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Category: Litigation

  • Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts?

    In the realm of workers’ compensation, the interplay between physical injuries and mental health can be complex. A recent Louisiana Court of Appeal decision highlights the challenges faced by workers seeking compensation for mental health conditions arising from workplace injuries. The case involved a police officer who developed psychological issues after a back injury, and the court’s ruling underscores the high standard of proof required for such claims.

    Bea Angelle, a police officer, sustained a back injury while on duty. She received temporary total disability benefits (TTDs) from her employer, the City of Kaplan Police Department. Later, these benefits were converted to supplemental earnings benefits (SEBs), which are paid when an employee can return to work but earns less due to their injury.

    However, the City of Kaplan terminated Angelle’s SEBs based on a vocational rehabilitation consultant’s assessment that she could return to some form of employment. Angelle disputed this decision, arguing her psychological condition, stemming from her physical injury, prevented her from working.

    The trial court denied Angelle’s request for SEBs, and the Court of Appeal affirmed this ruling. The court emphasized the strict requirements for proving a mental injury caused by a physical injury under Louisiana workers’ compensation law. It concluded that Angelle failed to meet the “clear and convincing evidence” standard needed to establish this causal link.

    Key Takeaways:

    • Mental Injury Caused by Physical Injury: In Louisiana, mental injuries resulting from physical work injuries are compensable only if proven by “clear and convincing evidence,” a higher standard than the typical “preponderance of the evidence” in civil cases.
    • Diagnosis and Criteria: The mental injury must be diagnosed by a licensed psychiatrist or psychologist, and the diagnosis must meet the criteria in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
    • Challenges in Proving Causation: The court emphasized the difficulty of proving a mental injury is directly caused by a physical injury, given the potential for subjective symptoms and the complexity of mental health conditions.
    • Importance of Documentation and Communication: Angelle’s case was weakened by the fact that she didn’t disclose her ongoing psychological treatment to her employer or the vocational rehabilitation consultant. This lack of communication made it difficult to establish a clear link between her mental health and the work injury.

    Implications for Injured Workers

    This case highlights the challenges faced by workers seeking compensation for mental health conditions stemming from workplace injuries. It underscores the importance of:

    • Seeking Professional Help: If you’re experiencing psychological difficulties after a work injury, seek treatment from a licensed mental health professional.
    • Documenting Your Condition: Keep detailed records of your treatment, including diagnoses and any connection to your physical injury.
    • Communicating with Your Employer and Insurer: Inform them of any mental health treatment you’re receiving related to your work injury.
    • Consulting an Attorney: Navigating the complexities of workers’ compensation law can be overwhelming. An experienced attorney can help you understand your rights, gather evidence, and advocate for your claim.

    Additional Sources: BEA ANGELLE VERSUS CITY OF KAPLAN-KAPLAN POLICE DEPARTMENT 

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Workers Compensation: When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim? and Are Mental Injuries Covered By Workers’ Compensation?

  • Slipping in Stores: When Does the Store’s Responsibility Kick In?

    We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability.

    In 2016, Douglas Barton was shopping at a Walmart store in Alexandria, Louisiana, during a rainy day. As he entered the store, he slipped on a wet spot on the floor, fell, and sustained injuries. He sued Walmart, claiming they were negligent in maintaining a safe environment for their customers.

    Walmart denied liability, arguing that they had no knowledge of the wet spot and that it likely occurred moments before Barton entered the store due to the wind blowing rain inside. They presented evidence of an inspection conducted earlier that morning, which had not noted any hazards.

    Barton countered, arguing that the inspection was inadequate and that the wetness, which he believed to be condensation, had likely been there for a while. He pointed out that he had been in the area for some time and hadn’t seen anyone else slip or create the wet spot. He asserted that Walmart had “constructive notice” of the hazard—meaning they should have known about it.

    The trial court initially ruled in favor of Walmart, granting them summary judgment and dismissing Barton’s case. However, the Court of Appeal reversed that decision.

    The appeals court focused on the issue of “constructive notice,” a legal concept that holds a merchant liable if a hazard existed for a long enough time that they should have reasonably discovered and addressed it. The court found that Barton had presented enough evidence to raise a genuine question about how long the wet spot had been on the floor.

    The specific evidence the court pointed to was:

    • The moisture was present before Barton fell.
    • Barton was in the area for a while and didn’t see anyone else there.
    • The moisture wasn’t near any products that could have recently spilled.

    Because Barton presented this evidence, the appeals court decided a jury should determine whether Walmart had constructive notice of the hazard and was liable for Barton’s injuries.

