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The Louisiana Jury Verdict REporter Blog
A quick look at verdicts, trial news or other stories of interest to Louisiana litigators.
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Published 11-13-23
$15,960 million brachial plexus med mal in Baton Rouge -- reduced to $710,602 judgment by Louisiana's statutory tort scheme
The plaintiff sustained a permanent and severe brachial plexus injury at birth in 2006. He filed suit in 2008 in East Baton Rouge Parish and finally the case came to trial in 2023. The claim alleged the delivering Ob-Gyn used excessive force during the delivery. The jury awarded the plaintiff $15,960,602 which included non-economic damages of $15.75 million.
The final judgment reduced the verdict to $710,602 to account for the Louisiana med mal scheme. That represented the $500,000 cap plus medical bills of $210,602.
James F. d’Entremont and Sarah E. Hunter, Thompson d’Entremont & Hebert, Baton Rouge for the plaintiff
Amy C. Lambert, Ann M. Halphen and Shelly G. Laplante, Taylor Porter Brooks & Phillips, Baton Rouge for the defendant
Judge Ronald R. Johnson on the bench.
Full report in the November 2023 edition. Subscribe to the Louisiana Jury Verdict Reporter for all the details.
Published 10-9-23
October 2023 edition is out this week
Here's a preview of the October 2023 edition (14 LaJVR 10) and it will be out later this week.
The issue features a $23.062 million med mal (Runkle v. Louisiana Urology) from Baton Rouge. This is the verdict form from that case. The issue also reports on an interesting $3.4 million med mal from St. Tammany Parish (Vicknair v. Plaissance) where a post-partum mother died 10 days after giving birth from a cardiovascular complication.
Subscribe to the Louisiana Jury Verdict Reporter for all the details.
Published 10-1-23
Defense verdict in Disability Discrimination/Retaliation Trial in Lafayette (Federal Court)
A procurement officer for a remote site services company (he was working in Dubai) alleged his contract was not renewed because he had told his boss about his PTSD related to his service in the Iraq invasion in 2003. The company cited that his contract was not renewed because of poor performance and a restructuring. The plaintiff though this was a pretext and cited that he had no negative performance reviews.
The jury asked two interesting questions (see below) about the state of the law. It ultimately returned a defense verdict for the employer and the plaintiff took nothing.
Full report coming in the October 2023 edition of the Louisiana Jury Verdict Reporter
Kenneth St. Pe (Lafayette) for the plaintiff with out of state Illinois counsel
John P. Wolff, III, Tori S. Bowling and Bradi A. Barze (Keogh Cox & Wilson, Baton Rouge) defending
Judge Robert Summerhays on the bench.
The jury's interesting question and the court's reply
Published 9-20-23
Veteran was beaten by a rookie police officer after an off-duty encounter at a bar and sued the city alleging negligent training and retention
Jorge Gomez, a Honduran immigrant and proud military veteran, was at the Mid-City Yacht Club (he was a regular) when two off-duty rookie New Orleans cops joined him for a drink. They were veterans too and believed Gomez had lied about his service. This was false.
The three quarreled and briefly fought. As Gomez drove away from the scene, he alleged the cops blocked his path. A second fight resulted and Gomez took the worst of it. Both officers were promptly fired by the City of New Orleans.
Gomez sued the officers (one was dead by trial and the second was pro se) and alleged a civil rights claim. The officer at trial argued he had not acted under the color of law.
Gomez also sued the city and alleged negligent training, supervision and retention of the officer at trial. He cited the rookie had two pending two investigations going at the time of this attack. The city denied fault.
The case was tried before a federal jury in New Orleans and concluded last Friday. The jury rejected the "color of law" case against the officer as well as the derivative negligence claim against the city. Gomez took nothing.
Full report coming in the October 2023 edition of the Louisiana Jury Verdict Reporter.
