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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Joseph v. J.E. Merit Constructions - 6/21/2002
Whipple, J. concurs in the result.
Claimant appeals judgment denying her medical and indemnity benefits. For the following reasons, we reverse in part and remand.
FACTS AND PROCEDURAL HISTORY
The claimant, Devonna C....
Northshort Capital Enterprises v. St. Tammany Hospital District #2 - 6/21/2002
Disposition: AFFIRMED.
Plaintiffs-appellants, Edwin J. Cantin, Jr. and Ed Stevens d/b/a Northshore Capital Enterprises, appeal a judgment sustaining a peremptory exception of no right of action filed by defendant St. Tammany...
Bibbins v. Sonny's Pizza - 6/21/2002
The claimant appeals a judgment by a workers' compensation judge (WCJ) dismissing her claims for workers' compensation benefits. For the reasons that follow, we affirm the decision of the WCJ.
FACTS AND PROCEDURAL HISTORY ...
Dunn v. Riverview Medical Center - 6/21/2002
Guidry, J. concurs.
The salient issue raised on motion for summary judgment in this workers' compensation case is whether the claimant has proven a compensable occupational disease. For the following reasons, we reverse and...
Adeola v. Kemmerly - 6/21/2002
The defendant-appellant, Louisiana Patient's Compensation Fund (LPCF), appeals a judgment rendered in accordance with a jury verdict awarding damages to plaintiff-appellee, Fadeka Joyce Adeola, a minor child. LPCF alleges the trial...
Gilbert v. Evan - 6/21/2002
This is a suit between two lawyers, Patrick Yancey and Stephen Callahan, arising out of a dispute over the division of a large fee earned in connection with a personal injury claim. Yancey appeals from a summary judgment in favor of...
Bolton v. B E & K Construction - 6/21/2002
FITZSIMMONS, J. CONCURS.
The employee, Frank Bolton, Jr. (Bolton), claims he was injured on August 13, 1998, while in the course and scope of his employment with defendant, B E & K Construction (BE&K;. Bolton's claim for...
Guidry v. Millers Casualty Insurance Company - 6/21/2002
CARTER, J. Concurs
In this personal injury action, the general damages and penalty awards resulting from a prior jury trial were increased by the trial court after a new trial. The plaintiffs' uninsured/underinsured motorist...
Bertrand v. Air Logistics - 6/19/2002
AFFIRMED.
This litigation arises out of a November 1, 1997, helicopter accident in the Gulf of Mexico. All of the parties involved appealed. For the following reasons, we affirm.
Facts
On November 1, 1997, Steven...
Jenkins v. Dyess - 6/19/2002
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
BROWN, J., dissents with reasons.
We granted supervisory writs to review the trial court's denial of the defendant-physician's...
Rhone v. Lewis - 6/14/2002
Inmate, Alfonso Rhone, brought a personal injury action against several officials at the David Wade Correctional Center (DWCC) for violations of various constitutional rights. Using its screening powers under the Prison Litigation...
Lyons v. J.A. Auger - 6/12/2002
This appeal arises out of an auto accident involving a 1994 Subaru, driven by Kelly Jo Allen, and a 1994 International tractor trailer driven by Francis Brown for J. A. Auger, Inc. The children of Ms. Allen, through their tutrix, Joan...
Johnston v. Hendricks - 6/12/2002
On Remand
Around 4:00 p.m. on September 28, 1999, Oscar Johnston was traveling south on Self Road in West Carroll Parish. Floyd Hendricks, an employee of the State Department of Agriculture and Forestry, was heading north on the...
Poullard v. Diocese of Lafayette - 6/12/2002
AFFIRMED.
FACTS
Dorothy Poullard worked as a technician/cook at the St. Edmund's school cafeteria in Eunice. On May 23, 2000, Poullard and a co-worker were moving a meat slicer from one table to another. Mrs. Poullard said...
Jackson v. Sears Authorized Retail Dealer Store - 6/12/2002
In this personal injury action, Anthony Jackson ("Jackson") appeals the summary judgment granted in favor of Kenthel, Inc., a corporation doing business as Sears Authorized Retail Dealer Store ("Sears"), and its insurer, United Fire...
Wallace v. Lavergne Transport - 6/12/2002
The employer argues that the claimant violated the provisions of La.R.S. 12:1208 by cashing workers' compensation checks and engaging in other employment. The workers' compensation judge found in favor of the claimant and reinstated...
Robicheaux v. Adly - 6/12/2002
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
In this wrongful death/survival action, Curtis Robicheaux (Curtis), on behalf of his deceased wife, Judy Robicheaux, and as natural tutor of their minor child, Kisha, and the...
