A quick look at verdicts, trial news or other stories of interest to Louisiana litigators.

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Published 11-18-24

$280,000 verdict in Shreveport in a trucking case on 11-6-2

The plaintiff, a member of the State Board of Education, took special damages but nothing for her pain and suffering or loss of enjoyment of life

The plaintiff, Stacey Melerine, a lawyer and a member of the LA State Board of Elementary and Secondary Education, was involved in a lane incursion crash on I-40 and subsequently complained of wide-ranging and chronic neck and back pain. 

The jury split fault 70% to the trucker and the other 30% to Melerine. She was awarded $105,000 in medicals and $175,000 more for future care for a total of $280,000. The jury rejected any sum for non-economic damages over four categories.

At the time of this report no final judgment had been entered.

Justin C. Dewett and Elizabeth A. Hancock, Morris Dewett, Shreveport for Melerine
Lottie L. Bash, Faircloth Melton Sobel & Bash, Alexandria and J. Geoffrey Ormsby, Smith & Fawer, New Orleans for Williams defending

The damage to the plaintiff's vehicle

The verdict form on damages in Melerine v. Ty & Tan Express

Full report coming in the December 2024 edition, 15 LaJVR 12. Subscribe (or buy anything) in the online store and save 25% with code Louisiana24.

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Published 11-13-24

$129,000,000 verdict in school parking lot tragedy where a little girl was run over during car pool

There was a verdict with heavy damages in St. Tammany Parish last Friday. A little girl (Emma Savoie, age 6) was run over and killed in the parking lot of her Catholic school in Slidell during carpool. Incredibly the school was operating a "run club" in the parking lot for little children which had the children running in and out of traffic. The circumstance was described as incredibly dangerous.

The girl's brother (age 10) witnessed the entire thing and was traumatized. She was survived by her parents.

The plaintiff sued the school Our Lady of Lourdes and alleged negligence regarding the parking lot. The school denied fault and called it an accident. The claim against the woman who struck the girl with her pick-up truck was dismissed volitionally.

The jury found for the plaintiff and awarded damages of $129,000,000 as broken down below which included sums for the brother's emotional distress, the wrongful death claims of the parents as well as the decedent's conscious pain and suffering.

Report coming in the December 2024 edition of the Louisiana Jury Verdict Reporter.

Frank Swarr and Benjamin Rumpf (Landry & Swarr) New Orleans for the plaintiff

Jefferson Tillery and Madeline Fischer (Jones Walker) New Orleans were the primary defense counsel although several excess carriers also involved

Judge Reginald Badeaux called balls and strikes

Full report coming in the December 2024 edition, 15 LaJVR 12. Subscribe (or buy anything) in the online store and save 25% with code Louisiana24.

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Published 10-31-24

$2.5 million Med Mal in Lake Charles

In this case the plaintiff (a newborn) was released by her pediatrician from the hospital just 41 hours after birth. This was despite the girl not having a jaundice test, and the nurses having noted the girl's skin was yellow. There was a fact dispute as to whether the pediatrician was informed of this.

Days later the girl had worsening jaundice (it is common in newborns because of developing liver function) and developed a severe and permanent neurological injury. She died at age 4.

The plaintiff sued the pediatrician the hospital. The pediatrician entered a confidential and secret settlement for $2.5 million of which only $475,000 was not medicals or future medicals. This was before the girl died.

The case went to trial against the hospital. The jury awarded general damages of $2.5 million assessed 25% to the hospital (60% to the settled doctor and 15% to the mother) resulting in a net verdict. The final judgment against the hospital (the raw $625,000 less the cap) was for $125,000 and it has been paid. The verdict was in October of 2023 but the case was not finally resolved until the summer of 2024.

We will publish details on this interesting case in the November issue of the Louisiana Jury Verdict Reporter.

We have a code "Halloween" in the online store this weekend for 20% off anything.