Jarrett Adams, New York, NY and David Isaacson, (Fitzgerald and Isaacson), Miami, FL for the plaintiff
Corwin St. Raymond, Donesia Turner and Renee Gaudeau for the government
Judge Barry Ashe on the bench in New Orleans
Published 8-31-23
Caddo Parish jury rejects a rare Act of God defense in a case where a trucker jack-knifed on black ice
Three plaintiffs were standing next to their vehicle next to I-49 after their driver spun out on the icy road. There was black ice on the overpass. A trucker came through a few minutes later and lost control on the same black ice and struck the plaintiffs. They suffered severe injuries.
The trucker cited an Act of God as a complete defense, that is God was responsible for the black ice and the trucker could do nothing to avoid it. The plaintiffs countered with a truck safety expert.
The three plaintiffs prevailed and rejected the Act of God defense. The damages totaled $2.3 million and were spread between the plaintiffs, $1.01 million, $996K and $350K.
Details coming in the September 2023 edition (14 LaJVR 9) of the Louisiana Jury Verdict Reporter
J. Kyle McCotter, William L. Stroud and Caitlyn Cline, Bossier City for the plaintiffs
Jack E. “Bobby” Truitt and Lauren A. Duncan, The Truitt Law Firm, Covington defending
Judge Michael Pitman on the bench
Published 8-21-23
$1,118,930 bench verdict in Orleans Parish for two plaintiffs injured in a right-of-way collision
Husband and wife plaintiffs were injured in a right-of-way crash with an employee of Bensco (the car folks) and complained of low-back injuries. Their care included ESI treatments and radiofrequency procedures. The case was tried as a bench trial in a single day before Judge Omar Mason in Orleans Parish.
The husband took $568,381 which included non-economic damages of $376,000. The wife took $550,549 which had the same sum ($360,000) for non-economic damages. The verdict for the plaintiffs (combined) totaled $1,118,930 and was reduced to a final judgment.
Full report coming in the September edition of the Louisiana Jury Verdict Reporter.
Jake Weinstock (Cosse Law Firm), New Orleans (pictured) and Andrew Weinstock (Duplass), Metairie for the plaintiff
Virgil Lacy, Blue Williams, Metairie defending
Judge Omar Mason decided the matter
Published 8-2-23
August 2023 Preview Published - 14 LaJVR 8
Published 7-24-23
$1.26 million trucking verdict in Lake Charles -- Defense New Trial Motion Pending
The plaintiff, an electrical foreman, was stopped at a red light exiting a Wal-Mart. A rookie trucker made a wide turn and struck the plaintiff's truck. The plaintiff has since treated for an L-3 disc injury.
A federal jury in Lake Charles awarded the plaintiff a total of $1.26 million. That included medical bills of $50,000 (past) and $100,000 (future) as well as $840,000 in general damages. The lost wages and pension benefits were $240,000 -- the plaintiff, age 67, alleged he missed three years of work and thus while approaching retirement, he had to work three more years.
CRST Trucking has moved for a new trial and/or to remit the verdict (see the link to the motion below). It cited the plaintiff's pre-existing history and argued $840,000 in general damages was excessive and abuse of discretion. The defense further argued that the “sky is simply not the limit” and that $300,000 was the highest possible amount the jury could award. The motion is pending.
Full Report coming in the August 2023 edition.
Scott D. Webre and Chad M. Ikerd, Webre & Associates, Lafayette for the plaintiff
Michael J. Remondet, Jr., Jeansonne & Remondet, Lafayette defending
Judge James Cain presiding in Lake Charles
The Defense Motion for a New Trial/Remittitur (link to the motion)
BONUS VERDICT from St. John the Baptist Parish on 3-26-23
We have an additional verdict that is interesting from St. John the Baptist Parish. The plaintiff, a train engineer for Union Pacific, suffered injuries when an intoxicated farm worker on a tractor crossed in front of his train. The worker had disregarded flashing lights and driven around a crossing barrier. The worker was killed.
