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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Lefort v. C & E Boat Rental - 3/28/2001
Carter, J., concurs.
C & E Boat Rental, Inc. (C&E; appeals a judgment the trial court rendered denying its motion for summary judgment and granting the motion for summary judgment filed by Chevron U.S.A. Inc. (Chevron)....
Woodward v. Lumbermens Mutual Casualty Co. - 3/28/2001
This is an appeal from a trial court judgment granting defendant's motion to dismiss plaintiff's suit on grounds of abandonment pursuant to LSA-C.C.P. art. 561.
FACTUAL AND PROCEDURAL HISTORY
Plaintiff, Billy C. Woodward,...
Richardson v. Home Depot USA - 3/28/2001
Weimer, J. concurs with reasons.
Foil, J. concurs in the result.
Marcie Richardson appeals the dismissal of her lawsuit against defendants, The Home Depot USA (Home Depot) and Madeline Joy Paul. The trial court dismissed...
Lassere v. State - 3/28/2001
Plaintiff, Gaspard Lassere, appeals from the trial court's judgment granting the motion for summary judgment of defendants, the State of Louisiana, Department of Health and Hospitals, Office of Public Health ("DHH"), and Dr. Darren...
Burse v. Allstate Insurance Co. - 3/28/2001
REVERSED
In this matter, Appellant Burse complains of a judgment in which the trial court denied her claim for damages, after a trial on the merits, having found that Burse did not prove the damages by a preponderance of the...
Mills v. Wilkerson - 3/26/2001
As amended April 9, 2001.
A.K. MILLS, JR. AND VIRGINIA MILLS PLAINTIFFS-APPELLANTS v. CHARLES LLOYD WILKERSON DEFENDANT-APPELLEE
Appealed from the Fifth Judicial District Court for the Parish of Richland, Louisiana Trial...
In re Callahan - 3/23/2001
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding involves numerous counts of misconduct arising from the filing of two sets of formal charges by the Office of Disciplinary Counsel ("ODC") against...
Castay v. Adm Growmark River Systems - 3/14/2001
AMENDED AND, AS AMENDED, AFFIRMED
On June 3, 1993, Robert Castay was injured while working at the ADM Growmark (ADM) facility in St. Charles Parish. Castay was employed as a welder with Quality Fab and Mechanical Co. (Quality...
Fournet v. Roule-Graham - 3/14/2001
CANNELLA, J., CONCURS.
AFFIRMED
This is a medical malpractice case brought by the Plaintiff, Alicia Fournet, against the Defendant and Appellant herein, Criss Roule-Graham, M.D. Ms. Fournet claims that Dr. Graham was...
Ardoin v. Mills - 3/8/2001
AFFIRMED.
AMY, Judge.
The plaintiff filed suit against his treating orthopedic surgeon and the radiologist who performed an arthrogram for diagnostic purposes. He alleged that the radiologist and the hospital at which the...
Cheney v. Coregis Insurance Co. - 2/28/2001
OSWALD A. DECUIR JUDGE
REVERSED AND REMANDED.
Plaintiff appeals a trial court judgment granting a motion for summary judgment in favor of defendants and dismissing his survival action. For the reasons that follow, we...
Johnson v. T. K. Stanley - 2/28/2001
HONORABLE BILLIE COLOMBARO WOODARD
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
This workers' compensation litigation arose from an accident which Mr. Leonard B. Johnson sustained while in the course and scope of his...
Piro v. Chandler - 2/28/2001
ON REHEARING
The plaintiff, Bernard Salvatore Piro, appealed the dismissal of his medical malpractice action against Bossier Medical Center ("BMC") after a jury concluded that BMC did not breach the standard of care in its...
Conner v. Palermo Construction Co. - 2/28/2001
HENRY L. YELVERTON JUDGE
AFFIRMED.
Roger Conner appeals a judgment rendered by the Office of Workers' Compensation on December 22, 1998. We affirm.
Conner sued Palermo Construction and its workers' compensation...
Rhodes v. Dolet Hills Mining Co. - 2/28/2001
AFFIRMED.
