Louisiana Injury Lawyer Blog

The burden of proving a superseding or intervening cause rests with the defendant and conjecture and possibility that another incident was involved as a causative factor of the injuries sustained is insufficient to prove an intervening cause; defendants must prove such intervening cause by a preponderance of the evidence. Lancon v. State Farm Mut. Ins. Co., 94-256 (La.App. 3 Cir.10/5/94), 645 So.2d 692, 696-97), writ denied, 95-0153 (La.3/17/95), 651 So.2d 272; and Turner v. Nationwide Ins. Co., 503 So.2d 734, 736-37 (La.App. 3d Cir. 1987).

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Loss of consortium is the term which the law uses to describe the loss of love, companionship, comfort and services which a family member might have provided if she had not been injured. You may consider the following factors in making this determination: loss of love and affection, loss of companionship and moral support, plaintiff's decreased ability to perform household services, decreased aid and assistance from plaintiff in the family unit, and a loss of felicity or overall contentment and happiness. Ferrell v. Fireman's Fund Ins. Co., 696 So.2d 569, 572 (La.1997).

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Louisiana law specifically recognizes the right of an injured victim to recover damages for past and future loss or impairment of the enjoyment of life, separate from and in addition to the right to recover damages for past and future physical pain and suffering and past and future mental anguish.

Pain and suffering, both physical and mental, refers to the pain, discomfort, inconvenience, anguish, and emotional trauma that accompanies an injury. Loss of enjoyment of life, in comparison, refers to detrimental alterations of the person's life or lifestyle or the person's inability to participate in the activities or pleasures of life. In contrast to pain and suffering, whether or not a plaintiff experiences a detrimental lifestyle change depends on both the nature and severity of the injury and the lifestyle of the plaintiff. McGee v. AC And S, Inc., 2005-1036 (La. 7/10/06), 933 So.2d 770, 775.

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Under Louisiana law, the tortfeasor may not benefit, and an injured plaintiff's tort recovery may not be diminished, because of benefits received by the plaintiff from sources independent of the tortfeasor's procuration or contribution. The purpose of this rule is to deter unreasonably dangerous conduct by making wrongdoers responsible for the full extent of the damage they cause. Bozeman v. State, 03-1016 (La. 7/2/04), 879 So.2d 692, 700.

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The Louisiana Supreme Court rendered the per curiam decision of Acara v. Banks, 10-0741 (La.6/18/10). The plaintiff, Ms. Acara, filed a medical malpractice claim against Dr. Bradley Banks after Dr. Banks allegedly gave an opinion in an earlier personal injury suit filed by Ms. Acara as to her medical condition without reviewing her medical records. Ms. Acara also complained that Dr. Banks gave a deposition in the earlier personal injury suit without her consent. The district court denied Dr. Banks's motion for summary judgment and the appellate court denied supervisory relief. The Louisiana Supreme Court reversed the ruling as regards the deposition, finding that plaintiff partially waived the physician-patient privilege when she filed her personal injury suit. The Supreme Court held that the privilege was waived only as to testimony at trial or to a discovery method authorized by the Louisiana Code of Civil Procedure, such as a deposition. While the Supreme Court did not specifically discuss ex parte communications with treating physicians, the ruling has the effect of prohibiting such unauthorized communications since ex parte communications are not an authorized discovery method as evidenced by Louisiana Code of Civil Procedure article 1465.1's prohibition of verbal communication between defense counsel and a treating physician.

The Louisiana Supreme Court affirmed the district court's denial of summary judgment on the issue of giving opinions without reviewing plaintiff's medical records, finding that genuine issues of material fact existed as to whether the standard of care was violated.

Randy Piedrahita of the Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews completed an $800,000 settlement for a 51 year old man involved in a rear-end collision and who suffered aggravation of a pre-existing spine condition. As a result of the car wreck, plaintiff underwent spinal surgery on disks that had been symptomatic for years but worsened by the wreck. Plaintiff was disabled from work for one year and potentially faced forced early medical retirement due to the surgery. Plaintiff incurred $213,000 in medical bills. The defendants contested causation of injuries, especially whether several previous accidents necessitated the surgery.