Michael G. Hodgkins (pictured) and Matthew F. Lognion, Veron Bice, Lake Charles and Pierre F. Gremillion, Metairie
Benjamin J. Guilbeau and Elizabeth F. Shea, Stockwell Sievert Viccellio Clements & Shaddock, Lake Charles and Leah T. Therio, Cowan Law Firm, Metairie
Judge G. Michael Canaday called balls and strikes

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Published 10-22-24

$273,662 Dump Truck Negligence Verdict in Lafayette on 10-11-24 -- Medicals were $139,425, but non-economic damages totaled just $103,237

A dump truck negligence case was tried in federal court in Lafayette last week. The plaintiff (a former WWL anchorman and later media sales person) complained of a a shoulder injury (surgically repaired), a C5-7 disc injury (no surgery yet) as well as a mild brain injury after being rear-ended by a dump truck. It was a moderate collision. It is believed the plaintiff sought substantial damages.

The defense diminished the claimed injuries and relied on several IMEs including Dr. Everett Robert, Orthopedics and Dr. Chad Domangue, Neurology, Houma.

The case was tried for five days. The jury's verdict totaled $273,662 and included medical bills of $139,425. The non-economic damages (awarded in odd sums) were just $103,237 including the wife's consortium claim. Thus the ratio of non-economic damages to medicals was an anemic .74.

No final judgment has been entered but the plaintiff has submitted a proposed judgment. The jury also asked three questions as it deliberated over two days. The questions are a state secret.

Full report coming in the November 2024 edition of the Louisiana Jury Verdict Reporter.

Use the code "October2024" to save 20% in the online store on a subscription or anything else.

David C. Laborde, Jr., Laborde Earles Law Firm, Lafayette and Robert M. Marionneaux, Jr., Marionneaux Law Firm, Marksville for the plaintiff
Allyson C. Byrd (pictured below), Robert B. Worley, Jr. and Allison B. Kingsmill, Jones Walker, New Orleans defending

Judge Summerhays presided.

The verdict form on damages including the odd figures for non-economic damages

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Published 10-14-24

Curious Hybrid Med Mal/Administrative Negligence/Fraud against a Nursing Home - Mixed $3,580,289 verdict in Shreveport

The plaintiff, age 99, after a several year residency at a nursing home. The plaintiff (his surviving daughter) alleged global malpractice by the nursing home as well as fraud by the nursing home in indicating it could properly care for her father. Also sued was a company that managed the nursing home on an "administrative" negligence theory not subject to the Med Mal statutory damage caps. The defendants denied fault and tended to link the plaintiff's demise to his age and co-morbidites.

A Shreveport jury found for the plaintiff on all counts against both defendants. The defendants were represented jointly.

The plaintiff took $1.529 million on the survival claim and $1,050,500 more on wrongful death, split equally between the nursing home and management company. The jury assessed $1,000,000 more in fraud damages against the nursing home. The total damages were $3,580,289.

There has been no final judgment although the trial judge (O'Callaghan) has indicated the management company is not entitled to the Med Mal statute protections. What will the judgment look like? It's hard to say as it melds med mal (limited against the nursing home but not the management company) as well as the separate fraud claim.

Full report coming in the November 2024 edition on this unusual case.

Matthew M. Coman and Stephen M. Garcia, Garcia & Artigliere, New Orleans for the plaintiff
Ronald E. Raney and Patrick W. Woolbert, Lunn Irion, Shreveport defending

The verdict form in Bennett v.  Pathway Management et al

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Published 10-10-24

$3,405,525 verdict in New Orleans -- Teacher's aide suffered a C5-6 disc injury when struck by a box truck

The plaintiff, a teachers' aide, complained of a C5-6 disc herniation after a box truck performed a u-turn on Canal Street and struck her sedan.  Her neurosurgeon (Liechty) has indicated she will need a repair surgery. The defendant replied the wreck was minor, there was no injury at the scene and while the plaintiff does need a disc surgery, it is not related to this crash. The defense IME was Everett Robert.

A New Orleans jury awarded the plaintiff $3,405,525 in damages that included $2.775 million in non-economic damages.

Jason F. Giles (pictured below), John Love Norris, IV and Brian King, The King Firm, New Orleans for the plaintiff
David P. Salley and Stephen C. Resor, Salley Hite Mercer & Resor, New Orleans defending

Judge Kern Reese presided. Verdict returned on 9-19-24.

Full report (at page 4) in the October edition of the Louisiana Jury Verdict Reporter, 15 LaJVR10.

