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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Phillips v. Francis - 2/6/2002
REVERSED AND REMANDED FOR TRIAL ON THE MERITS.
Lucille Malbreaux timely filed a wrongful death suit against Brian Keith Francis and Sheriff Mike Neustrom of the Lafayette Parish Sheriff's Department as well as the Lafayette...
Quinn v. St. Charles Gaming Company - 2/6/2002
WRIT DENIED.
The defendant, St. Charles Gaming Company, Inc., d/b/a Isle of Capri Casino - Lake Charles, seeks supervisory writs on the trial court's denial of its motion for partial summary judgment on the issue of whether...
Laprarie v. Hercules Offshore Corp. - 2/6/2002
REVERSED.
Mark LaPrarie appeals the trial court's grant of summary judgment in favor of Parker Drilling Offshore Corporation (Parker), denying him maintenance and cure benefits. For the following reasons, we reverse.
Facts ...
Scales v. Rapides Regional Medical Center - 2/6/2002
REVERSED AND REMANDED.
On April 10, 1996, Dr. Charles Rogers performed a bariatric surgical procedure, on Mrs. Frances Scales at Rapides Regional Medical Center (RRMC) in Alexandria, Louisiana. He had been prohibited from...
Carrier v. Nobel Insurance Co. - 2/6/2002
AFFIRMED AS AMENDED.
This case arises from a two vehicle accident that occurred on March 12, 1997. The Defendants stipulated to liability and only damage- related issues were presented at trial. The jury returned a verdict of...
Owens v. Boh Bros. Construction Co. - 2/6/2002
REVERSED IN PART; AFFIRMED IN PART; AND REMANDED.
Factual and Procedural Background
On November 6, 1989, Robert Owens, an employee of Boh Bros. Construction Co., Inc. ("Boh Bros.") was injured while working as a member of...
Tauzier v. St. Patrick Parade Commitee of Jefferson - 1/29/2002
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
This is an appeal by a rider of a parade float from a summary judgment dismissing most of the defendants in her personal injury suit. We affirm in part, vacate in part, and remand....
Perry v. City of Bogalusa - 12/28/2001
Carter, J. concurs in the results.
Archie Perry appeals a judgment that granted a motion for summary judgment in favor of the City of Bogalusa and its police chief, Jerry Agnew, and dismissed his property damage and mental...
Hood v. Metro Industrial Corp. - 12/28/2001
Appellant seeks reversal of the judgment rendered by the Honorable Anthony P. Palermo, Office of Workers' Compensation Administration, District 5, finding the decedent's widow entitled to benefits under the Louisiana workers'...
Stroud v. Morrison Nursery - 12/28/2001
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
FACTS
On December 13, 1995, Imogene Stroud sustained a back injury when the vehicle she was operating was rear-ended while she was in the course and scope of her employment...
J. E. Merit Constructors - 12/28/2001
Eric J. Smith appeals a judgment by a workers' compensation judge (WCJ) that he had forfeited his entitlement to workers' compensation benefits due to his violation of La. R.S. 23:1208. The employer, J. E. Merit Constructors, Inc. (J....
Sandidge v. Sandidge - 12/28/2001
This is an appeal of a decision by the Office of Workers' Compensation Administration (OWC) granting a motion for summary judgment dismissing a claim for death benefits.
BACKGROUND AND FACTS
Kenneth Sandidge, Sr. (Mr....
Marsh Buggies - 12/28/2001
In this workers' compensation action, it is undisputed that the claimant suffered an injury to his cervical spine as a result of an employment-related accident. The employer contests that claimant's subsequent complaints of lumbar pain...
Lamb v. Berry - 12/28/2001
After settling for a total of $20,000 from two insurers, plaintiff Sandra G. Lamb went to trial against a third insurer and its insured, claiming that her injuries exceeded the amount previously paid. The trial court disagreed and...
Hayes v. Maxey - 12/28/2001
The City of Shreveport appealed the judgments in a pair of cases awarding damages to Dorothy Hayes and Patricia Maxey who sought recovery for injuries sustained in a relatively minor collision between a city bus and a 1993 Thunderbird...
Perez v. Trahant - 12/28/2001
Disposition: AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
Gonzales, J. concurs and assigns reasons.
