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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Taylor v. Clement - 12/4/2002
AFFIRMED.
In this medical malpractice case, the Patient's Compensation Fund (PCF) appeals a judgment of the trial court in favor of the plaintiffs, Sharon and Charles Ray Taylor, Jr., whose infant son died twenty-four days after...
Harrison v. Smith - 11/26/2002
AFFIRMED
Defendant, the Louisiana Patient's Compensation Fund ("PCF") appeals a judgment of the district court in favor of the plaintiff, Ronald Harrison, in the amount of $439,915.00. We affirm.
The underlying facts which...
Ricks v. Jefferson Parish Hospital Service District #2 - 11/26/2002
AFFIRMED
In this medical malpractice action, after trial, the jury found that the doctor did not breach the applicable standard of care in his medical treatment of plaintiffs' son, Benjamin Ricks. For the following reasons, we...
Caronna v. Curry - 11/26/2002
AFFIRMED
This is an appeal by Carrie Whitaker Caronna, plaintiff-appellant, from a summary judgment dismissing the State of Louisiana, through the Department of Transportation and Development, defendant-appellee, from this...
Angelle v. Delery - 11/26/2002
AFFIRMED.
In this personal injury lawsuit, after trial, the jury found that the defendant-driver caused the automobile accident, which caused the injury to plaintiff's shoulder and awarded damages. The trial court subsequently...
In re Casanova - 11/22/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Joseph R. Casanova, an attorney licensed to practice law in Louisiana. ...
Scott v. American Tobacco Co. - 11/15/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS
We granted certiorari in this tobacco class action litigation to determine whether the lower courts properly considered the issue of the...
Craven v. Carter - 11/13/2002
REVERSED IN PART; AFFIRMED IN PART
Plaintiff, Suzanne Craven, appeals a Judgment Notwithstanding the Verdict, that confirmed the jury finding of no injury, but awarded damages for inconvenience. For reasons that follow, we...
Davis v. Witt - 11/13/2002
DOUCET, C.J., DISSENTS IN PART. I WOULD REVERSE THE TRIAL COURT'S FINDING THAT THE ST. MARTIN SHERIFF'S OFFICE BREACHED A DUTY OWED TO THE PLAINTIFFS. THEREFORE, I WOULD REVERSE THE JUDGMENT AGAINST THE SHERIFF'S OFFICE. IN ALL OTHER...
In re Medical Review Panel of Conerly - 11/13/2002
REVERSED IN PART AND REMANDED
This is an action for medical malpractice involving two blood transfusions in September and October 1979 that plaintiff received as an infant at Ochsner Foundation Hospital. Approximately eighteen...
O'Bryan v. Louisiana Patient's Compensation Fund Oversight Board - 11/8/2002
Guidry, J. Concurs.
Pettigrew, J. Concurrs.
Fitszsimmons, J. Dissents in part and assigns reasons.
Dr. E. Michael O'Bryan appeals an adverse judgment entered pursuant to a petition for declaratory judgment where the...
Springfield v. Wal-Mart #1266 - 11/8/2002
Disposition: AFFIRMED.
After an alleged work-related back injury, Wal-Mart Stores, Inc. paid workers' compensation disability benefits to claimant, Sylvia Springfield, for various periods of time during which she was unable to...
Spooner v. East Baton Rouge Parish Sheriff Dep't - 11/8/2002
Kuhn concurs with reasons
In this case, plaintiff, Emmett Spooner I, appeals the July 10, 2001 judgment of the 19th Judicial District Court dismissing his suit with prejudice for failure to exhaust administrative remedies. For...
Fabre v. ICF Kaiser International - 11/8/2002
Kuhn, J., Concurs
An employer and its insurer appeal a judgment from a workers' compensation tribunal awarding the reinstatement of benefits for a former employee allowing additional back surgery and psychiatric counseling and...
In re Mitchell - 11/8/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by the Office of respondent, Linda A. Mitchell, an attorney licensed to practice law in the State of Louisiana. The Office of...
Fornea v. Norwell Equipment Co. - 11/8/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This appeal challenges the award of workers' compensation benefits. We affirm.
BACKGROUND
Bret Fornea...
Piatkowski v. Wal-Mart Stores - 11/8/2002
This workers' compensation action is before us on appeal from a judgment in favor of the claimant, Hollis Piatkowski, and against her employer, Wal-Mart Stores, Inc. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL...
Miller v. Superior Shipyard and Fabrication - 11/8/2002
The issue raised in this appeal is whether insurance coverage is available under a business auto policy. The trial court found that there was no coverage, and for the following reasons, we affirm.
BACKGROUND
This matter...