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Published 9-30-24

$219,190,110 verdict in Opelousas last week -- Paramedic suffered a TBI in a crash with pick-up truck -- Includes $155,500,000 in non-economic damages

A paramedic, age 36, (unrestrained) was in the rear of an ambulance tending to a patient when their ambulance broadsided a pick-up truck (it was carrying lineman home from a job) and in the process, the paramedic was thrown around. She suffered multiple skull fractures and a permanent TBI. There were significant questions in the case as to whether the plaintiff was malingering or faking her injuries.

A jury in St. Landry Parish found the pick-up driver solely at fault (it rejected fault to the plaintiff or her EMS employer) and awarded damages of nearly $220,000,000. That included $61,443,984 for the plaintiff's life care plan. Her non-economic damages were $155.5 million. The verdict was returned a week ago today on 9-23-24. At the time of this report no final judgment had been entered.

Richard F. Zimmerman, III,  Justin R. Glenn and Misti L. Bryant, Gordon McKernan Injury Attorneys, Baton Rouge and Michael P. Fruge and A.M. “Tony” Clayton, Clayton Fruge & Ward, Port Allen all for the plaintiff
Gerald A. Melchiode, Jeffrey R. Struckoff and Trey Williams, Melchiode Marks King, New Orleans and Peter F. Caviness, Falgoust & Caviness, Opelousas defending

Report coming in the October edition of the Louisiana Jury Verdict Reporter, 15 LaJVR 10.

An image of the plaintiff's ambulance -- it broadsided the pick-up truck

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Published 9-16-24

Wayback Machine -- $174,850 verdict in Franklinton in . . . 1965

W.E. "Bill" Knight, age 39, was killed in 1963 when driving from Bogulusa to Columbia, MS to work as an auctioneer when struck by a slow-moving Gulf, Mobile and Ohio train. He suffered multiple fractures. Knight was pulled from his mangled car and survived several minutes before dying at the scene.

The plaintiff, representing his wife and eight children, came to trial in March of 1965 in Washington Parish and took damages of $174,850. A report at the time indicated the railroad planned to appeal. The ultimate resolution of the case is not known.

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Published 9-13-24

$632,735 Med Mal in Lake Charles -- ER doctor blamed for a missed diagnosis of testicular torsion

The plaintiff, age 25, sued an ER doctor and hospital nurses for a missed diagnosis of testicular torsion which led to the loss of his testicle.  Lake Charles jury valued his non-economic damages at $600,000 and $32,735 more in medical bills. The fault was assessed 60% to the hospital (they didn't report out a urinalysis result) and the 40% more to the doctor. The Medical Review Panel had exonerated the defendants.

Full report in the September 2024 edition of the Louisiana Jury Verdict Reporter, 15 LaJVR 9.

Damon L. Beard (pictured) and Todd A. Townsley, The Townsley Law Firm, Lake Charles for the plaintiff

Benjamin J. Guilbeau, Jr. and Elizabeth F. Shea, Stockwell Sievert Viccellio Clements & Shaddock, Lake Charles defending

Judge Bobby Holmes presided at trial

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Published 7-22-24

Shreveport jury answers in a med mal (fault admitted) that the defendant doctor (urology) had not caused the plaintiff more than $100,000 in damages

The plaintiff alleged error by her urologist in a 2009 vaginal sling surgery in failing to provide informed consent as to complications of the procedure. The Medical Review Panel agreed. Ultimately the doctor did too and he admitted fault. He also paid his $100,000.

The case went to trial solely on the question of damages. Had the plaintiff proven she suffered more than $100,000 in damages. Those damages were a sciatic nerve injury that was blamed on mispositioning during the surgery. The Patient's Compensation Fund (PCF) argued the ongoing symptoms were related to pre-existing fibromyalgia.

The case ended in a defense verdict on 7-13-24 (almost 15 years after the surgery), the jury answering that the plaintiff had not caused damages over $100,000 and thus the plaintiff took nothing.

Susan Hamm, Shreveport, for the plaintiff

Walter Clawson, Shreveport for the PCF

Judge Christopher Victory on the bench.

The verdict form

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Published 7-8-24

The July issue (15 LaJVR 7) is out later this week -- it features an interesting verdict from Monroe

Here is the heading on the interesting Ouachita Parish result referenced in the headline. Full report coming in the July 2024 edition.

