Louisiana Injury Lawyer Blog

St. Landry Parish Louisiana Jury Awards Over $15,000,000 to Burn Injury Victims

Sat, 24 Jul 2010 12:33:58 -0600

Baton Rouge, Louisiana trial attorneys, Randy Piedrahita and Kirk Guidry, of the Louisiana personal injury law firm, Due', Price, Guidry, Piedrahita and Andrews, obtained a jury verdict in St. Landry Parish, Louisiana, in excess of $15,000,000. Multiple members of the same family were burned when their house exploded due to fugitive natural gas that was negligently released into their rent house. The gas utility, CenterPoint Energy, had turned off their natural gas at the meter due to non-payment of their gas bill. After several weeks, a family member broke the plastic lock placed on the meter by CenterPoint with a household wrench, forgetting that he had left an open gas line in the house after removing a gas appliance. Plaintiff Attorney Randy Piedrahita presented evidence to the jury that the plastic lock did not meet industry standards and that a metal lock, as used by many competitors, should have been in place to prevent consumers from turning on their own gas, so as to prevent foreseeable explosions. CenterPoint alleged that in addition to the plastic lock, that it installed a metal blind plate inside the meter to prevent the flow of gas, and that the blind plate must have been removed by the consumer. After deliberating for several hours, the St. Landry Parish jury disagreed, finding CenterPoint Energy 50% at fault for the accident and resulting burn injuries.

Lincoln Parish Louisiana Car Wreck on I-20 Claims Life of Florida Man

Sat, 24 Jul 2010 12:28:04 -0600

Louisiana State Police Troop F Troopers investigated the twenty-third fatal car wreck of 2010 on July 23, 2010, in Lincoln Parish, Louisiana. A Florida man was killed and several others injured when a 2002 Chevrolet Suburban traveling on I-20 swerved right and struck a 2002 GMC truck traveling in the adjacent lane. The injured persons were transported to Lincoln General Hospital for medical treatment.

St. Martin Parish Louisiana Car Crash Claims 36th Life in Louisiana State Police Troop I

Sat, 10 Jul 2010 10:10:47 -0600

Louisiana State Police Troop I investigated its 36th fatal car crash on July 9, 2010 on Louisiana Highway 347 in St. Martin Parish, Louisiana. A Loreauville, Louisiana man who was not wearing his seat belt lost his life when he failed to negotiate a curve and ran his 1996 Pontiac Grand Am into a ditch, striking a culvert.

Donald Price to Present Webinar for LAFJ: "Gulf Oil Disaster: Claims for Economic Damages Under the Oil Pollution Act and General Maritime Law"

Wed, 07 Jul 2010 07:39:43 -0600

Louisiana Association for Justice President Donald W. Price of the Baton Rouge, Louisiana admiralty and maritime law firm of Due', Price, Guidry, Piedrahita & Andrews will present a webinar entitled Gulf Oil Disaster: Claims for Economic Damages Under the Oil Pollution Act and General Maritime Law for LAFJ on July 8, 2010 at 2:00 p.m. CST.

Donald Price will discuss the bases for economic loss claims arising out of the Deepwater Horizon drilling rig disaster under the Oil Pollution Act of 1990 and general maritime law. Discussion will include the basis for liability, potential defenses to liability and the unique procedural aspects of making federal law claims.

Louisiana Personal Injury Law: Conspiracy of Silence

Mon, 05 Jul 2010 14:40:01 -0600

Courts have recognized the potential for a "conspiracy of silence," whereby local doctors would refuse to find one another at fault in medical negligence cases, and the adverse effects this would have on patients. To offset this danger in Louisiana, the specialist's duty is governed by a national standard of care. As such, a specialist is held to a higher standard of care because he has held himself out as having expertise in that specialty. See La. R.S. 9:2794; Ogletree v. Willis-Knighton Memorial Hospital, Inc., 530 So. 2d 1175, 1180 (La. App. 2nd Cir.), writ denied, 532 So.2d 133 (La.1988), citing Ardoin v. Hartford Accident and Indemnity Co., 360 So.2d 1331, 1335 (La. 1978); and Bryant v. St. Paul Fire and Marine, 382 So.2d 234, 237 (La.App. 3d Cir. 1980), citing Ardoin v. Hartford Accident and Indemnity Co., 360 So.2d 1331, 1335 (La. 1978).

Louisiana Soldier Killed in Ford Rollover Accident in Natchitoches

Fri, 02 Jul 2010 14:49:37 -0600

A 19 year old active duty soldier was killed in a single vehicle car crash in Natchitoches Parish, Louisiana on July 2, 2010, when his 1994 Ford Explorer ran off the right side of Louisiana Highway 120 in a curve. As the driver attempted to reenter the highway, he over-corrected and his Ford Explorer began to rotate to the left and then rolled over. The driver was not wearing his seat belt.

Louisiana State Troopers in Troop E have investigated 32 fatal car crashes this year, resulting in 37 fatalities

Louisiana Personal Injury Law: Loss of a Chance of Survival

Fri, 02 Jul 2010 14:36:13 -0600

The plaintiff in a medical negligence case is not required to show that she would have obtained a perfect outcome in the absence of medical treatment that fell below the accepted standard of care. Rather, the plaintiff may recover on a showing that the physician's unacceptable care denied the plaintiff a chance of a good outcome. Graham v. Willis-Knighton Medical Center, 27,338 (La.App. 2 Cir. 9/29/95), 662 So.2d 161.

If a defendant physician, by action or inaction, has substantially increased the chances of a patient developing complications and damages, then such conduct by the defendant physician is considered to be a cause of the patient's damages. Hastings v. Baton Rouge General Hospital, 498 So.2d 713, 720-21 (La.1986).

Louisiana Personal Injury Law: Intervening or Superceding Cause

Wed, 30 Jun 2010 14:32:45 -0600

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).

Louisiana Personal Injury Law: Loss of Consortium

Mon, 28 Jun 2010 14:29:06 -0600

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).

Louisiana Personal Injury Law: Loss of Enjoyment of Life

Thu, 24 Jun 2010 14:25:11 -0600

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.

Louisiana Personal Injury Law: Collateral Source

Mon, 21 Jun 2010 14:21:34 -0600

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.

Ex Parte Communications with Treating Physicians is Not Allowed and that Giving Opinions Without Reviewing Medical Records May Constitute Medical Malpractice.

Fri, 18 Jun 2010 13:53:04 -0600

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.

Louisiana Rear-End Collision Causes Spine Surgery and Results in $800,000 Settlement

Fri, 11 Jun 2010 13:23:05 -0600

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.

Louisiana Offshore Worker Rendered Paraplegic: $15 Million Settlement

Tue, 08 Jun 2010 13:08:15 -0600

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.

Ascension Parish Louisiana Car Crash Results in Death of Montgomery, Louisiana Woman

Sat, 05 Jun 2010 11:32:25 -0600

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.