AMY, Judge.
The employer/health insurer filed a claim against the workers' compensation insurer for reimbursement of costs of medical treatment paid on behalf of the injured employee. The workers' compensation...
Froisy v. Salama - 2/28/2001
NED E. DOUCET, JR. CHIEF JUDGE
Peters, J., concurs and assigns written reasons.
AFFIRMED.
The Plaintiff, Alton Froisy, appeals the dismissal of his claim for damages arising out of medical malpractice and false...
Walters v. A-Way Tank Service - 12/29/2000
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
This case involves an indemnity and defense claim in the context of a suit for personal injury damages. The indemnitee now appeals an adverse summary judgment in favor of the...
Nestor v. State Farm Mutual Automobile Insurance Co. - 12/27/2000
VACATED IN PART; AFFIRMED IN PART; REMANDED.
In this personal injury matter, the trial court granted summary judgment in favor of one of the defendant-insurers, finding no coverage for the accident. The trial court also denied...
Short v. Plantation Management Corp. - 12/27/2000
Gonzales, J. concurs in part, dissents in part and assigns reasons as to the opinion penned by Fitzsimmons, J.; dissents and assigns reasons as to the opinion penned by Weimer, J.
Weimer, J. concurs with opinion written by...
Lyons v. Bechtel Corp. - 12/27/2000
REVERSED IN PART; AFFIRMED IN PART.
SAUNDERS, Judge.
The Appellant, James Lyons, brought suit against his employer, Bechtel, and and its insurer, AIU North American, Inc. (AIU), on October 27, 1998, seeking disability...
Dennis v. Finish Line - 12/22/2000
KUHN, J. dissents and will assign reasons.
CARTER, J. concurs in part and dissents in part for reasons assigned.
In these consolidated personal injury cases arising out of a two-car collision, the State of Louisiana,...
Greer v. Lammico - 12/22/2000
NORRIS, C.J., concurs in part and dissents in part.
The plaintiffs, Larry W. Greer, Frances Boudreaux, David Greer and Rachel Freeman, are the family of the decedent, Gretchen Greer. They appeal a civil jury verdict finding that...
Kelly v. Kelly - 12/22/2000
Parro, J., concurs.
The father appeals the judgment of the trial court ordering him to pay $162.00 a month in child support for the care of his two minor children, in addition to sums received by the children from the Social...
Clelland v. Haas - 12/22/2000
This is an appeal from a judgment dismissing plaintiff's medical malpractice action based on a jury's finding that defendant did not breach the standard of care in his discharge instructions, evaluation, diagnosis and treatment of...
Halle v. Our Lady of the Lake Hospital - 12/22/2000
Plaintiffs, Harold Halle and Rita Halle, appeal a trial court judgment dismissing their claim for damages. This court amends the judgment and affirms for the reasons expressed below.
In 1978, Harold Halle received blood...
Bennett v. Krupkin - 12/22/2000
Whipple, J. concurs
St. Paul Fire & Marine Insurance Company ("St. Paul") appeals a final partial summary judgment against it on the issue of coverage for a medical malpractice claim, filed after the "claims made" policy had...
Simmons v. Berry - 12/22/2000
Fitzsimmons, J. concurs without reasons
Foil, J., concurs in the result
Gonzales, J. concurs in the result
This matter comes before us on remand from the Louisiana Supreme Court. In Simmons v. Berry, 99-3608 (La....
Industrial Indemnity Co. of the Northwest v. Central National Insurance Co. of Omaha - 12/22/2000
Judge Alan J. Green of the Twenty-Fourth Judicial District Court serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This appeal challenges the grant of a summary judgment on the issue of insurance...
Stokes v. Stewart - 12/22/2000
Gonzales, J. dissents in part and assigns reasons.
In this personal injury suit, appellants, Tommy Perkins, Jr. and Safeway Insurance Company (Safeway), appeal the trial court's judgment in favor of appellees, Richard L. Stokes...