The header from the issue

Truck Escort Negligence - A slow-moving pick-up truck (the manager of a local cemetery) was driving slowing on a busy 65 mph road near Monroe (he was shadowing a slow-moving back hoe) when a multi-car pileup occurred that injured four persons – those four plaintiffs blamed the escort driver for negligence in driving so slowly without hazard lights or other warning to other motorists
Connell et al v. Richwood Gardens, 
21-1786
Plaintiff:    Myrt T. Hales, Jr. and Joshua L. Strickland, Hales & Strickland, Rayville for Dustin DeMoss
James L. Carroll, Mixon Carroll & Frazier, Columbia for Hunter DeMoss
Michael J. Mestayer, New Orleans for Brigid Connell
Louis V. Champagne, McKierthan Ryland & Champagne, Columbia for Goforth
Defense:    Jan P. Christiansen, Christiansen Law Firm, Monroe
Verdict:      Defense verdict on liability
Parish:         Ouachita
Judge:          J. Wilson Rambo
Date:            4-25-24

Subscribe to the Louisiana Jury Verdict Reporter.

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Published 6-20-24

Anesthesia Med Mal (vision loss after mastectomy) case tried to a verdict in New Orleans

During a complex prophylactic mastectomy surgery (it lasted eleven hours), the plaintiff became hypertensive which led to blindness in her left eye. In this lawsuit the plaintiff alleged error by her anesthesiologist in failing to properly monitor her blood pressure, this case being very interesting as a key fact witness in the case was the plaintiff’s husband who is also an anesthesiologist and was in the operating room during the surgery. The purported error was in failing to monitor her properly the hypertensive event. The doctor denied it all.

A defense verdict was returned on 5-6-24 before Judge Jennifer Medley.

Report coming in the July 2024 edition (15 LaJVR 7).

Louis L. Gertler and Helen H. Babin, Gertler Law Firm, New Orleans for the plaintiff
C. William Bradley, Jr. and L. David Adams, Bradley Murchison Kelly & Shea, New Orleans defending

The Verdict Form on Liability

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Published 5-28-24

Motorcyclist sustained serious injuries when a Domino's pizza driver pulled into his path

$757,071 verdict in Jefferson Parish on 5-17-24

A Domino’s Pizza delivery driver pulled from a stop sign and into the path of an oncoming motorcyclist – the motorcyclist was knocked unconscious and suffered serious injuries road rash to 30% of his body, multiple fractures and a TBI. a Gretna jury valued non-economic damages at $650,000 including $50,000 for his wife's consortium interest. Judge Nancy Miller was on the bench.

Full report coming in the June 2024 edition (15 LaJVR 6) next week.

Jarrett S. Falcon and Timothy J. Falcon and Jeremiah A. Sprague, Falcon Law Firm, Marrero for the plaintiff
George T. Nalley, Jr., Nalley Dew & Miner, Metairie defending

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Published 5-20-24

Defense verdict in a General Maritime accident where a worker was injured repairing a blowout on an oil well

The plaintiff was badly burned and suffered emotional injuries when there was a flash fire while repairing a blowout at a Grand Isle oil well. He alleged negligence by the well owner and operator in creating the hazard -- he worked for the company that was called in to repair the blowout. The defendants denied fault and argued the well repair was complex and dangerous by its very nature, and the plaintiff was employed by the company whose very job it was to repair the blowout.

Case tried in Federal Court in Lafayette. It was a defense verdict on 5-3-24.

The image is of the fire event.

Full report in the June 2024 edition.

James Ryan and Taylor Bassett, Morrow Morrow Ryan Bassett & Haik, Opelousas for the plaintiff

Kenneth Laborde and Nicholas Bergeron, Gieger Laborde & Laperouse, New Orleans defending

Judge Maurice Hicks presiding

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Published 5-5-24

$967,851 Auto Negligence verdict in Jefferson Parish against Hertz Corporation - Gilbert (Gibby) Andry, IV for the plaintiff

An employee of Hertz (they are self-insured) rear-ended the plaintiff near the airport which resulted in the plaintiff suffering a lumbar disc injury and enduring several procedures. A surgery has been recommended. The defense IME (Andrew Todd) didn't think the surgery was necessary and the defense noted the plaintiff's treatment was sporadic.

The case went to a Jefferson Parish jury on 4-17-24.

The jury asked a question while it was deliberating. The question:

The jury then returned a verdict totaling $967,851 which included $770,000 in non-economic damages. Full report coming in the June 2024 edition.

