Published 2-6-23

New Orleans judge (Laurie White) faces sexual harassment complaint from former judicial secretary

Judge Laurie White (Orleans Parish -- Criminal Court)(pictured) is leaving the bench this year. Last week her former secretary, Emily Tooke, filed a civil lawsuit in federal court (it's assigned to Judge Barry Ashe) that alleges White sexually harassed her. That included making advances at a Christmas Party held at White's home. Tooke alleges the judge told her to wear something sexy, encouraged her to spend the night, provided her a sexy Christmas gift, and that all took place in front of court employees and other judges. Then when Tooke complained, she alleged the judge retaliated against her. A link to the lawsuit is below.

Judge White has indicated she is reviewing her legal rights to what she calls "false and salacious claims that are defamatory."

Tooke's lawyer is Robert A. Pearson, Pearson & Mitchell, New Orleans

The Plaintiff's Complaint (Tooke v. White)

NOLA story (External link to the local newspaper story)

Published 1-31-23

Report concludes juvenile justice harsher in Louisiana after an LSU football loss

Academics studied juvenile justice outcomes in Louisiana after an LSU football loss (when LSU was favored to win) and concluded it was much harsher especially when the judges had undergraduate degrees from LSU.

But to be fair to some of these judges, LSU football is VERY important to them.

The Report (external link)

Published 1-27-23

A sneak peak at the January 2023 edition, 14 LaJVR 1

Subscribe to the Louisiana Jury Verdict Reporter (link to the online store) to read all the verdicts every month.

Published 1-6-23

Weird verdict in New Orleans before Judge Kern Reese

At a November jury trial in Orleans Parish a jury made an award. That's for sure. What happened? Who knows?

The court record is a disaster. The jury verdict is not a part of the record and the judgment memorializing the trial is just as bad.

What do we know?

Plaintiff injured in a bike versus car crash. Fault was contested. She settled with the tortfeasor for $15,000 and sought UIM coverage from USAA. 

There was a trial. The jury awarded her some damages including $50,000 for pain and suffering. The final judgment was for $21,000.

What don't we know?

What was the total award of damages? Was their comparative fault? Did the final judgment subtract $15,000 to reflect the tortfeasor's limits.

That is, was the verdict perhaps $72,000 ($50,000 in pain and suffering and $22,000 more in other damages) all less 50% comparative fault for a net verdict of $36,000, then less the underlying $15,000 limits? Who knows? 

Stephen Bruno and Palmer Bruno, Bruno & Bruno, New Orleans for the plaintiff

Russell Holwadel, Adams Hoefer Howadel, New Orleans for USAA

Kern Reese presided over whatever this was

The final judgment is below.

Published 1-5-23

$1,247,527 Dog Attack Verdict in Natchitoches

Plaintiff, a janitor at the courthouse in Natchitoches, opened an office door on premises occupied by the local 4-H office. The 4-H employee had brought their dog to work in violation of policies. The dog charged and the plaintiff turned to flee. In that process the plaintiff suffered a ruptured patellar tendon.

The plaintiff sued the state at trial in Natchitoches Parish and took $1.257 million which was reduced to $500,000 in the final judgment to comply with the statutory limit.

Edwin Dunahoe (pictured) & Jared Dunahoe (Dunahoe Law Firm) Alexandria for the plaintiff

David A. Johnson, Assistant Attorney General defending

Judge Lala Sylvester on the bench

Published 1-3-23

Cotton Bowl -- Holy Cow -- What a Game

Best game I've ever seen in person!

My daughter (also a Tulane athlete) and QB1 celebrated that night in Dallas!

Published 12-12-22

Surgical Med Mal results in a defense verdict in Lafourche Parish

Plaintiff underwent a gallbladder surgery at Bayou Regional Surgical Center. The surgeon confidently identified the anatomy but his confidence was misplaced. He clipped the common hepatic duct instead of the cystic artery and this led to a complex repair course.

Plaintiff alleged this was medical error -- the doctor (a Medical Review panel agreed) called it a complication.

The case came to trial 12-plus years after the surgery. A Thibodaux jury returned a defense verdict.

Sarah Norwood Trouard and Edward P. Sutherland for the plaintiff

J. Ryan Pierret (pic) of Judice & Adley defending

Judge Marla M. Abel was on the bench

Details coming in the Louisiana Jury Verdict Reporter in the January 2023 edition.