Batson v. South Louisiana Medical Center - 12/22/2000
This case is before us on remand from the Louisiana Supreme Court with instructions to this court to review damages awarded under the $500,000.00 cap for each of the multiple injuries sustained by plaintiff, Deborah Batson, while...
Stroder v. Horowitz - 12/20/2000
As amended January 5, 2001. There is no change in the judgment.
GASKINS, J., concurring in part and dissenting in part.
This appeal arises from the granting of a motion for summary judgment in favor of Defendants, Dr. Marc...
State v. Schleve - 12/20/2000
Pettigrew, J. Concurs
Defendant, Royd Schleve, was charged by bill of information with two counts of simple burglary, violations of La. R.S. 14:62. Following a jury trial, he was found guilty of attempted simple burglary on count...
Harper v. Falrig Offshore - 12/20/2000
Mr. Randy Harper worked on a Falrig Offshore, Inc.'s (Falrig) jack-up rig (Falrig 19) more than three miles off Louisiana's coast. On the morning of November 7, 1996, his supervisor ordered him to install a rain shield over the crew's...
Boyd v. St. Paul Fire & Marine Insurance Co. - 12/20/2000
WRIT DENIED
Charles and Rebecca Boyd, individually and on behalf of their minor child, instituted this action initially asserting that Dr. Roy L. Sasser, Jr. "committed various acts of malpractice resulting in severe damage and...
Doerr v. Mobil Oil Corp. - 12/19/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD
This class action lawsuit arises out of a discharge of hydrocarbons from a Mobil Oil refinery in Chalmette, Louisiana into the Mississippi River...
Hinson v. Glen Oak Retirement Home - 12/15/2000
Francis Hinson and Beverly Martin (hereinafter the "plaintiffs"), individually and on behalf of their mother, Lucille Irene Reagan, filed a medical malpractice action against The Glen Oak Retirement Home ("Glen Oak") and Dr. Alan J....
Kottle v. Provident Life And Accident Insurance Co. - 12/15/2000
This dispute involves a claim by a physician for disability insurance benefits resulting from a mental condition which prevented the physician's work as a nephrologist. The insurer disputes the trial court's view under the terms of the...
Estate of Adams v. Home Health Care of Louisiana - 12/15/2000
In this medical malpractice action, defendant Home Health Care of Louisiana (HH) moved for summary judgment on the issue of causation and damages. For purposes of the motion, HH admitted its negligence in failing to properly care for...
Patterson v. Martin Forest Products - 12/15/2000
PEATROSS, J., dissents with written reasons.
Following the trial court's denial of its motion for summary judgment, defendant, Pennsylvania Lumbermens Mutual Insurance Company, filed an application for supervisory writs which was...
Gallagher v. Cook - 12/15/2000
NORRIS, C.J., concurs with written reasons.
Plaintiff appeals a judgment of dismissal of his suit for abandonment, claiming that the defendants' participation in negotiations for mediation of the suit constituted a "step" in the...
In re Naquin - 12/15/2000
This disciplinary matter arises from a petition for consent discipline filed by respondent, Lester J. Naquin, III, following the institution of formal charges by the Office of Disciplinary Counsel ("ODC"). The ODC concurred in...
Hall v. Zen-Noh Grain Corp. - 12/13/2000
AFFIRMED AND REMANDED.
Class action Defendant and third-party Plaintiff, Zen-Noh Grain Corporation (Zen-Noh), appeals from a judgment granting the peremptory exception of no cause of action to third-party Defendants, IMC-Agrico...
Schulingkamp v. Ochsner Clinic - 12/13/2000
APPEAL DISMISSED; EXCEPTIONS NOT CONSIDERED
Plaintiffs brought this action in 1989 for wrongful death and unauthorized organ harvesting on the body of Donald J. Schulingkamp, Jr. Several defendants were named in the suit...
Grieff v. Parish of Jefferson - 12/13/2000
AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART
This is a personal injury lawsuit, directed by plaintiff, William Grieff, a former employee of the Jefferson Parish Sheriff's Office, against Sheriff Harry Lee and the Parish...
LeBlanc v. Breaux - 12/13/2000
AFFIRMED.