In re Dumas - 6/7/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Walter C. Dumas, an attorney licensed to practice law...
In re Glorioso - 6/6/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by respondent, Vincent J. Glorioso, Jr., an attorney licensed to practice law in the State of Louisiana but currently on interim...
In re Henderson - 6/6/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from five counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Edward L. Henderson, an attorney licensed...
Hanley v. Doctors Hospital of Shreveport - 6/6/2002
CARAWAY, J., concurs in part and dissents in part with reasons.
The defendant, Doctors Hospital of Shreveport ("Doctors Hospital"), appeals a judgment in favor of the plaintiff, Linda Hanley ("Hanley"). For plaintiff's sexual...
Hebert v. Rapides Parish Police Jury - 6/5/2002
AFFIRMED.
FACTS
On October 15, 1995, at approximately 9:00 P.M., 17 year-old Katie Hebert was driving East on Philadelphia Road in Rapides Parish, Louisiana, when she lost control of her vehicle and collided with the...
Louviere v. Louviere - 6/5/2002
Guidry, J. dissents in part and assigns reasons.
Fogg, J. concurs in the result.
This case arose out of a tragic crime spree committed in Terrebonne Parish by Terrebonne Parish Sheriff's Office (TPSO) Deputy Chad Ray...
Granger v. Guillory - 6/5/2002
AFFIRMED.
Mr. Patrick and Ms. Linda Granger sued Mr. Scott Guillory and Continental Insurance Company (Continental) for personal injuries, which they received when horses, which Mr. Guillory owned, ran free on the highway and...
George v. Reliance Insurance Co. - 6/5/2002
WRIT DENIED.
This is an action for indemnity and attorney's fees resulting from the defense of a personal injury action. The movant filed for summary judgment. This motion was ultimately denied by the trial court. As a result,...
Augillard v. Gaspard - 5/30/2002
AMENDED AND AFFIRMED.
In this personal injury lawsuit, after a bench trial, the trial judge found that Severin Gaspard and a third-party non-defendant were equally responsible for the accident which caused Darryl Augillard's...
Taylor v. State - 3/28/2002
Parro, J., concurs.
Plaintiff, Benny Taylor (Taylor), filed a claim for workers' compensation benefits against his employer, the State of Louisiana Department of Public Safety and Corrections (the State). He alleged that the...
Brister v. Geico Insurance - 3/28/2002
Michael Brister appeals a trial court judgment that sustained a peremptory exception raising the objection of prescription and dismissed his claims against GEICO Insurance (GEICO). We affirm.
FACTUAL AND PROCEDURAL BACKGROUND ...
Bennett v. Krupkin - 3/28/2002
This medical malpractice action is before us on remand from the Supreme Court, with instructions for this court to review the propriety of the trial court's judgment maintaining the exception of prematurity filed by Dr. Robert Krupkin....
Mississippi Farm Bureau Mutual Insurance Company - 3/28/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This appeal challenges the trial court's dismissal of a nullity action. We reverse.
BACKGROUND
On...
Paternostro v. Larocca - 3/28/2002
In this legal malpractice action, plaintiff appeals the trial court's judgment granting defendant's exception raising the objection of prescription and dismissing his claim with prejudice. For the reasons that follow, we affirm. ...
Tuminello v. St. Tammany Parish Hospital - 3/28/2002
In this medical malpractice action, the plaintiffs contest the dismissal of one defendant pursuant to the granting of a motion for summary judgment. For the following reasons, we reverse.
Earlean Tuminello began residing at...
Carpenter v. Hannan - 3/28/2002
Following a jury trial in this medical malpractice action, a verdict was returned in favor of the plaintiffs. The Louisiana Patients' Compensation Fund ("PCF") filed a motion for new trial, which was denied by the trial court. This...
Shroyer v. Foster - 3/28/2002
Disposition: REVERSED AND RENDERED.
In this appeal, we address whether an arbitration provision in a contract signed by a husband binds his wife. We conclude that when the non-signatory spouse sues for damages based on an alleged...
Winfield v. Jiffy Lube - 3/28/2002
Appellant, Lisa Winfield, appeals the decision of the workers' compensation judge dismissing her claim against appellee, Jiffy Lube d/b/a Louisiana Lubricants. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY ...
Dufrene v. Video Co-Op - 3/28/2002
This case is on appeal from a ruling of the Office of Workers' Compensation ("OWC") denying claimant's request for supplemental earnings benefits. For the reasons that follow, we affirm the ruling granting the exception of prescription...
Vallien v. State ex rel Dept. of Transportation and Development - 3/27/2002
AFFIRMED.
Thibodeaux, J., concurs in part and dissents in part and assigns written reasons.