Subscribe to the Louisiana Jury Verdict Reporter in the online store.

Published 12-7-22

Plaintiff rear-ended by a police officer -- $325,000 verdict for the plaintiff

This case was ordinary enough. Plaintiff rear-ended by a police detective and complained of a neck and back injury.

What was interesting? The jury asked a question in deliberations. How did they get the three times the medicals for pain and suffering? It turned out the jury awarded the plaintiff 3.15 times their medicals for pain and suffering ($208,750/$66,250) in returning a $325,000 total verdict.

Report coming in the December 2022 edition (13 LaJVR 12).

Subscribe to the Louisiana Jury Verdict Reporter in the online store.

Denis Barry (Law Offices of Spencer Calahan) Baton Rouge for the plaintiff

David Lefeve and Michael Schillage (Parish Attorneys) defending

Judge Trudy White on the bench

The jury question and the jury verdict from Horton v. Baton Rouge

Published 12-5-22

Cotton Bowl!

You better believe my daughter, a student at Tulane and a member of the cross country/track team, RUSHED the field at Yulman Saturday night.

#footballschool

Roll Wave!

Published 11-23-22

Products Liability verdict in Lake Charles involving an exploding fishing boat

A complex products liability case concluded last night in federal court in Lake Charles. Three plaintiffs suffered severe burns (one later died of an overdose that was linked to his injuries) when a 26-foot Sea Fox fishing boat blew up. Why did it blow up?

The plaintiffs linked it to a fuel leak from a corroding water separating filter. The boat was manufactured by Sea Fox -- Yamaha Motor made the filter. The case was complicated as there were three plaintiffs (represented by two sets of lawyers) suing two separate product defendants. There was also a third-party complaint against the owners of the boat.

Ultimately after a trial of several weeks, a defense verdict was returned.

There were a LOT of lawyers involved but summarizing:

Timothy Young, The Young Firm, New Orleans for the plaintiff

Megan Senter, MGM Law, New Orleans for Sea Fox

Joseph Glass, Duplass, Metairie for Yamaha Motor

Judge James Cain called the balls and strikes.

The boat that exploded . . .

Published 11-9-22

$14.25 million med mal verdict in Ouachita Parish

The plaintiff blamed an ER doctor and a nurse practitioner for missing signs of a neurosurgical crisis on two trips on the same day to the ER at Glenwood Regional Medical Center. On the first visit the ER doctor diagnosed a muscle spasm and gave the plaintiff pain meds. When the plaintiff returned the same ER doctor and a nurse practitioner believed the plaintiff's symptoms (numbness) were related to an adverse drug reaction.

The next day the plaintiff awoke paralyzed and underwent a surgery to treat a C5-6 cord compression. She has permanent deficits.

A Monroe jury awarded the plaintiff $14.25 million including $13.5 million for future care. The defendant appealed the judgment, the PCF intervened to appeal and the plaintiff has appealed too citing that the $100,000 liability limit should not apply because the defendants did not introduce proof at trial that they were qualified healthcare providers.

Ravi Sangisetty, William Boyles and Amanda Olmsted, Sangisetty Law Firm, New Orleans for the plaintiff

Barry T. Boudreaux and Michael A. Dalman, Gachassin Law Firm, Lafayette, defending

Judge Daniel Ellender on the bench

Published 10-31-22

Cardiology Med Mal Defense Verdict in Gretna (Jefferson Parish)

Plaintiff, age 72, underwent a relatively minor cardiac procedure at Ochsner Heart to close an opening in the atria of her heart. She suffered an air embolus in her coronary artery which led to cardiac arrest and a significant neurology injury. The once active plaintiff was limited and died six years later.

Plaintiff sued her cardiologist and alleged error by him in allowing the embolus to develop and then in failing to respond quickly enough with treatment. The doctor called it a complication.

The case was tried three days in Jefferson Parish. DEFENSE VERDICT.

Report coming in the November edition.

Jerald Block and Matthew Hymel (Block Law Firm) Thibodaux for plaintiff

Don McKinney and Diana Surprenant (Adams & Reese), New Orleans defending

Judge Stephen Grefer tried it.

The final judgment . . .

Published 10-27-22

Supreme Court ups general damages in a facial dogbite of a toddler from $5,000 to $50,000

Addison Franks, age 2, was bitten on the face by a pit bull in November of 2016 while her mother visited a friend, Joshua Sikes. Sikes lived in a trailer owned by his grandfather. The property was insured by Farm Bureau. The incident occurred in Tensas Parish.

