Louisiana Injury Lawyer Blog

For the sixth straight year, Baton Rouge, Louisiana personal injury lawyer, Paul H. Due' of Due', Price, Guidry, Piedrahita & Andrews has been rated by Louisiana Super Lawyers. "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Super Lawyers magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers."

Baton Rouge, Louisiana personal injury lawyer Donald W. Price has been rated by Louisiana Super Lawyers 2012 in the practice area of Personal Injury Plaintiff. Donald Price has been rated by Louisiana Super Lawyers every year since its inception in 2007. "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations."

Baton Rouge, Louisiana personal injury lawyer, B. Scott Andrews, of Due', Price, Guidry, Piedrahita & Andrews has been recognized by Louisiana Super Lawyers 2012 in the practice area of Personal Injury-Plaintiff. "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations."

Donald W. Price of the Baton Rouge, Louisiana personal injury and medical malpractice law firm of Dué, Price, Guidry, Piedrahita & Andrews has been selected for inclusion in Best Lawyers in America for 2012. Price has been recognized in two categories: Personal Injury Litigation and Medical Malpractice Litigation. Price was also selected by Best Lawyers as the Medical Malpractice 2012 Lawyer of the Year for Baton Rouge, Louisiana.

After teaching Product Liability during the Spring 2011 semester at the Southern University Law Center (SULC), Baton Rouge, Louisiana personal injury and accident attorney, Scott Andrews, will be teaching Insurance Law at the Southern University Law Center during the Fall 2011 semester.

Scott Andrews is a 1996 Order of the Coif honors graduate of the LSU Paul M. Hebert Law Center, where he served on the Louisiana Law Review.

Past-President of the Louisiana Association for Justice, Donald W. Price, has been selected to represent the Louisiana Association for Justice on the Board of Governors of the American Association for Justice (AAJ). The Board of Governors is the governing body of the AAJ, which promotes a fair and effective justice system for persons injured through the fault of others.

Donald W. Price is an experienced trial attorney with the Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews.

In a case arising from a fire at an oil well site which left a worker severely burned, a deeply divided Louisiana Supreme Court held in a 4-3 decision that a timely filed lawsuit against a worker's statutory employer who is immune from tort liability and who had not paid any benefits (because benefits were paid by the direct employer) can interrupt prescription against an alleged third-party tortfeasor because of the solidary liability that exists between them for medical expenses and lost wages. Glasgow v. PAR Minerals Corporation, 2010-2011 (La. 5/10/11), rehearing denied, (La.7/14/11). The Supreme Court concluded:

The Civil Code provides a two-part formula for interrupting prescription in this situation: 1) a timely lawsuit (and service, if in an incompetent court; see LSA-C.C. art. 3462); and 2) a solidary relationship between a party sued within the prescriptive period and a party not sued within the prescriptive period (see LSA-C.C. art. 1799 or art. 3503). The procedural posture here is comparable to that in Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1183 (La. 1993), except that in Williams, the suit in district court was for workers' compensation and the suit was brought against a direct employer rather than a statutory employer. The procedural distinctions here are without a difference, because LSA-C.C. art. 1797 provides that the source of the solidary relationship is immaterial. For this reason, to the extent Keller v. McLeod, 2003-267 (La.App. 3 Cir. 2/11/04), 866 So.2d 388; Williams v. Holiday Inn Worldwide, 2002-0762 (La.App. 4 Cir. 5/15/02), 816 So.2d 998; and Layman v. City of New Orleans, 1998-0705 (La.App. 4 Cir. 12/9/98), 753 So.2d 254, are inconsistent with the conclusion that a timely lawsuit (and service, if in an incompetent court) against a principal or statutory employer interrupts prescription as to a third-party alleged tortfeasor, those cases are overruled. In the instant case, we find both parts of the formula provided by the Civil Code for interrupting prescription have been met; the lower courts erred in sustaining the alleged third party tortfeasor's exception of prescription. Accordingly, we reverse the decisions of both lower courts and remand this matter to the district court for further proceedings consistent with this opinion.

In Whitley v. State of Louisiana, through the Board of Supervisors of Louisiana State University Agricultural Mechanical College, 2011-0040 (La. 7/1/11) and Burnett v. James Construction Group, 2010-2608 (La. 7/1/11), the Louisiana Supreme Court preserved a tort victim's rightful day in court. According to Baton Rouge, Louisiana personal injury and accident lawyer, Scott Andrews, the Louisiana Legislature at the urging of attorneys for the State has created numerous procedural traps for the unwary in an attempt to deprive personal injury victims of their day in court through deception and trickery. Once such trap is the requirement that suits are to be dismissed without prejudice if service of process is not requested within 90 days of filing. If a suit is dismissed for insufficiency of service of process after the prescriptive period has run, the suit is forever time barred. A companion trap is that service of process of lawsuits against the State of Louisiana and its agencies must be made on the Governor, the head of the state agency being sued, the Attorney General, AND on the director of the office of risk management. This duplicative service requirement serves no legitimate purpose other than to try and deprive a victim of their day in court upon failure to request service of process on any one of the four required persons, thus leading to dismissal. As would be expected, the State of Louisiana in both cases tried to dismiss a lawsuit that was served on less than all four of the required persons. The Supreme Court held that dismissal was not warranted and that the plaintiff was allowed additional time beyond the 90 day requirement to correct the insufficiency of service of process.