Jackson v. Southern Livestock Supply - 11/8/2002
This is an appeal by claimant, Emerson J. Jackson, Sr., challenging a ruling of the Office of Workers' Compensation ("OWC") sustaining the peremptory exception raising the objection of prescription filed by his employer, Southern...
Walker v. Acadian Builders of Gonzales - 11/8/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This workers' compensation case involves two separate claims for death benefits. Cortanna Rene Beecham (first...
Richard v. Milazzo - 11/8/2002
Kline, J. Dissents for the reasons assigned by Fogg, J.
Fogg, J. dissents and assigns reasons.
In this personal injury action, issues concerning liability, damages, and insurance coverage are raised on appeal. For the...
Salaiman v. Louisiana Casino Cruises - 11/8/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
At issue in this appeal is whether La. R.S. 32:295, which requires that children under the age of thirteen be...
Mouton v. Thomas - 11/6/2002
REVERSED AND REMANDED FOR TRIAL.
In this personal injury case, defendant, Allison Thomas, appeals the judgment of the trial court which awarded the plaintiff, Kevin Mouton, $13,122.06 in past medical expenses, $5,070.00 in future...
Holloway v. Midland Risk Insurance Co. - 10/30/2002
CARAWAY, J., dissents with written reasons.
The defendants, Holmatro Inc. ("Holmatro") and Vanguard Insurance Company, appeal a judgment in favor of the plaintiffs, Donnie Holloway and Nancy Holloway. The jury found that...
Conner v. Stelly - 10/30/2002
AFFIRMED.
In this medical malpractice case, defendant, Louisiana Patient's Compensation Fund ("PCF"), appeals a judgment pursuant to a jury verdict which awarded Jerrilyn Conner $200,000.00 in pain and suffering, $50,000.00 for...
Jennings American Legion Hospital v. Jones - 10/30/2002
REVERSED AND REMANDED.
Eugene Jones brought an action seeking recovery for medical malpractice. In response, Jennings American Legion Hospital filed a peremptory exception of prescription. After a contradictory hearing, the trial...
Warren v. Sabine Towing and Transportation Company - 10/30/2002
REVERSED IN PART; AMENDED IN PART; AFFIRMED IN PART.
This litigation arises from James Elmer Warren, Jr.'s exposure to benzene and benzene-containing products during the course of his employment with Sabine Towing and...
Campbell v. Verrett - 10/30/2002
AFFIRMED.
This case arose out of a personal injury claim filed by Lillie Campbell. Ms. Campbell was injured while she was a passenger in an Ford F-250 truck driven by Hilton A. Verrett. At the time of the accident, the vehicle...
Davis v. M & E Food Mart - 10/30/2002
REVERSED AND REMANDED.
The plaintiffs, Gordon Neal Davis, Jean Davis LeGros, and Dorothy Diann Davis, appeal the trial court's grant of a summary judgment dismissing their survival and wrongful death action against the defendant,...
Miller v. Clout - 10/30/2002
AMENDED IN PART, REVERSED IN PART, AND RENDERED.
In this personal injury case involving a rear-end vehicular collision where liability for causing the accident was stipulated, the plaintiff, Iris Miller, who was sixty-three years...
Bellard v. Seale Guest House - 10/30/2002
REVERSED AND REMANDED.
Russell Bellard appeals the dismissal of his workers' compensation suit on an exception of prescription. Because this case presents issues that cannot be resolved on the scant appellate record before us, we...
Pracht v. City of Shreveport - 10/30/2002
The plaintiffs, Steve Pracht and Shade Tree Auto Parts, Inc., appeal a trial court's grant of summary judgment in favor of the city of Shreveport, dismissing plaintiffs' claims on the basis of prescription. For the following reasons,...
Law Offices of Robert M. Becnel v. Ancale - 9/30/2002
AFFIRMED
This appeal involves a dispute between two law firms concerning the apportionment of attorney's fees obtained out of the proceeds of a settlement in a personal injury case. For the reasons stated herein, we affirm. ...
In re Medical Review Panel of Crabtree - 9/30/2002
REVERSED AND REMANDED
The defendants appeal from the judgment of the trial court dismissing their Motion to Extend the Life of a Medical Review Panel. For the following reasons, we reverse the decision of the trial court. ...
In re Broussard - 9/30/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline submitted by respondent, Francis C. Broussard, following the filing of formal charges by the Office of Disciplinary Counsel ("ODC"). ...
Robinson v. Doe - 9/30/2002
AFFIRMED
This is an appeal from a judgment in which the trial court found that a vehicle had not been stolen and that insurance coverage would apply.
Wayne Robinson brought a personal injury tort action, arising out of an...