The train engineer sued the farm employer (Roussel Farms) and sought damages that included his mental anguish in seeing the farm worker's gruesome death. The jury awarded the plaintiff $650,000 which included $295,000 in general damages. Of that total $50,000 represented the mental anguish. It also assessed $105,000 more in exemplary damages because of the tortfeasor's intoxication. The defense has since taken an appeal and cited two errors (1) the imposition of punitives, and (2) allowing bystander death damages when the witnessed death involved a stranger.
Willie G. Johnson, Jr., The Johnson Law Group, Baton Rouge for the plaintiff
James K. Ordeneaux, Matthew Habig and Jennifer Voss, Plauché Maselli Parkerson, New Orleans
Vercell Fiffie presided
Published 7-17-23
Trucking verdict in federal court last week in Lafayette -- $11,541 for plaintiff less 50% comparative fault
The plaintiff was involved in a minor sideswipe collision with a trucker in St. Landry Parish and thereafter she complained of low-back pain and was ultimately diagnosed with an L5-S1 disc injury. She incurred medical bills of $47,000 and underwent medial branch block and an RFA.
A federal jury in Lafayette found both drivers at fault.
The plaintiff took a total of $11,541 representing medicals of $4,566 and lost wages of $4,720. The non-economic damages were $1,530. No judgment has yet been entered but presumably it will be for the plaintiff less 50% comparative fault in the sum of $5,770. Report coming in the August 2023 edition including details on the several jury questions that were asked during deliberations.
Subscribe to the Louisiana Jury Verdict Reporter (Save 15% with the code July2022 at check-out)
Kristi Post and Blake Jones, New Orleans for the plaintiff
Matthew Bailey (pictured) and Katherine Cook (Irwin Fritchie) defending
Judge Robert Summerhays called balls and strikes
Published 7-11-23
Louisiana July 2023 Preview is out . . .
At the link below we reproduce part of the July 2023 edition. Subscribe to the Louisiana Jury Verdict Reporter.
Use Code July2023 in the online store at check-out to save 15% at check-out.
Published 7-1-23
$45,500 verdict in St. John the Baptist Parish reduced 88% that representing the percent pre-existing injuries were aggravated
This case was ordinary enough on its face. The plaintiff was rear-ended and complained of neck pain. He had several cervical ESIs. The defense contested the injury and argued it was related to pre-existing conditions.
The court in St. John the Baptist Parish gave an interesting instruction. It allowed the jury to diminish the plaintiff's damages to the extent they represented just an aggravation of the plaintiff's pre-existing conditions. Thus if the jury found the plaintiff had a pre-existing injury, it could then determine the extent to which they were aggravated. In this case the jury decided they were aggravated 12%. That's a quotient verdict right? That's another story. The damages totaled $45,500, representing special damages of $43,500 and $2,000 more for pain and suffering. The net verdict was $5,460.
But here's the kicker. When you look at the instructions, they contemplate both a new injury and the aggravation of a pre-existing injury. But the verdict form makes no mention of the new injury -- its all about the pre-existing condition. Which seems like a bit of a trap for the plaintiff.
In any event that 's how it went down last week. Verdict report coming in the July 2023 edition.
Jim S. Hall and Matthew B. Moreland, Jim Hill & Associates, Metairie for the plaintiff
Andrew C. Weinstock and Joseph C. McAloon, Duplass, Metairie defending
Judge Nghana Lewis on the bench
Published 6-30-23
The July 2023 issue is almost finished and for once . . .it's pretty good. Here's a preview. Have a good weekend.
c opinion issued last week, Justice Jefferson D. Hughes, III, issued a clownish and buffoonish 13 word concurrence in a case. The full concurrence ends with cryptic instructions . . . "Don't have sex"! [Exclamation outside the quote is also weird.]
How did we get here? Let's take a look.