Retired Louisiana First Circuit Court of Appeal Judge, Bob Downing, now of counsel with the Baton Rouge, Louisiana law firm of Due', Price, Guidry, Piedrahita & Andrews, has joined the panel of neutrals of MAPS - Mediation Arbitration Professional Systems, Inc. - with offices in Baton Rouge, New Orleans, and Jackson, Mississippi. Created in 1987, MAPS provides mediators and arbitrators for alternative dispute resolution.

On June 27, 2011, the United States Supreme Court in Philip Morris v. Jackson, 10-735, denied a request from Big Tobacco to overturn a 2004 Louisiana judgment totaling $270 million to fund a ten-year smoking cessation program that will include medications, telephone quit lines, health intervention systems, and intensive cessation programs for Louisiana residents within the defined class. The Louisiana jury found that cigarette makers hid the health risks of smoking and committed fraud. Big Tobacco argued that the Louisiana judgment violated the due process clause of the United Constitution because it does not require proof of individualized reliance on the misrepresentations by Big Tobacco.

Baton Rouge, Louisiana injury attorney, Scott Andrews, with the law office of Due', Price, Guidry, Piedrahita & Andrews, served on the Trial Team in the Scott v. American Tobacco Co., Inc. litigation. In 2004, a New Orleans, Louisiana jury awarded $591 million. The amount was reduced on appeal to $242 million. Together with post-judgment interest, the total award is approximately $270 million. The judgment in the lawsuit first filed in 1996 is now final. Scott Andrews hopes that every Louisiana smoker within the class finally gets the help and assistance they need to combat their tobacco addiction.

Starting June 1, 2011, the Louisiana State Police headquarters in Baton Rouge will no longer accept mail-in or walk-in requests for automobile accident reports. The Uniform Motor Vehicle Traffic Crash Reports will only be available on-line at the Louisiana State Police website.

Each accident report will cost $8.50.

Continue reading "Louisiana State Police Automobile Accident Reports Available On-Line" »

Baton Rouge, Louisiana motorcycle accident lawyer, Scott Andrews, urges motorcycle riders to take a Louisiana State Police Motorcycle Safety and Awareness Course. The Louisiana State Police offers both a Basic Motorcycle Rider Course for inexperienced motorcycle operators and an Advanced Rider Course.

After the third fatal motorcycle crash in less than a week just in Troop L, the Louisiana State Police issued a news release on May 22, 2011, reminding all motorists to safely "share the road" with motorcycles and to be extra alert to help keep motorcyclists safe. Additionally, the Louisiana State Police urges motorcyclists to "RIDE LIKE YOU ARE INVISIBLE TO OTHER MOTORISTS!!!!" and to follow these safety guidelines to increase awareness and have a safe riding experience:

Be visible:

Remember that motorists often have trouble seeing motorcycles and reacting in time.
Make sure your headlight works and is on day and night.
Use reflective strips or decals on your clothing and on your motorcycle.
Be aware of the blind spots cars and trucks have.
Flash your brake light when you are slowing down and before stopping.
If a motorist doesn't see you, don't be afraid to use your horn.

Dress for safety:

Wear a quality helmet and eye protection.
Wear bright clothing and a light-colored helmet.
Wear leather or other thick, protective clothing.
Choose long sleeves and pants, over-the-ankle boots, and gloves.
Remember - the only thing between you and the road is your protective gear.

Apply effective mental strategies:

Constantly search the road for changing conditions. Be aware of other traffic, road surfaces and debris.
Give yourself space and time to respond to other motorists' actions.
Give other motorists time and space to respond to you.
Use lane positioning to be seen; ride in the part of a lane where you are most visible.
Watch for turning vehicles.
Signal your next move in advance.
Avoid weaving between lanes.
Don't ride when you are tired or under the influence of alcohol or other drugs.
Know and follow the rules of the road and stick to the speed limit.

Know your bike and how to use it:

Practice. Develop your riding techniques before going into heavy traffic. Know how to handle your bike in conditions such as wet or sandy roads, high winds, and uneven surfaces.
Get formal training and take refresher courses.