Ciaccio, J. dissents and assigns reasons.
Plaintiff-appellant, Howard Perez, appeals a judgment dismissing as...
Brown v. Our Lady of the Lake Regional Medical Center - 12/28/2001
Disposition: AFFIRMED.
Plaintiff-appellant, Charles Brown, individually and ostensibly on behalf of the estate of Mabel Brown, appeals a judgment dismissing as prescribed his wrongful death claim against defendant-appellee, Our...
Etcher v. Neumann - 12/28/2001
In this medical malpractice action, defendants, Dr. Howard J. Neumann and Louisiana Medical Mutual Insurance Company, and intervenor, Louisiana Patient's Compensation Fund (PCF), appeal a judgment of the district court that was entered...
Moreau v. North American Fire and Casualty Insurance Co. - 12/26/2001
AFFIRMED
In this matter, we affirm a judgment awarding damages in favor of Plaintiff-Appellee, Marilyn Moreau.
STATEMENT OF THE CASE
The matter was instituted with a Petition for Damages filed on November 3, 1999,...
Mendoza v. Stewart & Associates - 12/26/2001
AFFIRMED
Mr. Troy Mendoza appeals the judgment of the trial court finding that he had forfeited his right to worker's compensation benefits by willful misrepresentations to obtain benefits. Mr. Mendoza filed an action for...
Cacioppo v. Alton Ochsner Foundation Hospital - 12/26/2001
AFFIRMED
The plaintiffs have appealed the trial court's grant of the defendants' Exception of Prescription. For the reasons which follow, we affirm.
FACTS:
On May 24, 1983, 18-year-old Frank Cacioppo, Jr. was injured...
Branch v. Wal-Mart Stores - 12/26/2001
AFFIRMED.
Defendant, Wal-Mart Stores, Inc. ("Wal-Mart"), appeals from a judgment in a personal injury suit filed by plaintiff, Hope Branch ("Branch"), for injuries she received from falling merchandise. Branch appeals the amount...
Jacobs v. Louisiana Farm Bureau Insurance Companies - 12/19/2001
AFFIRMED.
Gremillion, J., concurs and assigns written reasons.
On July 11, 2000, Ms. Connie Jacobs filed suit against Mr. Terry Scott and his insurer, Southern Farm Bureau Casualty Insurance Company (Southern Farm). She did...
Brandao v. Wal-Mart Stores - 12/19/2001
Both parties have appealed portions of the jury's damage award in this "falling merchandise" case. Agreeing with plaintiffs that the jury's failure to award loss of consortium damages and all past medical expenses was error, we amend...
Herzog Contracting Corp. v. Oliver - 12/19/2001
As amended February 18, 2002.
HERZOG CONTRACTING CORPORATION PLAINTIFF-APPELLANT v. ROBERT V. OLIVER, ET AL DEFENDANTS-APPELLEES
Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial...
Dumas v. State - 12/19/2001
CARAWAY, J., dissents with reasons to follow.
This is a wrongful death case against the State of Louisiana as a result of an accident allegedly due to a defective road. The trial court struck the state's amended answer asserting...
White v. Fresenius Medical Care - 12/12/2001
AFFIRMED IN PART; REVERSED IN PART AND RENDERED.
The claimant alleges that she sustained neck and back injuries as the result of a work-related fall. The employer questions the timeliness of her claim for workers' compensation...
Cox v. Moore - 12/12/2001
REVERSED IN PART; AMENDED IN PART; OTHERWISE AFFIRMED.
The State of Louisiana, Department of Transportation and Development (DOTD) appeals a trial court judgment which found it 100% liable for an accident which occurred at an...
Meyers v. Fairfield Inn - 12/12/2001
AMENDED AND, AS AMENDED, AFFIRMED.
In this workers' compensation case, Victoria Meyers appeals a judgment of the Office of Workers' Compensation rendered in favor of Fairfield Inn (Fairfield) and its insurer, Zurich Insurance...
Bender v. Cron - 12/12/2001
AFFIRMED
In this personal injury action, plaintiff, Christopher C. Bender, appeals an adverse judgment by the trial court which found that he did not prove, by a preponderance of the evidence, that defendant, Darin Cron, was at...
