PART; REVERSED IN PART; AND AMENDED.
COOKS, Judge
Liddia J. Bradford was working as a certified nursing assistant for Colonial Nursing Home on July 29, 2000. On that date, while she and her co-worker Christie...
Johnson v. Evan Hall Sugar Cooperative - 12/30/2002
Eugene Gravois Services, Inc. (Gravois) appeals a judgment that granted a motion for summary judgment filed by its insurer, Louisiana Workers' Compensation Corporation (LWCC), and dismissed Gravois' claims against LWCC for liability...
Bellard v. Biddle - 12/30/2002
REVERSED AND RENDERED.
Cooks, J., dissents and assigns written reasons.
Saunders, J., dissents for the reasons assigned by Judge Cooks.
PICKETT, J.
FACTS
On September 18, 1989, Judy Bellard had a...
Bassett v. Toys "R" Us Delaware - 12/30/2002
HARRISON, J., dissents with written reason.
PEATROSS, J., dissents for the reasons set forth in the written dissent of Judge Harrison
On the morning of November 29, 1996, the day after Thanksgiving and one of the busiest...
Palmer v. Schooner Petroleum Services - 12/27/2002
SAUNDERS, J., CONCURS AND ASSIGNS REASONS.
WOODARD, J., CONCURS AND ASSIGNS WRITTEN REASONS.
AMY, J., DISSENTS AND ASSIGNS WRITTEN REASONS.
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
In this workers'...
Pertuis v. Architectural Fabrications - 12/20/2002
Downing, J. Dissents and assigns reasons.
Disposition: AMENDED AND, AS AMENDED, AFFIRMED.
Claimant-appellant, John W. Pertuis, appeals a judgment of the Office of Workers' Compensation (OWC) sustaining a peremptory...
Dulin v. Levis Mitsubishi - 12/20/2002
This is an appeal by an employee from a judgment of the Office of Workers' Compensation Administration, which dismissed the employee's disputed claim for compensation because of a violation of LSA-R.S. 23:1208.1. For the following...
Bethley v. Keller Construction - 12/20/2002
Carter, C.J., dissents without reasons.
The claimant spouse appeals from a judgment awarding workers' compensation benefits for her husband's leg injury, based on an average weekly wage of $295, until his death by suicide, but...
Pepper v. Triplet - 12/20/2002
This is an appeal involving an award of damages to plaintiff, Dustin Pepper, for injuries resulting from a dog bite. Applying comparative fault principles, the trial court allocated twenty-five percent of the fault to the plaintiff and...
Eusea v. Blanchard - 12/20/2002
In this medical malpractice suit, Shirley Autin Eusea appeals a judgment sustaining a declinatory exception raising the objection of lack of personal jurisdiction in favor of Broadlawns Medical Center (Broadlawns), a teaching hospital...
Willard v. R & B Falcon Drilling USA - 12/20/2002
Guildry, J. dissents and assigns reasons.
Plaintiff appeals devolutively from a trial court judgment ordering him to execute a general release in favor of defendant and to conclude the matter in accordance with the terms and...
Bordelon v. Medical Center of Baton Rouge - 12/20/2002
Patterson J., dissents with reasons.
In this medical malpractice suit, Jody and Lora Bordelon, individually and on behalf of their minor child, Brandon, appeal a judgment maintaining an exception of prescription in favor of...
Brown v. Kwok Wong - 12/20/2002
Defendants, Kwok Wong and Louisiana Restaurant Association Self Insurers Fund, appeal the OWC judgment, ordering that plaintiff, Twanda Brown, was entitled to, among other things, medical treatment for her back injury, an MRI,...
Belt v. Wheeler - 12/18/2002
In this medical malpractice action, the trial court granted motions for summary judgment by the defendants, Dr. David Walsworth and Glenwood Regional Medical Center ("Glenwood"). The plaintiffs, Gwendolyn Belt and Patsy Long, appeal...
Aycock v. Ensco Offshore Company - 12/18/2002
Saunders, J., concurs and assigns written reasons.
The plaintiff filed suit under the Jones Act and general maritime law, seeking recovery for injuries sustained while working aboard an oil rig. A jury found that the defendant...