Defendants, the Estate of Essie P. Breaux and First Financial Insurance Company (First Financial), appeal from a judgment in a case of the wrongful death of a child by fire, filed by Plaintiffs, Ronald LeBlanc, Sr. and...
Hoffman v. East Jefferson General Hospital - 12/13/2000
AMENDED AND AS AMENDED, AFFIRMED
This is a medical malpractice action in which judgment was rendered in favor of the plaintiff after a trial on the merits. The judgment also awarded plaintiff a total of $395,000 in damages....
Tranchant v. Environmental Monitoring Service - 12/13/2000
AFFIRMED.
Plaintiff, Rianna Tranchant, appeals a judgment in a workers' compensation case filed against Defendant, Environmental Monitoring Service (EMS). We affirm.
Plaintiff was employed by EMS as a fugitive emissions...
Quinn v. Wal-Mart Stores - 12/6/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
Wal-Mart challenges a jury award of damages to a shopper who was injured by a falling television. For the reasons expressed, we amend and...
Jeter v. Shamblin - 12/6/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
BROWN, J., concurs. Like Crier, supra, this case does not involve an insidious disease that does not develop until many years after the...
McElwee v. City of Bossier City - 12/6/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
The employer, City of Bossier City, appeals a judgment awarding workers' compensation indemnity benefits to the claimant, Joyce McElwee, on...
Yates v. Bailey - 12/6/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
This personal injury lawsuit was filed on August 10, 1994. The last action taken by any party in the prosecution of the suit consisted of...
Wolcott v. Trailways Lines - 12/6/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Plaintiffs, Holton J. Wolcott, Jr., John F. Wolcott, George M. Wolcott, Janet Wolcott Dickerson and Joan Wolcott Lane, appeal from this...
Brunet v. Avondale Industries - 12/5/2000
McMANUS, J., DISSENTS WITH REASONS:
MOTION TO DISMISS PLAINTIFFS' APPEAL AS TO AVONDALE EXECUTIVE OFFICERS GRANTED; JUDGMENT AFFIRMED
Plaintiffs/appellants, June R. Brunet, Sheila Fernandez, Sandilyn Brunet, and Paula...
Jenkins v. Mangano Corp. - 11/28/2000
We granted this writ to resolve the issue of whether the parent of a tort victim has a right of action to recover in a wrongful death action when the tort victim is survived by an informally acknowledged adult illegitimate child and...
Benoit v. Allstate Insurance Co. - 11/28/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON
La. Code Civ. Proc. art. 1732(1) specifies a minimum monetary threshold for the availability of a jury trial. Prior to 1989, the statutory standard...
Griffin v. KMart Corp. - 11/28/2000
AMENDED AND AFFIRMED.
This is a personal injury suit in which plaintiffs sought recovery from Kmart Corporation for actions of one of its employees. All parties have appealed from a judgment that found Kmart liable and awarded...
Shaw v. Arc of St. Charles - 11/28/2000
AFFIRMED
Claimant, David Shaw, appeals the judgment of the trial court dismissing his claim for workers' compensation benefits. For the reasons set forth herein, we affirm.
On December 18, 1997, David Shaw was employed by...
Bussell v. West Calcasieu Cameron Hospital - 11/28/2000
In June 1995, plaintiff, Steven R. Bussell, along with other employees of the Citgo Refinery, was referred by his employer to the West Calcasieu Cameron Hospital to be tested for carpal tunnel syndrome. One test, a nerve sensation...
In re Kleinpeter - 11/28/2000
This matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John Burt Kleinpeter, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS ...
Johnson v. Allstate Insurance Co. - 11/15/2000
AFFIRMED.
This is a personal injury suit arising out of a traffic accident, in which one of the defendant insurers appeals the trial court's finding that it provided coverage for this accident. We affirm, as set forth below. ...
Tippett v. Padre Refining Co. - 11/15/2000
BROWN, J., dissents with reasons.
Plaintiffs, alleging personal injury and property damage as the result of an oil spill by an oil refinery operated by Padre Refining Company, appeal the grant of summary judgment to Padre's...