The dog suffered a serious injury to her lip. She underwent a complex surgery but still has pain and scarring.

The girl (through her mother) sued Sikes and Farm Bureau. The trial judge (Brister) found the dog was not an unreasonable risk of harm.

Franks appealed. The Court of Appeals (2nd Circuit) reversed in December of 2021 and found the dog was dangerous. It awarded the girl medicals of $2,419 and $10,500 more for future care. Her general damages were $5,000 for a total of $17,919. See Franks v. Sikes, 331 So.3d 1107 (La. App. 2 Cir 2021).

Franks appealed to the Supreme Court. The court reversed in October of 2022 (10-21-22( that the damages were abusively low. It traced the girl's injuries and course of care and concluded $50,000 was the lowest reasonable amount of general damages. Thus the award of $17,919 was bumped to $62,919. The link to the opinion is below.

Tina Wilson and Richard Wilson, Cox Cox Filo Camel & Wilson, for the plaintiff

Kyle Moore, Cotton Bolton Hoychick & Doughty, for Farm Bureau (primary defendant)

Trial Judge: Laurie Brister (Tensas Parish)

The Supreme Court Opinion (external link)

Published 10-25-22

$2,043,000 UIM verdict in Shreveport (federal court) exceeds remaining $1,212,249 policy limits

A week ago after a two-day trial, the plaintiff was awarded $2.043 million by a federal jury in Shreveport. Plaintiff complained of a multi-level disc injury (thoracic, lumbar and cervical) after a roll-over crash. The tortfeasor settled for her $15,000 limits and the plaintiff sought UIM limits up to a $1.325 ceiling with his insurer, USAA.

The jury awarded sums that exceeded the ceiling of coverage as shown on the verdict below. The final judgment was for $1,212,249 representing the policy limits less prepayments by the tortfeasor and USAA.

Trey Morris (pictured) and Justin Dewett (Morris & Dewett) Shreveport for the plaintiff

Frank Carroll (Mayer Smith & Roberts) Shreveport defending

Judge Terry Doughty called the balls and strikes.

The verdict itself . . .

Published 10-17-22

$500,000 Loss of Chance "Wrongful Birth" Verdict in Shreveport -- Prental Down's Syndrome test misread

The plaintiff underwent a QUAD blood screen for Down's Syndrome. It was positive but her medical group and her Ob-Gyn misread it. She delivered a child with Down's. The plaintiff sued and alleged wrongful birth and loss of chance. The child too sued for wrongful life. The trial court dismissed that claim and the dismissal was affirmed on appeal.

The jury rejected wrongful birth but found for the plaintiff on loss of chance. It awarded general damages of $500,000 to the parents. If for the plaintiff on wrongful birth, the plaintiff could have taken medical bills and lost wages.

Susan Hamm, Shreveport for the plaintiff

Brady D. King, McNew King & Landry, Monroe for PCF (the doctors settled)

Judge Brady O'Callaghan behind the plate.

The jury's verdict on Wrongful Birth and Loss of Chance are below.

Published 10-13-22

$3.614 million med mal death verdict in Jefferson Parish -- ER doctor blamed for missing signs of a cerebral stroke

The plaintiff, age 57, was seen on 3-17-22 by an ER doctor who diagnosed vertigo. Days later the plaintiff was brain dead of a stroke. Plaintiff alleged the ER doctor failed to diagnose the stroke at the ER visit. The doctor defended that the fatal stroke occurred after the ER visit and there was no signs of stroke at that visit.

A Jefferson Parish jury found for the plaintiff on 9-29-22 and awarded the plaintiff $3,614,407 which represented $1,000,000 for the decedent's suffering, $2,000,000 for his wife's consortium interest and $250,000 for each of his adult children. The remaining $114,407 represented medical bills.

Monica Sanchez, Jeffrey Mitchell, Hugo Chanez and Ashley Page (Mitchell Sanchez) for the plaintiff

Deborah DeoGracias Trahan and Tonya Gallaspy (Schroeder & Trahan) defending

Judge Danyelle M. Taylor on the bench.

See the verdict below. Details coming in the October 2022 edition.