Yohn v. Brandon - 9/27/2002
Plaintiff, Elizabeth Yohn, filed suit against defendants, Kenneth W. Brandon, as administrator for the estate of his minor daughter, Kristin Nicole Brandon, and their insurer, Assurance Company of America, for damages from a traffic...
Perritt v. Dona - 9/20/2002
PEATROSS, J., concurs with written reasons.
BROWN, C.J., concurs/dissents in part with reasons.
WILLIAMS, J., concurs and dissents in part for the reasons assigned by C.J. Brown.
These three cases concern the...
Allen v. State Farm Fire and Casualty Co. - 9/18/2002
Michael Mark Allen filed suit for personal injuries after his hand was severely injured by a dog bite. Allen obtained a summary judgment on the issue of liability against the owners of the dog, John and Amy Slaton, and their homeowners...
Street v. Louisiana Pacific Corp. - 9/18/2002
PUBLISHED ADDENDUM ATTACHED.
The surviving spouse and children of an electrocution victim appeal the trial court's allocation of fault among the victim and the municipality which provided the electrical utility. The defendant...
Peterson v. Toffton - 9/18/2002
This is an appeal by an inmate from a judgment dismissing his civil action with prejudice, prior to docketing, for failure to state a cause of action and for failure to state a claim upon which relief could be granted. For the reasons...
Feild v. General Motors Corp. - 9/18/2002
The employer, General Motors ("GM"), appeals a judgment finding that the claimant, Kathleen Feild, sustained a work-related mental injury and awarding her temporary, total workers' compensation benefits. Ms. Feild answers the appeal,...
In re Turnage - 9/13/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from seven counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, James David Turnage, an attorney licensed...
Austin v. Abney Mills - 9/4/2002
For the reasons set forth above, we reverse the lower courts' summary judgment in favor of the employer defendants and remand for further proceedings not inconsistent with our holding in this case.
REVERSED AND REMANDED. ...
In re Lucas - 8/30/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by respondent, George Edward Lucas, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
In...
Baker v. Williams - 8/28/2002
AFFIRMED.
This medical malpractice action involves three consolidated cases. Plaintiffs, James and Shirley Baker, individually and on behalf of their minor children Bobby Joe, Daniel James, and Caitlin Goldie Baker, appeal...
West v. G & H Seed Co. - 8/28/2002
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR TRIAL ON THE MERITS.
Plaintiffs sought to certify a class of crawfish farmers against Aventis, an insecticide manufacturer, and certain distributors of insecticide-treated rice...
Hall v. Brookshire Brothers - 8/21/2002
Thibodeaux, J., dissents in part and assigns written reasons.
AFFIRMED.
After developing an infection that produced several boils on her body, Barbara Hall was treated by Drs. A. Kent Seale and Walter Ledet at the Sulphur...
In re Hunter - 8/19/2002
ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA
This judicial discipline matter comes before the court on the recommendation of the Judiciary Commission of Louisiana, a constitutional body charged with...
Peterson v. Ward - 8/16/2002
Plaintiff, Kevin Peterson, filed what he styled as a habeas corpus action against certain prison officials. The trial court summarily dismissed with prejudice. We affirm.
Facts
Plaintiff, Kevin Peterson, is currently...
Poullard v. Hanson - 8/14/2002
In this suit for damages and declaratory judgment, the plaintiff John Poullard, a prisoner at David Wade Correctional Institute, appeals a judgment of the trial court sustaining dilatory exceptions filed by the defendants, Lt. Col. Ray...
Cox v. Supply - 8/14/2002
The claimant, Cecil Cox ("Cox"), sued his employer, Roofing Supply, Inc. ("Roofing Supply"), for workers' compensation benefits arising from an occupational disease. The WCJ found that one day of symptoms were related to an...
Bujol v. Entergy Services - 8/14/2002
This appeal is from judgments rendered after a second trial arising from an explosion and flash fire. The plaintiffs are two individuals who were severely burned in an industrial accident, Don A. Perkins and Joseph E. "Jeb" Bujol, III,...
Louisiana Department of Transportation & Development v. Kansas City Southern - 8/8/2002
This appeal arose out of a dispute over the efforts of the State of Louisiana, Department of Transportation and Development (DOTD) to be paid by previous property owners for the costs of removal of allegedly hazardous material...
Day v. Ouachita Parish School Board - 8/8/2002
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
KOSTELKA, J., dissents with written reasons.
The defendants, Ouachita Parish School Board and John Green, appeal a judgment in favor...
Hebert v. ANCO Insulation - 7/31/2002
Whipple, J. concurs in part and dissents in part for reasons assigned.
Downing, J., concurs in part and dissents in part for the reasons assigned by Whipple, J.
This case involves claims by Alvin A. Hebert, Sr. and his...