Brown v. Eppinette - 12/18/2002
The intervenor, Louisiana Patients' Compensation Fund ("LPCF"), appeals a judgment in favor of the plaintiffs, Joe L. Brown and Mary Brown. The jury found that the defendants, Dr. Floyd Jones and Dr. Karen Beene, were each 50% at fault...
Watson v. Brazeel - 12/18/2002
GASKINS, J., dissents with reasons.
On November 17, 1995, plaintiff, Andrew Watson, suffered a laceration on top of his foot when it was caught in a garbage press at work. The wound was superficial and of almost no depth - at...
Frazier v. Zapata Protein USA - 12/11/2002
AFFIRMED AS AMENDED.
Both the plaintiff, Lewis Frazier, and the defendant, Zapata Protein (USA), Inc., appeal the jury's judgment and rulings by the trial court in this matter. For the following reasons, we affirm as amended. ...
Weatherton v. Isle of Capri Casino - 12/11/2002
The claimant, Dorothy A. Weatherton, appeals three judgments that dismissed all of her claims filed in the Office of Workers' Compensation ("OWC"). The defendants are her former employer, Isle of Capri Casino, and a court reporter,...
Jones v. Ruskin Manufacturing - 12/11/2002
The plaintiff in this worker's compensation case alleges that she contracted an occupational disease from fumes from paint, diesel, and other substances while in the employ of the defendant. The worker's compensation judge ("WCJ")...
Collins v. Shelter Mutual Insurance Company - 12/11/2002
Shelter Mutual Insurance Company, ("Shelter"), appeals an award of general and special damages to Theresa Traylor Collins for injuries she sustained in an automobile accident in 1991. Theresa seeks an increase in damages for future...
Peterson v. Austin - 12/11/2002
Kevin Peterson, an inmate at David Wade Correctional Center ("DWCC"), appeals the dismissal of his suit against Sgt. B. Hall, Pam Austin, and the Louisiana Department of Corrections on the basis of prematurity. Finding no merit in his...
Boren v. ABC Insurance Company - 12/11/2002
BROWN, J., dissents with written reasons.
This appeal arises from a jury finding that the road in the area of milepost 83.5 on U.S. Highway 84 in Winn Parish was not defective and did not create an unreasonable risk of harm to...
Fish v. Grey Wolf Drilling Company - 12/11/2002
This is an appeal by Ronnie D. Fish ("Fish") from a judgment denying his claim for workers compensation benefits and medical benefits. The judgment further found that Fish had forfeited his right to workers' compensation because he...
Gilcrease v. Wal-Mart Stores - 12/11/2002
By Order of the Court dated May 6, 2003, this previously unpublished opinion was ordered published.
The employer, Wal-Mart Stores, Inc. ("Wal-Mart"), appeals a WCJ's judgment finding that the claimant, Joy Gilcrease, sustained a...
Federated Rural Electric Insurance Corp. v. Gulf South Cable Inc. - 12/11/2002
Amy, J., concurs
REVERSED.
In an underlying suit, Federated Rural Electric Insurance Corporation (Federated) defended its insured, Dixie Electric Membership Corporation (Dixie), and settled all claims for $125,000.00. Based...
Wall v. Calcasieu Parich Police Jury - 12/11/2002
REVERSED. WRIT GRANTED AND MADE PEREMPTORY. REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS.
This matter arises out of the death of Kenneth C. Wall and originally came to us by application for supervisory writs filed by...
Thomas v. Southwest Louisiana Hospital Association - 12/11/2002
REVERSED AND RENDERED.
Both the plaintiff, Betty Latigue, and the defendant, Southwest Louisiana Hospital Association d/b/a Lake Charles Memorial Hospital (Memorial Hospital), appeal the judgment of the trial court in this...
Nabors Drilling USA v. Davis - 12/11/2002
REVERSED.
On November 14, 2000, David Davis injured his back while pulling drill slips. At the time, he was in the course and scope of his employment with Nabors Drilling USA (Nabors). Davis' employer appeals a workers'...
In re Succession of Walker - 12/11/2002
EXCEPTION GRANTED, APPEAL DISMISSED.
Memco Barge Line, Inc., Memco Barge Line 1998 Trust and Continental Insurance Company (Memco), Defendants in a wrongful death and survival tort action filed in Orleans Parish Civil District...
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