Published 10-12-22

The plaintiff (an elderly woman) fell at a Popeye's which led to her death four months later -- $450,000 verdict in East Baton Rouge Parish

The plaintiff, age 77, either slipped (or fainted) at a Popeye's order counter. She suffered a complex cervical fracture. Before EMS arrived two Popeye's employees assisted her by propping up her head. The cervical injury left the woman a quadriplegic and she spiraled until her death four months later.

Plaintiff alleged negligence regarding the fall or alternatively by the Popeye's employees in propping up her neck, either of which or both, led to her death.

Popeye's denied responsibility for the fall -- the plaintiff had fainted -- it also denied the "propping up" caused an injury.

The jury rejected the "trip and fall" theory but found for plaintiff regarding moving her after the fall. Fault was assessed 30% to Popeye's and the remainder to the plaintiff. The damages totaled $450,000 which were reduced in the judgment by comparative fault to $135,000. Verdict returned 8-15-22.

Gail McKay for the plaintiff

Darrin Patin (Hailey McNamara for Popeyes. Rachel Webre and Morgan Druhan (Gieger Laborde Laperouse) for an excess insurer.

Judge Wilson Fields called the balls and strikes.

Full report coming in the October edition

Published 10-7-22

$20,000,000 verdict in West Baton Rouge Parish arises from an alleged roadway defect

The plaintiff's father ran off the road and skidded on the shoulder. The shoulder was overgrown with grass and thus was slippery. The car crashed into a guardrail which sheared it open. The plaintiff (a boy, age 10) suffered an above-the elbow arm amputation and other serious injuries. In this lawsuit the plaintiff blamed the crash on the LA Dept. of Transportation and Development's failure to maintain the roadway, and particularly, to clear the asphalt shoulder that was overgrown with grass.

On 9-16-22 a Port Allen jury awarded the boy $20,000,000 including $17,000,000 million in general damages. Fault was assessed 20% to LA DOTD, 40% to the plaintiff's father and 40% more to a third-party driver. The net for the plaintiff then is $4,000,000. No judgment has yet been entered.
Report coming in the October 2022 edition.

Frank Tomeny, Jennifer Kinberger and Arthur Bagwell for the plaintiff

Christopher Stidham and Stacey Moak for LA DOTD

Judge Elizabeth Engolio called the balls and strikes

Published 10-3-22

Auto Negligence

The plaintiff, a pedestrian on Carrolton Avenue in New Orleans, was run over by a motorist turning right at a red light. The plaintiff suffered a crush leg and a concussion.

A New Orleans jury (Orleans Parish) awarded the plaintiff a total of $1,610,200, which included $1.36 million in non-economic damages.

Tried July 20, 2022.

John Sudderth and Kate Casanova, Metairie for the plaintiff

Michael Thompson and Francis Cannone, Taylor Wellons, Baton Rouge defended

Judge Omar Mason behind the plate calling balls and strikes.

Truck Negligence

A trucker pulled from a stop sign and into the plaintiff's path. It was a serious crash and the plaintiff suffered an amputated finger, PTSD, cervical and lumbar fusions, among other injuries. The plaintiff proceeding in federal court in Lafayette took an even verdict of $3,000,000 which included the odd number of $1,840,892 in non-economic damages.

Tried August 5, 2022.

Blake Davis, Broussard & Davis, Lafayette for the plaintiff

James M. Dill, Dill Law Firm, Lafayette defending

Judge Robert Summerhays on the bench.

Published 9-19-22

A quick roundup of recently reported verdicts:

Garraway v. Ford, Products Liability (roll-over) East Baton Rouge Parish, 8-12-22, Defense verdict

Gniady v. Oschners, Med Mal (failure to diagnose cardiac condition, Orleans Parish, 8-19-22, Defense verdict

Auttonberry v. Cox, Auto Negligence (right of way), East Baton Rouge Parish, 8-23-22, Defense verdict

Ruff v. Horseshoe Casino, Premises Liability (trip in parking garage), Bossier Parish, 8-17-22, Defense verdict

(The curious verdict form in Ruff)

Compton v. Moncla Marine, Marine Negligence (struck in head by rigging), New Orleans Federal, 9-6-22, $3,796,650

Oldenburg v. Elkersh, Med Mal (pain management error), Tangipahoa Parish, 8-12-22, $3,975,000

Domec v. Fanguy, Auto/UIM, Jefferson Parish, 5-4-22, Defense verdict