Recently, Kirk Guidry and Randy Piedrahita of the Baton Rouge, Louisiana maritime law firm of Due', Price, Guidry, Piedrahita & Andrews, obtained one of the largest (if not the largest) settlements for a paraplegic in Louisiana history. In Wooley v. Longnecker, No. 106577E, 17th JDC, Parish of Lafourche, Mr. Wooley was injured when a load shifted on an offshore debris barge, crushing his spine at his midsection. Suit was filed against the numerous corporations in charge of the offshore project, who blamed each other and Mr. Wooley for his injuries. Shortly before trial, Kirk and Randy negotiated a $15,000,000.00 settlement for Mr. Wooley, a substantial amount for an injury of this tragic nature.

A three car crash in Ascension Parish, Louisiana on I-10 east of U.S. Highway 61 occurred on June 4, 2010. The car wreck occurred when a Metairie, Louisiana driver operating a 2006 Acura west on I-10 crossed the median and struck a 2007 Ford van and pushed it into a 2010 Dodge Avenger. The driver (from Colfax, Louisiana) and passengers (from Montgomery, Louisiana) in the Van were treated at St. Elizabeth Hospital in Gonzales, Louisiana for the injuries, with one passenger being pronounced dead at the hospital.

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Louisiana State Police Troopers have investigated 15 fatal crashes resulting in 15 deaths in Troop F in 2010. The most recent involved an unrestrained 16 year old girl from Columbia who died on June 3, 2010 in a one vehicle crash in Ouachita Parish, Louisiana. The young girl was operating a Chevrolet Truck southbound on Louisiana Highway 557, and apparently failed to negotiate a left hand curve. The Chevrolet truck ran off the road and slid sideways into a tree.

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On the morning of June 3, 2010, a 2008 Peterbilt 18 wheeler ran off I-55 and hit a tree, causing the big rig to jack-knife and catch on fire. The 29 year old driver was pronounced dead at the scene of the accident.

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Louisiana State Troopers have investigated 4 fatal ATV crashes in Troop A in the past year. The most recent occurred on June 2, 2010, when a young man riding a Yamaha ATV on the Mississippi River Levee around Geismar, Louisiana, entered Louisiana Highway 75 and hit the driver's side of a 2003 Ford Expedition traveling in the opposite direction. The young man, who was not wearing a helmet at the time of the accident, later died at Our Lady of the Lake Regional Medical Center from his accident related injuries.

According to a Louisiana State Police press release regarding this accident, "Troopers would like to stress the importance of wearing proper safety equipment while riding ATV's. In addition, it is very important that ATV operators are properly trained, comfortable, and on the appropriate size ATV before riding alone. Taking the necessary precautions could mean the difference between life and death."

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Louisiana State Troopers have investigated 29 fatal crashes involving 34 deaths in Troop E this year. The most recent claimed the life of Center Point, Louisiana woman, when she lost control of her Chevrolet truck and left Spring Bayou Road in Avoyelles Parish, Louisiana and struck a tree. She was not wearing her seat belt.

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On the evening of March 31, 2010, a distracted Louisiana truck driver allegedly caused a nine vehicle accident on Interstate 57 in Illinois, when the 18 wheeler he was operating rear-ended a vehicle in a construction zone. The Louisiana truck driver was allegedly looking down at a map when he encountered the slow moving traffic. Three people were killed when their SUV caught on fire. Thirteen people were hospitalized.

According to the United State Department of Transportation, there are three primary types of distracted driving: 1) visual or taking your eyes off the road; 2) manual or taking you hands of the wheel; and 3) cognitive or taking your mind off what you are doing. Examples of activities that distract drivers include texting, grooming, talking to passengers, eating and drinking, reading (including maps), watching electronic devices, using a cell phone and changing the radio station or other music player.

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