    Things to Remember: 

    • In slip-and-fall cases, the injured party is required to prove the merchant was negligent. This usually means showing that the merchant created the hazard, knew about it, or should have known about it.
    • Even if a merchant didn’t directly create a hazard or know about it, they can still be liable if it existed for a long enough time that they should have discovered and addressed it.
    • The outcome of these cases often hinges on evidence about how long the hazard existed, any witnesses, and the store’s policies and procedures for inspections and maintenance.

    Slip and fall cases can be complex. If you’ve been injured in a slip and fall accident, it’s essential to consult with an experienced personal injury attorney to understand your rights and options. They can help you gather evidence, build a strong case, and fight for the compensation you deserve.

    Remember, the law is on your side if you can prove the merchant’s negligence. Don’t let a slip-and-fall accident leave you with lasting physical and financial burdens.

    Additional Sources: DOUGLAS W. BARTON VERSUS WAL-MART STORES, INC. 

    Written by Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Slip and Fall Lawsuits in Louisiana: When Are Stairs An Unreasonably Unsafe Condition? and When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability

  • Worker’s Comp in Louisiana: Navigating the Medical Treatment Guidelines

    In the realm of workers’ compensation, ensuring injured employees receive necessary medical treatment can sometimes be a battle. A recent Louisiana Court of Appeal decision, Deubler v. Bogalusa City Schools, highlights the complexities surrounding the Louisiana Medical Treatment Guidelines and the process of obtaining authorization for treatment. This case serves as a reminder of the importance of adhering to these guidelines while also recognizing the need for flexibility when circumstances warrant it.

    Irvin Deubler, an employee of Bogalusa City Schools (BCS), suffered a lower back injury at work. He was receiving workers’ compensation benefits and sought treatment from Dr. Flagg for his chronic pain. Dr. Flagg recommended an MRI and a psychological evaluation to determine if Deubler was a candidate for a spinal cord stimulator (SCS) trial, a potential treatment option for his pain.

    BCS’s insurer, LUBA Casualty Insurance Company, denied these requests, prompting Dr. Flagg to appeal to the Office of Workers’ Compensation (OWC). The OWC’s associate medical director approved the requests, but LUBA and BCS further appealed to the OWC judge.

    The OWC judge upheld the associate medical director’s decision, and the Court of Appeal affirmed this ruling. The court emphasized the role of the Medical Treatment Guidelines in determining appropriate medical care for injured workers. It also highlighted the process for obtaining a variance from these guidelines when necessary.

    Things to Know: 

    • Medical Treatment Guidelines: Louisiana has established Medical Treatment Guidelines to ensure efficient and timely medical care for injured workers. These guidelines create a rebuttable presumption as to what treatments are considered necessary.
    • Variances from the Guidelines: If a healthcare provider recommends treatment that deviates from the guidelines, they can seek a variance by demonstrating to the OWC medical director that the variance is reasonably required to treat the worker’s injuries.
    • Burden of Proof: The initial burden of proof lies with the injured worker to show the medical necessity of the requested treatment. If the OWC medical director approves a variance, the burden shifts to the employer/insurer to prove, by clear and convincing evidence, that the decision was not in accordance with the law.
    • Appellate Review: The court’s decision is subject to review by the Court of Appeal, which applies the manifest error standard. The appellate court will only overturn the OWC judge’s decision if there is no reasonable factual basis for it.

    Implications for Injured Workers and Employers

    The Deubler case highlights the importance of understanding and navigating the Medical Treatment Guidelines in Louisiana workers’ compensation cases.

    For injured workers, it’s crucial to work closely with your healthcare provider to ensure your treatment requests are supported by medical evidence and comply with the guidelines or justify a variance. If your requests are denied, you have the right to appeal and present additional evidence to the OWC.

    For employers and insurers, it’s essential to be familiar with the Medical Treatment Guidelines and understand the process for challenging treatment requests. While the guidelines provide a framework for medical care, they are not absolute, and variances can be granted when medically necessary.

    Navigating the complexities of workers’ compensation law can be challenging. If you’re an injured worker or an employer facing a dispute over medical treatment, seeking legal advice from an experienced workers’ compensation attorney is crucial to protect your rights and ensure a fair outcome.

    Additional Resources:IRVIN DEUBLER VERSUS BOGALUSA CITY SCHOOLS & LUBA CASUALTY INSURANCE COMPANY

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Workers Compensation: Permanently Disabled Individual Not Acting Under Scope of Employment In Workers’ Compensation Case and  When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability

  • Title: Louisiana Court Upholds Earlier Will in Succession Dispute: The Importance of Proper Will Execution

    In a recent case, the Louisiana Court of Appeal emphasized the importance of adhering to the strict formalities required to execute a valid will. The case, In the Matter of the Succession of Sandra Gabor Dale, involved a dispute between siblings over their mother’s estate after a later will was deemed invalid due to improper execution.