Marco Sperandeo v. Sydran Food Services - 12/12/2001
AFFIRMED
In this workers' compensation case, claimant, Marco Sperandeo, appeals from a judgment granting the exception of prescription raised by defendant, Sydran Food Services II, L.P. ("Sydran"). For the following reasons, we...
Buford v. Cardinal Services - 12/12/2001
As amended January 17, 2002.
HEATH BUFORD v. CARDINAL SERVICES, INC. AND B. T. OPERATING CO.
APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 90,901, HONORABLE GERARD B. WATTIGNY, DISTRICT JUDGE ...
Benjamin v. Wal-Mart #75 - 12/12/2001
AMENDED AND, AS AMENDED, AFFIRMED.
In this workers' compensation case, Wal-Mart appeals a judgment of the Office of Workers' Compensation rendered in favor of Rhonda Benjamin for attorney fees. In the alternative, should this...
Wheelis v. CGU Insurance - 12/7/2001
In this personal injury action, the defendants, James C. Kent, Global Laboratories, LLC., and its liability insurer, CGU Insurance, appeal a trial court judgment in favor of the plaintiffs, William and Linda Wheelis, finding the...
Kennedy v. Brookshire Grocery Co. - 12/7/2001
Plaintiff, Evelyn Kennedy, appeals the trial court's judgment denying her workers' compensation claim on the basis of prescription. For the reasons cited herein, we affirm.
FACTS
Evelyn Kennedy ("Kennedy") was employed as a...
In re Watley - 12/7/2001
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter stems from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondents, Billy Gene Watley and Amy E. Watley, attorneys licensed to...
Hicks v. State - 12/7/2001
KOSTELKA, J., dissents with written reasons.
The defendant, State of Louisiana, Department of Transportation and Development ("DOTD"), appeals a judgment in favor of plaintiffs ("The Hicks") for damages resulting from an...
Tarbutton v. St. Paul Fire & Marine Insurance Co. - 12/5/2001
In this medical malpractice action, plaintiff, Willie Edna Tarbutton, has appealed from a judgment in favor of defendants, St. Paul Fire and Marine Insurance Co. and Dr. J.B. Duke McHugh, dismissing her claim for damages. Plaintiff...
Henderson v. Sellers - 12/5/2001
REVERSED AND REMANDED FOR TRIAL ON THE MERITS.
The trial court granted the defendant's, Samuel Sellers,' motion for summary judgment on the issue of his liability for the actions of his minor child against a third party in this...
Payne v. Lawn Lourd Lawn Service - 12/5/2001
This is an appeal from a judgment by the Workers' Compensation Judge ("WCJ") which found that Defendants, Lawn Lourd Lawn Services ("Lawn Lourd") and the Louisiana Workers' Compensation Corporation ("LWCC"), failed to provide adequate...
Williams v. Sheridan Construction Company - 9/28/2001
This is an appeal by James G. Williams (plaintiff), from a judgment of the Office of Workers' Compensation Administration, dismissing his claim for benefits; finding that plaintiff had willfully made false statements in order to obtain...
Reed v. Louisiana Department of Public Safety and Corrections - 9/28/2001
Velbert M. Reed, Sr. appeals a judgment sustaining an exception of improper venue and transferring his tort suit from the Twentieth Judicial District Court, Parish of West Feliciana, where his injuries allegedly occurred while he was...
Williams v. Wal-Mart Stores - 9/28/2001
This workers' compensation action is before us on appeal from a judgment in favor of claimant, Scott Williams, and against his em ployer, Wal-Mart Stores, Inc. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY ...
Holmes v. Lee - 9/28/2001
Gloria Holmes appeals a judgment dismissing her tort action against Van Lee d/b/a Lee's City Drugs as prescribed. For the following reasons, we reverse.
FACTS
According to Ms. Holmes' petition, on September 3, 1998, she...
Hayes v. Industrial Enterprises - 9/28/2001
This is an appeal from a decision by a workers' compensation judge that plaintiff, Talmadge Hayes, forfeited his entitlement to workers' compensation benefits pursuant to LSA-R.S. 23:1208. In accordance with this decision, the workers'...