The jury verdict:

Gilbert W. Andry, IV and Michael J. Winsberg, The Andry Law Firm, New Orleans for the plaintiff
David P. Salley and A. Jacob Culotta, Jr., Salley Hite Mercer & Resor, New Orleans defending
Judge Michael P. Mentz presiding

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Published 4-30-24

The May 2024 edition (15 LaJVR 5) is in the tank -- out in print next week

The May 2024 edition of the Louisiana Jury Verdict Reporter is out next week.

There are several large verdicts including

(1) $3 million drunk driving case against a small-town banker with a .32 BAC,

(2) $614K verdict against Dollar General after the plaintiff fell off a broken toilet,

(3) $91 million (among nine plaintiffs) involving an industrial explosion at a paper mill,

(4) Hospital fall Med Mal in Shreveport.

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Published 4-23-24

Plaintiffs accuse defense deputy general counsel (for the defendant) of spying their lawyers hotel "war room" in advance of trial

There is a multi-plaintiff case ongoing in federal court (it is still in trial today) before Judge Shelly Dick that involves an industrial explosion at a Packaging Corporation of America (PCA) paper mill in DeRidder, LA. As the trial began the plaintiff's trial team (its lawyers include several from Arnold & Itkin in Houston) developed a war room at the Baton Rouge Hilton.

As the trial began the plaintiffs filed blockbuster motion for sanctions against PCA's deputy general counsel, Tony Steenkolk, who they alleged set up shop outside the hotel war room and wore a hat to conceal his identity. Steenkolk sat there for hours to eavesdrop it was alleged. This left the plaintiffs, the motion breathlessly explains, disturbed, upset, anxious and violated. The emergency motion sought sanctions including striking the PCA answer and affirmative defenses.

The motion included an image describing the view from which Steenkolk could have observed the war room.

PCA replied it was all innocent. Steenkolk was simply waiting for his hotel room to be cleaned and as the lobby was busy, he set up in a public and quiet part of the hotel. He denied any nefarious purpose or eavesdropping. In fact he explained he even approached the plaintiff's war room to let them know he wasn't snooping.

The motion was set for an emergency hearing and the court heard testimony from a lawyer for the plaintiff (John Grinnan) and Steenkolk. Judge Dick took the matter under advisement and there is no final order on the motion for sanctions. The trial continues.

The plaintiff's original motion (filed 4-11-24) is linked below.

Plaintiff's Motion for Sanctions

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Published 4-11-24

Plaintiff injured when while at Sam's Club -- a large grill fell and led to a disc injury - - $189,818 verdict in Shreveport

The plaintiff shopped at a Sam's Club in Shreveport and had bought a 100-pound 4-burner BBQ grill. They were stacked and while helping a store employee remove the grill, it fell and knocked the plaintiff down. He suffered a cervical disc injury and later underwent a two-level diskectomy. Plaintiff's liability theory was that the grill was heavy and the store should have had two employees to assist in removing the grill.

The jury found Sam's Club 30% at fault and the lion's share of 70% to the plaintiff. Plaintiff took his medicals as claimed ($169,818) but just $20,000 in non-economic damages. While the raw verdict was $189,818, the net after apportionment will be just $56,945.

Verdict returned on 4-3-24 after a three-day trial in federal court (removed from Bossier Parish) in Shreveport.

Full report coming in the May 2024 edition. April 2024 is out . . .

Jason B. Nichols and J. Marshall Rice, Rice & Kendig, Shreveport for the plaintiff
Defense:    Gregory B. Odom, II and Kelvin G. Sanders, Chadwick Odom & Stokes, Alexandria defending
Terry A. Doughty called balls and strikes

The Verdict Form

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Published 4-10-24

Railroad diesel mechanic suffered a disabling foot injury when a locomotive fan tipped over on his foot - $5,380,655 verdict in Shreveport

The plaintiff (a locomotive mechanic for a railroad) suffered a severe foot injury and related CRPS after a large locomotive fan tipped over and fell on him – the incident occurred on the shop floor after the locomotive fan (it weighs 3,000 pounds) was left unsecured -- the jury awarded $5,380,655 in damages of which that sum included $3,880,000 in non-economic damages.