What is Keller v. Touro even about? It's interesting. The plaintiff, Ashley Keller, suffered an ectopic pregnancy which is fatal is untreated. She elected to terminate the pregnancy by medication, namely Methotrexate. Thereafter she followed with an Ob-Gyn, Dr. Jennifer Lapeyrolerie who was monitoring a hormone (BHCG) which is consistent with pregnancy. Why? When the BHCG levels were low or non-existent, the methotrexate had worked and the pregnancy was concluded.
A week later Lapeyrolerie called Keller and told Keller her BHCG levels were way down. Five days later Keller had sex with her husband. This was three weeks after terminating the pregnancy. The sex caused a rupture of the ectopic pregnancy and Keller underwent an emergency surgery to save her live. In fact her husband called 911 after Keller became delirious and lost consciousness. She has impaired fertility as well because she lost a fallopian tube.
Keller then sued Lapeyrolerie and other defendants. What was the heart of the her case? Lapeyrolerie had failed to advise of "pelvic rest" or the risk of sex disrupting the ectopic pregnancy. The medical record was silent on this. Lapeyrolerie testified that she did fully inform Keller about pelvic rest and what that meant. Keller countered she was not meaningfully informed.
It was a classic fact dispute.
What did this have to do with Hughes' absurd concurrence.
The defendants sought to call two of the panelists from the Medical Review Panel. The panel had concluded that Keller was fully informed. The presiding Judge Inemesit O'Boyle limited the defense to just one expert. The defendants sought a writ at the Supreme Court.
The Supreme Court granted the writ in an ordinary "per curiam" opinion last week and remanded the matter to the trial court. It is not yet set for trial according to the record.
Carey Wicker, III, Capitelli & Wicker, New Orleans for Keller
Erica Andrews and Kathryn M. Carraway, Carraway LeBlanc, New Orleans defending
The Supreme Court Opinion (External Link) (it is really ordinary and not remarkable)
Justice Hughes (pictured) though concurred and "assigns reasons" which is a stretch to the say the least. Reasons? He told the litigants and the world, apropos of nothing and unrelated to the facts of the appeal, "Don't have sex"! It was ridiculous. His warning to litigants, Louisianians, the parties, the whole world, had nothing to do with the issue on appeal. That's just bad.
Published 6-21-23
Plaintiffs sue to strike down Louisiana's Anti-Porn Bill
Louisiana recently passed legislation that requires porn providers to age-verify that their users are over 18. Essentially those that want to access pornography, described in the legislation vaguely as "harmful material" must age-verify with their driver's license.
A group of plaintiffs filed a lawsuit this week and alleged the law is unconstitutional. It includes a variety of internet content creators, but also a plaintiff, a military spouse in Slidell who watches pornography when her husband is deployed. The link to the lawsuit is below. It was assigned to Judge Susie Morgan. Jeffrey K. Sandman of New Orleans represents the plaintiffs.
The Lawsuit (PDF)
An excerpt from the suit below describes a very sympathetic plaintiff.
Published 6-21-23
Holy Cow -- $13,837,220 med mal in Shreveport on 5-26-23
This is a little preview of the verdict. We'll have a longer post on Friday. Getting ready for some LSU baseball presently.
The verdict form . . .
Published 6-20-23
Premises Liability Defense Verdict in Lake Charles
The plaintiff, a shopper at a Dollar General in Lake Charles, slipped in a spill of soda pop – a customer had dropped a 12-pack of root beer in front of the cashier and a can was broken – the cashier did nothing and moments later the plaintiff slipped in the spilled soda. The plaintiff was returning to check-out (she was jogging) after forgetting an item. The can burst in the time between when she walked away and when she jogged back.
It was a defense verdict.
Scott M. Mansfield and Collin R. Melancon, Mansfield Melancon Cranmer & Dick, New Orleans for the plaintiff
Shannon O. Harrison and Trevor C. Davies, Wanek Kirsch Davies, New Orleans
Report coming in the July edition of the Louisiana Jury Verdict Reporter.