Binkley v. Landry - 9/28/2001
Plaintiffs seek review of three summary judgments and one judgment maintaining an exception of no right of action rendered by the trial court dismissing plaintiffs' claims. We affirm.
FACTS AND PROCEDURAL HISTORY
This...
Lecompte v. Lafayette Insurance Co. - 9/28/2001
FITZSIMMONS, J., dissents and assigns reasons.
Lafayette Insurance Company, hereinafter, "Lafayette," appeals two partial summary judgments rendered against it in favor of the plaintiffs/appellees, Jana and Baron Lecompte, and...
Jonise v. Bologna Brothers - 9/28/2001
Fitzsimmons, J. concurs without reasons.
Downing, J. agrees in part, dissents in part and assigns reasons.
Plaintiff, Letell Menyoun Lee Jonise, widow of Derrick Dewayne Jonise, appeals a judgment granting an exception of...
Posey v. Singletary - 9/28/2001
From a jury verdict in their favor and the denial of their post-judgment motions, Pamela C. Posey and her husband, Michael D. Posey, appeal in this medical malpractice action. Plaintiffs contend that the damages are inadequate, that...
Methvin v. Ferguson - 9/26/2001
This appeal arises out of a personal injury suit following an automobile accident on Jewella Avenue in Shreveport. Plaintiff's, Pamela Plante Methvin, vehicle was rear-ended by a vehicle driven by Defendant, Alvin Ray Ferguson. Mrs....
Merrick v. Bredero Price Co. - 9/25/2001
AFFIRMED IN PART; REMANDED IN PART.
In this personal injury case, plaintiff, Alastair Merrick, appeals a summary judgment dismissing all of his claims against defendant, Bredero Price Company. We affirm in part and remand in...
McCarra v. Illinois Central Railroad Co. - 9/25/2001
AFFIRMED.
In this wrongful death action, after trial, the jury found that Illinois Central Railroad Company was negligent but that its negligence was not a cause of plaintiff's death. Tommy McCarra, the decedent's widow, appeals....
Romero v. Bellina - 9/25/2001
AFFIRMED
Diane Charlotte Romero and Huey Romero filed this medical malpractice action against Joseph H. Bellina, M.D., and Bonnabel Hospital. The Romeros (hereinafter Plaintiffs) reached a settlement with Bonnabel Hospital, and...
Bergeron v. Caston - 9/25/2001
AFFIRMED
In this personal injury action, the Plaintiff challenges the quantum of damages awarded in a judgment in her favor. Because we see no error in the trial court's award or judgment, the decision of the trial court is...
In re Lockhart - 9/21/2001
This matter arises from a petition for consent discipline filed by respondent, Tommie L. Lockhart, II, an attorney licensed to practice law in Louisiana but who is currently on interim suspension.
UNDERLYING FACTS ...
McCray v. Delta Industries - 9/21/2001
In this workers' compensation case, an employee appeals the dismissal of his claim against his employer for additional benefits. For the following reasons, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
Clifford McCray...
In re Collinsworth - 9/21/2001
This disciplinary matter stems from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John D. Collinsworth, an attorney licensed to practice law in Louisiana but who is currently...
Cleco Corp. v. Johnson - 9/18/2001
This court granted certiorari to determine whether a utility company has a cause of action, through subrogation, to recover for direct physical damages sustained by its customers to their electrical equipment caused by a power surge...
Bonnette v. Conoco - 9/12/2001
AFFIRMED.
THIBODEAUX, Judge.
The defendant, Conoco Inc., appeals a judgment in favor of the plaintiffs, Jimmy and Brenda Bonnette, et al., in this suit for damages arising from exposure to asbestos. The trial court found...
In re Mendy - 8/31/2001
This disciplinary proceeding arises from two counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Edward Bissau Mendy, an attorney licensed to practice law in the State of Louisiana. ...
Mitchell v. Brown Builders - 8/22/2001
The defendants, Brown Builders, Inc. (Brown) and its insurer, Travelers Property Casualty (Travelers), appeal from a decision by a workers' compensation judge (WCJ) finding that the plaintiff, John Mitchell, suffered neck as well as...