No final judgment has been entered as the parties have contested whether comparative fault (it was an 80-20 split) should apply because the jury found for the plaintiff on both a FELA count and a separate Federal Regulations violation claim.

The verdict form describing the interesting Federal Regulations violation count is the image below.

Report coming in the April 2024 edition (15 LaJVR 4) which is out this week.

Ben Marshall, Jr., Mayer Smith & Roberts, Shreveport and John D. Roven and Kevin M. Camp, Roven Camp, Houston, TX
Elena A. Knezek, L. Bianca Chretien, Danielle A. Boudreaux and Grant F. Freeman, Knezek Law, Lafayette defending

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Published 4-6-24

$750,000 trucking verdict in Lafayette -- Plaintiff suffered disc and TBI injuries when a truck tire separated and struck his vehicle

A trucker lost a wheel on the interstate and it careened off the concrete barrier and struck the plaintiff’s heavy-duty pick-up truck in a hard collision – this left the plaintiff with a C4-7 disc injury and a recommendation for a multi-level fusion surgery as well as painful headaches – a federal jury in Lafayette awarded the plaintiff $575,000 in non-economic damages. The verdict form is below.

Report coming in the April 2024 edition of the Louisiana Jury Verdict Reporter.

J. Derek Aswell, Broussard David & Moroux, Lafayette for the plaintiff
Jean E. Lavidalie, Jr., Pierre & Lacoste, New Orleans defending

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Published 2-19-24

Plaintiff had a satirical post during Covid and the local sheriff's office sent a SWAT team to arrest him

Federal Jury in Alexandria found for the plaintiff and awarded $405,000 in damages

The image below sums up this remarkable case where the police sent a SWAT team to arrest a man who had angered them with a satirical Facebook during Covid-19. The stunt resulted in a $405,000 verdict for the plaintiff. The "snip" below summarizes the case and includes the original Facebook post.

Full report in the February 2024 edition of the Louisiana Jury Verdict Reporter, 15 LaJVR 2.

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Published 1-22-24

$350,000 verdict in a Hi-Five Superdome (Saints game) incident

The plaintiff and her husband attended the Saints opening game in 2018 (Bucs) and were making their way inside. A Superdome employee raised her hand to give the plaintiff a so-called "Hi-Five" as the plaintiff started up an escalator. The worker had done this thousands of times. In further painting the picture, it was the opening game and the atmosphere was electric.

Plaintiff alleged that when she joined for the Hi-Five, she was pushed back down the escalator and into her husband. They both suffered injuries. She underwent a microdiskectomy 22 months later.

The plaintiffs sued the Superdome and alleged negligence by the employee in knocking her backwards in giving the Hi-Five. The employee denied touching the plaintiff (she called it a missed connection Hi-Five) and the plaintiff fell back when she fainted.

The jury found the defendant at fault and explicitly rejected that there was a fainting event. It assessed fault 24% to the employee and 51% to the Superdome (75%) to the defendants. The remaining 25% was assigned to the plaintiff. There was no fault to her husband.

The wife took $350,000 (reduced to $262,500 on comparative fault) and $15,000 for the husband. Verdict returned 12-1-23.

Przemek Lubecki and Craig A. Gentry, Morris Bart for the plaintiff. Thomas Brahney and Mary Katherine Koch, Assistant Attorneys General for the Superdome.

Judge Sidney Cates on the bench.

Bucs ended up winning a high-scoring game, 48-40. There were 73,038 fans present.

Report coming in the February 2024 edition of the Louisiana Jury Verdict Reporter (15 LaJVR 2).

Subscribe to the Louisiana Jury Verdict Reporter and use code Louisiana2024 to save 20%.

The interesting verdict form on in this case. 

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Published 1-2-24

January 2024 preview published

We've started a New Year with our 15th edition. Here is a preview of the 2024 edition, 15 LaJVR 1.

It features a $43,320,228 truck negligence verdict from Iberville Parish. Here is the verdict form in that case. The plaintiff took an astonishing $31 million in non-economic damages, his wife taking $4,000,000 more for her consortium interest.

Chet G. Boudreaux, Gordon McKernan Injury Lawyers, Baton Rouge and Michael P. Fruge and A.M. “Tony” Clayton, Clayton Fruge Ward & Hendry, Port Allen for the plaintiffs. Full report in the January 2024 edition.