Subscribe to the Louisiana Jury Verdict Reporter
Published 6-19-23
New Orleans Med Mal -- Child died of liver toxicity alleged related to the failure to monitor an anti-seizure drug
The plaintiff, age 11, treated for seizures with a NOLA pediatric neurologist, Dr. Shannon McGuire, who prescribed an anti-epileptic drug. The boy was dead five months later. His parents blamed his death on a liver toxicity that they linked to McGuire's failure to monitor his liver function with regular labs because of the known toxicity of the anti-epileptic drugs. Doctor denied she'd violated the standard of care and the cause of the boy's death was unknown.
The complex case was tried for two weeks in Orleans Parish and concluded on May 15, 2023. The jury returned a defense verdict and rejected the case.
Full report coming in the July 2023 edition (14 LaJVR 7) of the Louisiana Jury Verdict Reporter.
David Hanchey and Todd Townsley, Townsley Law Firm, Lake Charles for the plaintiff
Peter Wanek (pictured) and Elicia Ford, Wanek Kirsch Davies, New Orleans defending
Judge Lori Jupiter called the balls and strikes
Published 6-6-23
The June 2023 edition (14 LaJVR 6) has been published. Here's a preview . . .
Published 6-5-23
Unusual $180,000 FELA/FSAA verdict in Shreveport -- Jury was mixed on fault and awarded special damages but nothing for non-economic damages
The plaintiff (a rail conductor) sustained an L5-S1 disc injury when a hand brake "bottomed out" and failed to release. Plaintiff alleged both FELA and FSAA counts.
The verdict was interesting. The jury said "no" on the FELA count but still found the railroad 50% at fault. This was inconsistent. The verdict was for the plaintiff on the FSAA count. The plaintiff then took $180,000 for lost wages but nothing for non-economic damages. There was no reduction for comparative fault in the judgment because comparative fault did not apply to the FSAA count.
The plaintiff moved for a new trial and argued the verdict was inadequate. We have the details on the court's final judgment which raised the original $180,000 verdict. Full report coming in the June 2023 edition of the Louisiana Jury Verdict Reporter.
Blake David, Broussard & David, Lafayette led the case for the plaintiff
Bobby Gilliam (Wilkinson Carmody & Gilliam) Shreveport for the defense
Judge Brady O'Callaghan on the bench
Published 5-30-23
$125,000 death verdict (multiple plaintiffs) returned in federal court in Shreveport - - 72 years ago in March of 1951
Three plaintiffs were killed and a fourth injured in a head-on crash near Baton Rouge on 8-11-50. The case came to trial against the defendant's insurer seven months later in federal court in Shreveport in March of 1951. The plaintiffs took a combined then-record verdict in Shreveport for $125,000.
The awards were: $35,000 to the mother of William Waldrip, age 19, $20,000 to the mother of Robert Waldrip, age 16 and $30,000 to Lemeul Green's father. A fourth plaintiff (who survived) Bobby Green was awarded $25,000. There was proof he had to drop out of LSU and left the Marines because of his injuries.
The presiding Judge Gaston Porterie.
The defendants moved for a new trial and argued on a technicality that the decedents had not proven they didn't have a wife or children. Judge Gaston Porterie (appointed in 1939 to a new seat by FDR and dead two years later in 1953) concluded there was proof on this matter. He did remit the awards to the plaintiffs as follows, $26,422, $25,000, $20,000 and $15,000.
Published 5-26-23
$2.86 million verdict in a 110 mph power boat crash that killed the driver and passenger -- the key question was who was driving
There was a tragic powerboating accident on the Lake of the Ozarks in Missouri on 8-26-16. Bradley Dunphy was aboard the Mack Daddy, a powerboat owned by Richard Prince. They were both from Louisiana. The Mack Daddy had 1,350 HP engines and could flat fly.
The Mack Daddy
The boat was traveling at 110 mph or so when it hit the wake of another boat. It flew straight into the air and rolled onto its side. Dunphy was ejected and found 100 feet away. Prince remained on the boat. Both were dead of blunt force trauma.