Continue reading "Louisiana Motorcycle Accidents on the Rise - Keep Motorcycle Operators Safe!!" »

On May 20, 2011 MOEX USA and BP reached an agreement on a $1.06 billion payment for MOEX's involvement in the explosion of the Deepwater Horizon rig in the Gulf of Mexico which led to the devastating oil spill. MOEX continues, however, to deny liability for the accident. The parties agreed to release each other from mutual fault arising from the accident, although punitive damages, civil, criminal, or administrative fines, and penalties are not included in the indemnities. The companies jointly recognized the findings of the National Commission on the BP Deepwater Horizon which concluded that the explosion of the rig was the result of various risk factors, as well as, outright mistakes by multiple parties. BP claims it will apply the $1.06 billion payment to the $20 billion trust it has established for the payment of claims resulting from the explosion, oil spill, and damage to natural resources.

Three St. Francisville, Louisiana residents were arrested by the Insurance Fraud - Auto Theft Unit of the Louisiana State Police as a result of a complaint made by the Government Employees' Insurance Company (GEICO). According to the investigation, a GEICO automobile liability insured backed into a vehicle belonging to Honabea Cavalier of St. Francisville. No police report was filed until a month after the accident. After Cavalier filed bodily injury claims on behalf of herself and her five minor children for injuries that she claimed were caused by the collision, GEICO paid Cavalier five hundred dollars to settle the claims. Thereafter, Earl Barrow and Sandra Cavalier filed bodily injury claims with GEICO for the crash. After the investigation revealed that Cavalier's vehilce was actually unoccupied at the time of the collision, all three suspects were arrested and booked into the West Feliciana Parish Jail. Honabea Cavalier was booked on charges of insurance fraud, felony theft, and filing false public documents. Earl Barrow and Sandra Cavalier were both booked on charges of insurance fraud. They each face up to five years in prison and $5,000 in fines if convicted on the insurance fraud charges.

Baton Rouge, Louisiana auto accident attorney, Scott Andrews, applauds the work of GEICO and the Louisiana State Police in aggressively investigating and pursuing criminal charges against persons suspected of automobile liability insurance fraud. Insurance fraud costs policy holders dearly, not only in the form of fraudulent claims payments, but by the social and moral stigma that attaches to the claims of legitimate accident victims whose claims are often frowned upon because of the illegitimate claims of a few people that make the whole system look bad.

Louisiana injury lawyer Bob Downing (retired First Circuit Court of Appeal Judge) wrote the following article for the May 2011 issue of the Baton Rouge Bar Association's monthly publication, Around the Bar, regarding the impropriety of appealing from the denial of a motion for directed verdict:

There should be no appeal from the denial of a motion for a directed verdict. Graves v. Riverwood International Corp., 41,810 (La.App. 2 Cir. 1/31/07), writ denied, 07-630 (La.5/4/07), 956 So.2d 621; See Adams v. Purciau, 417 So.2d 860 (La.App. 4th Cir.), writ denied, 422 So.2d 157 (La.1982); Varnado v. Ins. Co. of America, 484 So.2d 813 (La.App. 1st Cir.), writ denied, 489 So.2d 248 (La.1986); and Miller v. Upjohn Co., 461 So.2d 676 (La.App. 1st Cir.1984).

In reviewing the cases that state that the standard of review for the denial of a motion for directed verdict is the same for the granting of a motion for directed verdict, it appears that the error begins with Davis v. Board of Supervisors of Louisiana State University, 03-2219 (La. App. 4 Cir.11/17/04), 887 So.2d 722, writ denied, 04-3086 (La.2/18/05), 896 So.2d 40, which incorrectly cites Cross v. Cutter Biological, 94-1477 (La.App. 4 Cir.5/29/96), 676 So.2d 131, writ denied, 96-222- (La.1/10/97), 685 So.2d 142, a case dealing with the granting of a motion for directed verdict. Davis is in turn cited for this incorrect standard of review in Everhardt v. Louisiana Department of Transportation & Development, 07-0981 (La.App. 4 Cir. 2/20/08), 978 So.3d 1036.

Because Adams is the earlier panel of the Fourth Circuit Court of Appeal and the jurisprudence in a circuit cannot be changed by another panel without going en banc, then it appears that Pourciau is the correct statement of the law.

A defendant who introduces evidence after the denial of its motion for directed verdict is deemed to have abandoned the motion, and the evidence in the case is judged on the entirety of the record. Holloway v. Midland Risk Ins. Co., 36,262 (La.App. 2 Cir. 10/30/02), 832 So.2d 1004, writ denied, 02-3247 (La.3/28/03), 840 So.2d 571; Jackson v. Quick, 543 So.2d 552 (La.App. 4th Cir.), writ denied, 546 So.2d 1219 (La.1989); and Dunaway v. Rester Refrigeration Serv., 428 So.2d 1064 (La.App. 1 Cir.), writs denied, 433 So.2d 1056, 1057 (La.1983).

Because there is no appeal from the denial of a motion for directed verdict, it should not be assigned as an error on appeal. The proper recourse is an appeal of the judgment.