Louisiana January 2024 Preview

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Published 12-29-23

LSU Football Verdict Just Before Christmas

Just before Christmas (the deliberations ending on Wednesday, Dec 20th), a federal jury in Baton Rouge decided the case of a long-time assistant athletic director (Sharon Lewis) who handled football recruiting under four different LSU head coaches. Lewis, a former track star at LSU, worked under Saban, Miles, Orgeron and briefly, Kelly, before Kelly fired her.

Lewis believed she was fired because she spoke up for female students in the athletic department who had been mistreated by Miles. He was said to have wanted "pretty girls" only working in football, also preferring "light-skinned" black ones. Lewis also alleged she faced a hostile work environment and was sexually harassed by Kelly's associate football coach. This in turn led to Kelly letting her go.

LSU denied it all and said Lewis was let go (along with 41 others) just a month after Kelly took charge in 2002 as a part of a reorganization of the program.

The jury rejected all the plaintiff's claim and Lewis (she sought $6.3 in economic damages and $300,000 for mental anguish) took nothing.

Larry English from New York, NY for the plaintiff

Michael B. Victorian and Susan W. Furr led a team from Phelps Dunbar for LSU

Judge Susie Morgan on the bench

Report coming in the January 2024 edition of the Louisiana Jury Verdict Reporter.

The full verdict below

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Published 12-18-23

Holiday Verdict Update

We're almost putting a wrap on 2023 but we've got a quick roundup on some recent verdicts that are interesting.

I've never seen a case like the first one from New Orleans where the plaintiff, Tamla Pierre, a nurse practitioner, local entrepreneur and restauranteur (Neyow's Creole Cuisine), alleged a genetic test was misinterpreted. She relied on a recommendation that the testing was suggestive of breast cancer (she had a family history) and underwent a prophylactic mastectomy. It turned out the report was in error and test result was no significant. She sued the genetic testing company as well as its local representative who interpreted the results. The trial judge (Irons) granted a directed verdict for the company. The employee prevailed on the individual negligence claim against him and it was a defense verdict. Lawrence Centola and Scott Bickford (Martzell Bickford & Centola) for the plaintiff. Michael Mims and Cherrell Taplin (Liskow & Lewis) defending.

The second case was from Jefferson Parish. The plaintiff, a long-term Lupus suffering, treated at several ERs over a five day period for what was considered just a lupus flare-up, but which was actually an ophthalmological emergency related to an infection. The plaintiff lost vision in one eye because of the episode and described it as a medical nightmare.

In this lawsuit the plaintiff sought damages from several defendants, her rheumatologists, three ER doctors who saw her on different days, and West Jefferson Hospital where she was seen by a nurse practitioner in the ER. 

The case was tried over a week in Gretna. The jury exonerated the individual defendants, the court finding (as a bench trial) for the government-operated hospital and the plaintiff took nothing.

It was quite a line-up of lawyers as the jury considered the claim against five separate defendants.

Ron Austin and Catherine Hilton (Ron Austin Law) Harvey for the plaintiff.  There were several defendants, represented by Peter J. Wanek and Kathy A. Rito (Wanek Kirsch Davies) New Orleans, Jude D. Bourque, Jones Walker, Baton Rouge, John D. Schoonenberg, Gachassin Law Firm, Lafayette and Michael C. Luquet, Breazale Sachse & Wilson, New Orleans. Judge Nancy Miller on the bench.

A portion of the plaintiff's pretrial order in Tate v. McVey et al.

Look for full reports in the January 2024 edition, 15 LaJVR 1. We will be starting our 15th volume!

Use Code "Holiday23" in the  online store through Friday December, 22, 2003. Renew your subscription? Whatever? It's 15% off this week.

We will be back at it in a week. Have a good holiday.

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Published 12-11-23

The Louisiana December issue is out -- we've closed the 14th volume on to 15 in January of 2024

Best for the holidays.

The Louisiana 12-23 Preview

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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.

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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.

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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

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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

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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

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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

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Published 8-2-23

August 2023 Preview Published - 14 LaJVR 8

The August Preview

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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)

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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

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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

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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.

July 2023 Preview

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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

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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.

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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.

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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.

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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 . . .

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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

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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

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Published 6-6-23

The June 2023 edition (14 LaJVR 6) has been published. Here's a preview . . .

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