The key issue in the case was who was driving. The Dunphy plaintiff said it was Prince. The Prince succession thought it was Dunphy. Thus at trial it was Dunphy as plaintiff and defendant versus Prince also as plaintiff and defendant. Each plaintiff, representing the widows and children (Prince only had children) sought damages from one another. There was expert proof as to who was sitting where.
The jury concluded Prince was the driver and was solely at fault. The Dunphy plaintiff took $2.860 million as described in the verdict below and of course, the Prince plaintiff took nothing. A consistent judgment reflected the mixed verdict.
Blake David (Broussard & David) Lafayette for Dunphy as plaintiff
Derek Walker (Chaffe McCall) New Orleans and Russell Holwadel (Adams Hoefer Holwadel) New Orleans for Dunphy as defendant
Jefferson Tillery and Lauren Mastio (Jones Walker) New Orleans for Prince (Plaintiff and Defendant)
Judge Raymond Steib in Gretna called the balls and strikes
The Verdict Form
Published 5-22-23
Second Circuit Court of Appeals reverses directed verdict for chiropractor in med mal case from Franklin Parish
On 5-10-23 the Second Circuit Court of Appeals reversed a med mal directed verdict for a chiropractor. The plaintiff had treated for a "crick" in her neck and suffered stroke symptoms after her chiropractor (Dr. Steven Crawford) performed C-1 toggle maneuver. There were fact disputes about how much force was used on the plaintiff. The trial judge was fixated that the plaintiff's neurosurgery expert said that in 999 of 1,000 similar cases, no injury was resulted. A directed verdict was granted for the chiropractor. The plaintiff appealed.
The Second Circuit (Judge Thompson writing) reversed that the plaintiff had met her proof burden on causation and the trial court erred in focusing on proof that most chiropractic patients in this context don't suffer injury. The matter was remanded with instructions for consistent proceedings.
Kenneth St. Pe for the appellants. Thomas Cowan for the appellee chiropractor. Judge Will Barham was reversed.
Court of Appeals Opinion (External link)
Published 5-18-23
Plaintiff complains of wide-ranging injuries after a serious truck versus van collision -- Greensburg jury awards $1,150 and nothing more
The plaintiff was riding in the camper of a big rig (it was a truck driving school) and sustained wide-ranging injuries when a commercial van crossed the centerline in St. Helena Parish and struck both the truck tractor and trailer. While the plaintiff put on appropriate proof of her injuries, the defense countered with a long pre-existing history of similar complaints.
The case was tried for a week and the plaintiff asked for $6,000,000 in damages. The defense suggested no more than $30,000.
The jury awarded the plaintiff $1,150 in general damages and nothing more. The plaintiff has since moved (its pending) for JNOV relief.
Don R. Williams, Baton Rouge, for the plaintiff
Arthur Landry, New Orleans and David Forkner and Bradley Deutchman, Williams & Connolly, Washington, D.C. defending
Judge Charlotte Hughes Foster on the bench in Greensburg
Pictured below are images from the scene (the defendant's truck) and the verdict form.
Published 5-16-23
Pedestrian versus Motorist trial in Jefferson Parish results in a defense verdict . . . on it happening at all
The plaintiff (Victor Williams) was walking on a sidewalk as the defendant (Eric Diggs) turned from a thrift store parking lot. It was alleged Diggs struck Williams which resulted in assorted injuries and a course of pain management.
Williams sued Diggs (State Farm insured) as well as his own insurer, Imperial Fire. The defense was simple enough. There was no contact at all and Williams threw himself to the ground.
The court's liability instruction was interesting because it described the "thing" as alternatively, accident/incident/impact. Had there been such a thing? The jury said no and that ended the deliberations.
Verdict returned 4-4-23 as shown below on causation.