These wrongful death and survival claims arise out of a single-vehicle accident which occurred in Cameron Parish, Louisiana, on the...
McGrath v. Excel Home Care - 3/26/2002
AFFIRMED.
In this medical malpractice action filed against Excel Home Care, Inc. (Excel) and its insurer, St. Paul Fire & Marine Insurance Company (St. Paul), the Louisiana Patients' Compensation Fund and Oversight Board (the...
McBride v. State Farm Mutual Automobile Insurance Company - 3/26/2002
REVERSED; DAMAGES AWARDED
This matter arises out of an automobile accident in which Plaintiffs-Appellants assert the Louisiana Department of Transportation and Development (DOTD) was at fault. Finding manifest error in the trial...
In re Brown - 3/22/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This case arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Tyrone C. Brown, an attorney licensed to practice law in the State of...
Jackson v. Iberia Parish Government - 3/20/2002
Saunders, J., dissents and assigns written reasons.
AFFIRMED.
In this workers' compensation case, the claimant, Bradley Jackson, appeals the judgment of the workers'compensation judge denying benefits. For the following...
In re Parker - 3/15/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Leonard O. Parker, Jr.
PRIOR DISCIPLINARY HISTORY
On...
In re Patrick - 3/15/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Robert E. Patrick.
PRIOR DISCIPLINARY HISTORY
On July...
Schulingkamp v. Ochsner Clinic - 3/13/2002
CANNELLA, J., DISSENTING WITH REASONS
AFFIRMED
Plaintiffs/ Appellants appeal the trial court's ruling that their claim against defendant, Ochsner Clinic, L.L.C., had prescribed pursuant to the Louisiana Medical Malpractice...
Marler v. New Orleans Area Council - 3/13/2002
AMENDED AND AS AMENDED AFFIRMED
The issue presented for our review in this workers' compensation matter is whether the trial court erred in finding that claimant, Ronald A. Marler, did not violate LSA-R.S. 23:1208, and did not...
Dauterive Contractors - 3/13/2002
AFFIRMED.
This is a legal malpractice action instituted under La.R.S. 9:5605 by plaintiff-client, Dauterive Contractors, Inc., against defendant-law firm, Landry & Watkins, A Law Partnership, for failure to timely file proof...
Partin v. Merchants & Farmers Bank - 3/11/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT NO. 2
In this case, Claimant, Eva Marie Partin, alleged that she suffered a compensable mental injury when her employer,...
Ville Platte Medical Center v. Mcglynn - 3/6/2002
The employer terminated workers' compensation benefits and subsequently filed this matter seeking a determination as to whether the allegedly injured employee was entitled to continuation of benefits. The employee filed a...
Louisiana Farm Bureau Mutual Insurance Co. v. Regal Insurance Co. - 3/6/2002
AFFIRMED.
The appellant, Regal Insurance Company (Regal), appeals the trial court's final judgment in favor of the plaintiff, Louisiana Farm Bureau Mutual Insurance Company (LFBM), in this personal injury accident case. The...
Martello v. City of Ferriday - 3/6/2002
AFFIRMED.
The Defendants, the Town of Ferriday (the Town), Owen & White, Inc. (O&W; and U.S. Filter Wastewater Group, Inc. (U.S. Filter), appeal the trial court's decision to certify this matter as a class action. ...
Richard v. Louisiana Extended Care Centers - 3/6/2002
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
The curatrix of a nursing home resident filed suit against the nursing home alleging the resident sustained serious injury as a result of an employee's negligent or tortious conduct....
White v. Beauregard Memorial Hospital - 3/6/2002
AFFIRMED.
Teresa Lewis White filed this wrongful death medical malpractice suit, naming as defendants Hospital Service District No. 2 of Beauregard Parish, d/b/a Beauregard Memorial Hospital (Beauregard Memorial), domiciled in...
Johnson v. Frazer - 3/6/2002
AFFIRMED.
In this medical malpractice action, Dr. Charles Frazer, the Defendant, seeks review of the trial court's grant of a rule to remove a member of the medical review panel. We affirm.
On July 29, 1999, Kendra Johnson...
Guy v. Mitchell - 3/1/2002
The plaintiffs, Kathy Guy ("Guy") and her husband, William Guy, appeal a trial court's judgment in favor of her employer, Fibrebond Corporation ("Fibrebond"). The trial court granted the employer's motion for summary judgment,...
Stett v. Greve - 2/27/2002
WILLIAMS, J., dissents with written reasons.
DREW, J., dissents for the reasons assigned by J. Williams.
Trial on the exception of prescription occurred in this case to determine whether the alleged malpractice of the...