White v. General Motors Corporation - 11/3/2000
In this appeal, General Motors Corporation (GMC) challenges a trial court order requiring implementation of a class action settlement in a manner not set forth in the settlement agreement. GMC contends the trial court order makes...
Y'Barbo v. Diamond - 11/3/2000
Disposition: AFFIRMED.
This appeal addresses whether a rental dwelling policy provides liability coverage to the named insured defendants for injuries allegedly arising out of their use of a residence as lessees. The trial court...
Eichelberger v. Sidney - 11/3/2000
CARAWAY, J., dissents with written reasons.
This action arose out of a physical altercation between co- employees of Defendant National Hair Care Center, Inc. ("National") which resulted in personal injury to Plaintiff, Patsy...
Gaston v. Bobby Johnson Equipment Co. - 11/3/2000
The plaintiff, Lawrence Gaston, filed suit against the defendant, Bobby Johnson Equipment, Inc. ("Johnson"), seeking the rescission of a sale, alleging that the truck engine sold to him by the defendant had a redhibitory defect. The...
Adams v. Ochsner Clinic of Baton Rouge - 11/3/2000
In this appeal, Hannah Jo and Sam Adams, Jr. challenge a trial court judgment dismissing their medical malpractice claim against Dr. Mark D. Hannis and Ochsner Clinic of Baton Rouge (Ochsner Clinic) based on an exception of...
Verhalen v. Forum Health Management - 11/3/2000
Toyia Alexander Verhalen ("Verhalen"), individually and as natural tutrix of her minor children, appeals the trial court's judgment granting an exception of no cause of action filed by The Medical Protective Company of Fort Wayne,...
Fusiler v. Rivet - 11/2/2000
AFFIRMED.
YELVERTON, J.
Brenda and Earl Fusiler appeal a summary judgment which dismissed their medical malpractice claim against the Louisiana Patient's Compensation Fund (PCF). For the following reasons, we affirm. ...
Hatcherson v. Diebold - 11/2/2000
AFFIRMED.
THIBODEAUX, Judge.
The defendant-appellant, Diebold, Inc., appeals the judgment of the Office of Workers' Compensation Administration in favor of plaintiff-appellee, Balladette Hatcherson. Mrs. Hatcherson's...
Dennis v. CMH Manufacturing - 11/2/2000
AFFIRMED IN PART, REVERSED IN PART.
PICKETT, Judge.
This case is on remand from the Louisiana Supreme Court for briefing, argument, and opinion. The trial court denied a dilatory exception brought by the Defendants on...
Ceasar v. Barry - 11/2/2000
GREMILLION, J., DISSENTS WITH WRITTEN REASONS.
SULLIVAN, J., DISSENTS FOR REASONS ASSIGNED BY GREMILLION, J.
AFFIRMED.
DECUIR, Judge.
This appeal raises the question of whether actual receipt of $100,000 is...
Lewis v. Spence - 11/2/2000
AFFIRMED.
AMY, Judge.
Plaintiff's suit was involuntarily dismissed for failure to request service of process upon the defendant within ninety days of filing the petition. The plaintiff appealed. For the following reasons,...
Allstate Insurance Co. v. Ford Motor Company - 11/2/2000
AFFIRMED.
Woodard, J., concurs in the result.
AMY, Judge.
Plaintiff filed suit seeking reimbursement from the defendant for the amount of a claim paid to an insured after the insured's pick-up truck caught fire and...
Wyble v. Tunica Biloxi Gaming Economic Development - 11/2/2000
AFFIRMED AS AMENDED.
PICKETT, Judge.
Kenneth J. Wyble was formerly employed by the defendant -appellant, Tunica Biloxi Gaming Economic Development at the Grand Casino - Avoyelles as a blackjack dealer. During the course and...
Fontenot v. Laperouse - 11/2/2000
AFFIRMED.
Woodard, J., dissents in part, finding that Claudia is entitled to an award for loss of earning capacity and assigns written reasons.
Amy, J., dissents in part and assigns reasons.
WOODARD, Judge.
Ms....
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