Safeco Insurance Co. of America v. Chrysler Corp. - 7/31/2002
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
The defendants, DaimlerChrysler Corporation and Southern Chrysler Plymouth, Inc., appeal the judgment in favor of the plaintiffs, Michael and Sue Mioton and...
Burns v. City of Kenner - 7/30/2002
JUDGMENT VACATED, REMANDED FOR FURTHER PROCEEDINGS.
This is an appeal by Peggy Burns, plaintiff-appellant, from a judgment sustaining an exception of prescription urged by the City of Kenner, defendant-appellee, in this racial...
Benoit v. Archer - 6/26/2002
REVERSED.
Amy, J., dissents
Plaintiffs appeal the judgment of the trial court holding their claim for medical malpractice had prescribed. For the following reasons, we reverse.
FACTS
Pamela Benoit was first seen...
Carter v. Wal-Mart Stores - 6/26/2002
AFFIRMED.
FACTS
On October 24, 1997, Eddie Carter was employed by Wal-Mart in the Receiving Department when he injured his back in the course of performing his duties. Initially, Mr. Carter sought medical treatment for his...
Breaux v. Touchet - 6/26/2002
AFFIRMED.
This case originated from a suit filed by Clarence Touchet to recover personal injury damages in connection with an automobile accident that occurred in 1993. That suit resulted in a 1997 judgment in favor of Mr....
Hahn v. Nabors Offshore Corp. - 6/26/2002
WRIT DENIED.
Cooks, J., dissents.
This matter is before us on an application for supervisory writs filed by Steven Hahn seeking to reverse the trial court's denial of his motion to strike the jury demand filed by the...
State v. Bush - 6/26/2002
AFFIRMED.
On August 17, 2001, the Jefferson Parish District Attorney's Office filed a bill of information charging defendant, Denise Bush, with possession of cocaine over 28 grams in violation of LSA-R.S. 40:967(F) and felon in...
State v. Sopczak - 6/26/2002
CONVICITON AFFIRMED; SENTENCE ON MULTIPLE BILL VACATED AND REMANDED
Defendant, Michael Sopczak, appeals his conviction on two counts of simple burglary, alleging that he was insane at the time of the offenses. For the reasons to...
In re Smith - 6/21/2002
This disciplinary matter arises from eight counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Willie Fred Smith, an attorney licensed to practice law in the State of Louisiana, but...
Berry v. Orleans Parish School Board - 6/21/2002
We granted a writ of certiorari in this case to consider whether an indemnity clause between the Lighthouse of the Blind and the Orleans Parish School Board requires the Lighthouse to indemnify the school board for the school board's...
Boland v. Kleinpeter - 6/21/2002
We granted certiorari in this case to consider whether the court of appeal erred in reversing the judgment of the district court which had held that plaintiffs' conversion claims against defendants, Michael and Eloise Futrell, are...
Creppel v. Dixon Correctional Institute - 6/21/2002
This is an appeal brought by Leonce Creppel, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, seeking reversal of the district court's action dismissing his suit without prejudice on the grounds of...
Pratt v. Himel Marine - 6/21/2002
In this redhibition case, defendants, Mercury Marine ("Mercury") and Himel Marine, Inc., ("Himel Marine") appeal from the judgment of the trial court incorporating the jury's verdict, assessing fault and awarding damages in favor of...
Roosevelt Florida v. Louisiana Department of Public Safety and Corrections - 6/21/2002
Plaintiffs, Roosevelt Florida, Russell Blanchard and Donald Ray Evans, appeal from a judgment dismissing their petition for damages without prejudice following plaintiffs' failure to amend their petition to reflect that they had first...
Templet v. S & B Engineers & Constructors - 6/21/2002
FACTS
Mr. Paul Lonny Templet, a carpenter, filed a disputed claim for compensation on August 16, 1999, against his employer, S & B Engineers and Construction, Ltd. (S&B;. He averred that he was injured on October 14,...
Armand v. State Department of Health and Human Resources - 6/21/2002
GUIDRY, J., concurs.
This appeal places at issue the constitutionality of Louisiana Revised Statute 40:1299.39, which limits the liability of state health-care providers in a medical-malpractice action for general damages and...
In re Bolton - 6/21/2002
This disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Barry W. Bolton, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS ...
Jonise v. Bologna Brothers - 6/21/2002
The single issue in this workers' compensation case concerns prescription for death benefits and burial expenses. On July 30, 1998, Derrick Dewayne Jonise collapsed while working and was transported to a hospital and pronounced dead on...
Campo v. Correa - 6/21/2002
This medical malpractice case primarily addresses two prescription issues concerning the date of discovery. The initial issue before us is whether the plaintiffs' petition was prescribed on its face when plaintiffs' claims are brought...
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