Sidwell v. Horseshoe Entertainment Limited Partnership - 2/27/2002
Diana Sidwell ("Sidwell") appeals the grant of summary judgment by the Workers' Compensation Judge ("WCJ") in favor of Horseshoe Entertainment Limited Partnership, d/b/a Horseshoe Casino-Hotel ("Horseshoe"), which dismissed Sidwell's...
Howard v. Edmon - 2/27/2002
In this suit arising from an auto collision, intervenor Mary Helen Robinson appeals from trial court judgments granting exceptions of prescription filed by the defendants. We affirm.
FACTS
On April 8, 2000, a vehicle in...
Greene v. Taylor - 2/27/2002
AFFIRMED.
The plaintiff, Gwendolyn Taylor Greene, appeals a judgment of the trial court designating the defendant, John B. Taylor, the domiciliary parent of their minor children, Mitchell and Jonah, and finding that it would be...
Smith v. Riverwood International - 2/27/2002
Lillian J. Smith ("Smith") appeals the judgment of the Workers' Compensation Judge (the "WCJ") in favor of Riverwood International ("Riverwood") and Travelers Insurance Company ("Travelers") (collectively, "appellees"), which found...
Medical Review Panel for the Claim of Abbott v. Louisiana State University Medical Center-Shreveport - 2/27/2002
In this medical malpractice case, the trial court granted the exception of prescription filed by the defendant, Louisiana State University Health Sciences Center-Shreveport ("LSU Health Sciences Center"), formerly known as Louisiana...
McCullough v. McCullough - 2/26/2002
AFFIRMED IN PART, AMENDED IN PART AND RENDERED.
Defendant, Steven L. McCullough, appeals from the trial court judgment which partitions the community of acquets and gains formerly existing between him and Plaintiff, Cindy R....
Seitz v. Scofield - 2/26/2002
AFFIRMED.
In this personal injury action, after trial, the jury found that Jean Scofield was negligent but that her negligence was not the proximate cause of the plaintiff's back injury. The plaintiff, Donna Seitz, appeals. For...
Tunstall v. Stierwald - 2/26/2002
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
In this personal injury suit, we are called upon to review the ruling of the court of appeal, affirming the trial court's amended judgment. After a...
In re Broome - 2/26/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Larry E. Broome, an attorney licensed to practice law...
Grady v. Riley - 2/26/2002
AFFIRMED.
Plaintiff appeals a summary judgment dismissing some of the defendants in this personal injury suit arising out of an automobile collision. We affirm.
On November 24, 1999 John Riley, an employee of the Jefferson...
In re Blanson - 2/22/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Vincent Blanson, an attorney licensed to practice law in...
Delco v. Stafford - 2/20/2002
Kuhn, J., concurring
This appeal arises following a judgment notwithstanding the verdict increasing plaintiff's award for general damages and future lost wages.
FACTS
This litigation stems from a collision between two...
Leblanc v. Succession of Raggio - 2/20/2002
LANIER, J. dissents and assigns reaons.
FITZSIMMONS, J. concurs in part, dissents in part and assigns reasons.
Peggy Sexton LeBlanc appeals an adverse summary judgment wherein the trial court dismissed her demands at her...
Hull v. Stalder - 2/15/2002
Disposition: VACATED IN PART AND AFFIRMED IN PART.
This matter arises from the trial court's dismissal of an inmate's petition for judicial review. Because we conclude the trial court had no jurisdiction to address the inmate's...
Callahan v. Wayne Matthews Construction - 2/15/2002
Claimant, John Callahan, III (Callahan), appeals an adverse decision by the Office of Workers' Compensation, wherein his disability claim was denied. Wayne Matthews Construction answered the appeal, asserting as error the trial court's...
Jim Walter Homes - 2/15/2002
Claimant appeals from a judgment of the Office of Workers' Compensation disqualifying him from receiving workers' compensation benefits based on violation of La. R.S. 23:1208, which governs misrepresentation concerning benefits. For...
Clausen v. D.A.G.G. Construction - 2/15/2002
In this workers' compensation case, Glenn Clausen (Clausen) appeals the decision of the workers' compensation judge denying his claim for workers' compensation benefits.
The Workers' Compensation Act provides coverage to an...
Davis v. St. Tammany Parish School Board - 2/15/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
In this workers' compensation case, the sole issue on appeal is whether the claimant, Dennis Davis, was within the...
In re Graham - 2/8/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Felicia Nicole Graham, an attorney licensed to practice law in the...
In re Wilty - 2/8/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from a petition for consent discipline filed by Michel P. Wilty, an attorney licensed to practice law in the State of Louisiana, but currently on interim...
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