Loretta Haskins and Kenneth Miller (Dudley DeBosier) for the plaintiff. Scott Ledbetter for Diggs/State Farm. P.M. Donovan had Imperial Fire.
Judge Brindisi was behind the plate.
Published 5-9-23
$1,061,584 Auto Negligence Verdict in Livingston Parish
The plaintiff, age 34 and described as an active wife and mother, complained of a disc injury (she had a single RFA and three years of chiropractic care) after a right-of-way turning crash. A Livingston Parish jury found the defendant solely at fault and awarded the plaintiff $1,061,584 in damages. That included $500,000 in non-economic damages. Verdict returned on 4-20-23.
Russell Beall (pictured), Jake Thomas and Aaron Humphreys, Beall & Theiss, Baton Rouge for the plaintiff.
Frank Romaguera, IV, Comeaux Stephens & Grace, Metaire defending.
Erika Sledge called the balls and strikes.
The verdict form on damages is below.
Published 5-2-23
Interesting Computer Fraud and Abuse Act verdict in New Orleans against a lawyer-spouse who purportedly spied on her husband's computer during a divorce
The plaintiff, Alexander Ackel, alleged his former wife, Kayla Martynenko (she's a Covington lawyer) unlawfully accessed his computer during a contentious divorce and custody proceedings. His best evidence was the modem in her home which revealed the access.
Ackel sued Martynenko and alleged federal violations of the Computer Fraud & Abuse Act as well as invasion of privacy. Martynenko flatly denied it.
A federal jury in New Orleans found for Ackel on all counts on 4-26-23 and awarded Ackel $19,000 which included $10,000 in punitive damages.
John Venezia represented the plaintiff
Brad Scott (Scott Vicknair -- Martynenko works there) defending
Judge Fallon tried it.
Published 4-27-23
Med Mal Defense Verdict on Causation in a Suicide Case -- Natchitoches Parish
College student and Airman reservist at Barksdale, age 22, treated for anxiety and depression with a family practice doctor for a year. She prescribed Paxil (increasing dosage) and other drugs including Effexor. Plaintiff committed suicide on 3-21-10, a month after his last visit to the doctor.
Plaintiff alleges doctor failed to warn of the "black box" guidance on suicide risk for young people on these medications. Doctor denies fault and blamed death on the plaintiff's other life stressors including social, legal, personal and financial difficulties.
Medical Review Panel finds fault. Exonerates on causation.
Case tried to a Natchitoches jury for five days. Jury's result is the same as the review panel.
Full details in the May 2023 edition.
John Paul Charbonnet (Glenn Armentor Law Corporation) Lafayette for the plaintiff
Lawrence Petiette, Jr. and Christopher G. Forester (Pettiete Armand Dunkelman Woodley & Cromwell) Shreveport defending
Judge Desiree Dyess called the balls and strikes.
Published 4-24-23
$4,907,676 auto verdict in Acadia Parish
Late last week there was a $4,907,676 verdict in Crowley. The defendant, in a pick-up truck, pulled from an inferior driver and struck the plaintiff (a surgical nurse in a Suburban), causing her vehicle to roll over. She has since treated for thoracic compression fractures, and C5-7 and L4-5 disc injuries, all of which left her disabled from working and her active lifestyle. The plaintiff also suffers anxiety and depression.
The jury found the defendant solely at fault and and the award included $2.75 million in non-economic damages. The damages portion of the verdict is below.
Blake David (pictured) and Reed Ellis (Broussard & David) Lafayette for the plaintiff
Philip Watson and Andrew Weinstock (Duplass), Metairie for the defense.
Full details coming in the May 2023 edition
We wrote about the first trial back in October . . .
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.
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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, Louisiana
The Plaintiff's Complaint (Tooke v. White)
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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)
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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.
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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.
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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
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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!
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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.
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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
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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!
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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 . . .
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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
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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 . . .
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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)
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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 . . .
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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.
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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.
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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
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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
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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.
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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, $3,796,650Oldenburg 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
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