Johnson v. City of Bossier City - 8/22/2001
As amended August 23, 2001.
MARY ODESSA JOHNSON PLAINTIFF-APPELLANT v. CITY OF BOSSIER CITY, D/B/A BOSSIER MEDICAL CENTER DEFENDANT-APPELLEE
Appealed from the Twenty-Sixth Judicial District Court for the Parish of...
Patty v. Christus Health Northern Louisiana - 8/22/2001
We granted writs in this and another medical malpractice case (Collins v. Sisters of Charity of Incarnate Word, 34,897 (La. App. 2d Cir. 08/22/01), ___ So.2d ___), to review a legal issue common to both: whether the mailing of a...
Jeffery v. Bickham - 8/22/2001
Leland Jeffery ("Jeffery"), individually and on behalf of the estate of his deceased mother, Gladys Gwendolyn Birdwell Jeffery ("Mrs. Jeffery"), appeals the judgment of the First Judicial District Court granting summary judgment in...
Tedeton v. Simpson - 8/22/2001
As amended November 28, 2001.
NORRIS, C.J., concurs.
This appeal arises from a grant by the trial court of summary judgment on behalf of Defendant, Great American Insurance Company, the general liability insurance provider...
Campbell v. Hospital Service Dist. No. 1 Caldwell Parish - 8/22/2001
Dr. Henry Nguyen ("Dr. Nguyen") appeals the grant of summary judgment by the Thirty-Seventh Judicial District Court for Caldwell Parish in favor of Faye Campbell, Debbie Ann Campbell Watts, and Nelda Campbell Harmond ("appellees"), the...
Brooks Well Servicing - 8/22/2001
Appellants Brooks Well Servicing Inc. ("Brooks"), and National Union Fire Insurance of Pittsburgh, PA ("National") appeal the trial court's grant of Cudd Pressure Control and Sonat Exploration Company's exception of lis pendens. For...
Hughes v. Scottsdale Insurance Co. - 8/22/2001
The plaintiff, Melba Louise Allen Hughes Bamburg, filed suit after being injured in an automobile accident. The jury assessed her with fifty percent of the fault and awarded her general damages of $5,000 and special damages of $10,000,...
Buxton v. Sunland Construction - 8/22/2001
The plaintiff, Michael Buxton, appeals a decision by a workers' compensation judge (WCJ) denying his claim for workers' compensation benefits. The WCJ found that the plaintiff failed to prove a work-related accident or injury, citing...
Sims v. Sun Chemical Corp. - 8/22/2001
Terry C. Sims ("Sims") was granted penalties and attorney fees by the Workers' Compensation Judge ("WCJ") who determined that Sun Chemical Corp. ("Sun") and its insurer, Continental Casualty Co. ("Continental"), had failed to timely...
Jones v. Cobb - 8/22/2001
In this case, the trial court granted summary judgment dismissing plaintiffs' personal injury suit arising from an accident which occurred in a "sand lot" baseball game. A twelve-year-old swung a bat and struck an eight-year-old in the...
Wiley v. Sanders - 8/22/2001
This is an appeal from the grant of a motion for summary judgment. Claymon Wiley filed a petition seeking damages for the wrongful death of her nineteen-year-old son, Robert Wiley, who drowned in a pond located on Vernon Sanders'...
Oxner v. Montgomery - 8/1/2001
Maryland Casualty Company and Ohio Casualty Insurance Company applied to this court for supervisory review of a trial court ruling denying their motions for summary judgment on the issue of insurance coverage to the defendants, Leroy...
Poe v. PPG Industries - 3/28/2001
WRIT NO. 00-581
ULYSSES GENE THIBODEAUX JUDGE
Peters, J., concurs in the result.
AFFIRMED.
Jeff and Mary Poe, d/b/a Big Lake Guide Service versus PPG Industries, Inc., et al., and Clay Adams, et al. versus PPG...
Abadie v. Metropolitan Life Insurance Co. - 3/28/2001
REVERSED IN PART; AFFIRMED IN PART
In the early 1990's, over one thousand individual law suits were filed in the 24th Judicial District Court by plaintiffs who were exposed to asbestos over the previous decades. Numerous...
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