    Sandra Gabor Dale passed away, leaving behind three children: Felicia, Christopher, and Michael. Felicia, named as the sole heir in a 2014 will, was granted possession of the entire estate. However, Christopher and Michael later contested this, presenting a 2016 will that divided the estate equally among the three siblings.

    The dispute centered on the validity of the 2016 will. The trial court found it to be “absolutely null” due to non-compliance with the formalities required for a notarial testament under Louisiana law. The brothers appealed this decision.

    The Court of Appeal upheld the trial court’s decision, affirming the invalidity of the 2016 will. It highlighted Louisiana Civil Code Article 1577, which outlines the specific requirements for a notarial testament:

    1. The testator must declare the document as their will in the presence of a notary and two witnesses.
    2. The testator must sign the will at the end and on each separate page.
    3. The notary and witnesses must sign an attestation clause confirming these formalities were met.

    The 2016 will contained a disclaimer from the notary stating they hadn’t prepared or read the document, only attesting to the signatures. The court found that this disclaimer nullified the essential declarations required for a valid notarial will. It created ambiguity about whether the testator declared it her will and whether she signed it in the presence of the required parties.

    Key Takeaways

    • Strict Formalities for Wills: Louisiana law has strict requirements for executing a valid will. Any significant deviation can render the will invalid, potentially leading to unintended consequences for the distribution of your estate.
    • The notary’s Role is Crucial: The notary public plays a vital role in ensuring a will’s validity. Their attestation clause confirms that all legal formalities have been followed. A notary’s disclaimer, as seen in this case, can invalidate the will.
    • Consequences of an Invalid Will: If a will is declared invalid, the estate will be distributed according to Louisiana’s intestacy laws, which may not align with the deceased’s wishes.
    • Importance of Legal Counsel: When creating or updating your will, seeking guidance from an experienced estate planning attorney is crucial. They can ensure your will is executed correctly, minimizing the risk of future disputes and ensuring your wishes are carried out.

    The Succession of Sandra Gabor Dale case is a powerful reminder of the importance of meticulous will execution in Louisiana. A seemingly minor oversight can have significant consequences, leading to family disputes and the potential disregard of the deceased’s true intentions. If you’re considering creating or updating your will, consulting with an estate planning attorney is not just advisable—it’s essential. Protect your legacy and ensure your wishes are respected by taking legal steps today.

    Additional Sources: IN THE MATTER OF THE SUCCESSION OF SANDRA GABOR DALE

    Written by Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Will requirements: Surviving Spouse Loses Fight with First Wife Over Provisions of “Clear and Unambiguous” Will in Louisiana  and Louisiana Court Promotes Liberal Construing of Will Execution Requirements

  • Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

    A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While the injury was unfortunate, the court ultimately sided with the hotel, highlighting the necessity of establishing the property owner’s knowledge of the hazard.

    Casey Krueger and his family were staying at a La Quinta Inn & Suites in Baton Rouge when he cut his foot on broken glass in the pool. Although the jury acknowledged there was a defect on the premises, they found the hotel not liable because they didn’t have actual or constructive knowledge of the hazard.

    Krueger appealed, arguing that the hotel should have known about the broken glass and that the doctrine of “res ipsa loquitur” should apply, allowing negligence to be inferred from the circumstances of the injury.

    The Court of Appeal upheld the jury’s verdict, focusing on two key aspects:

    1. Constructive Knowledge: In premises liability cases, property owners are generally only liable for injuries caused by hazards they knew about or should have known about through reasonable care. The court found no evidence that the hotel had actual knowledge of the broken glass. It also determined that the hotel’s regular pool inspections and policies prohibiting glass containers were sufficient to demonstrate reasonable care.

    2. Res Ipsa Loquitur: This Latin phrase, meaning “the thing speaks for itself,” allows negligence to be inferred in certain situations where the injury wouldn’t have occurred without someone’s negligence. However, the court rejected its application in this case, stating that it was equally possible a third party, not the hotel, was responsible for the broken glass in the pool.

    The Krueger case offers several important lessons:

    • Burden of Proof in Premises Liability: It’s not enough to show that an injury occurred on someone’s property. The injured party must prove that the property owner knew or should have known about the hazard and failed to take reasonable steps to address it.
    • Constructive Knowledge: Property owners have a duty to exercise reasonable care in maintaining their premises and discovering potential dangers. This includes regular inspections and taking prompt action to address any hazards.
    • Res Ipsa Loquitur is Limited: This doctrine is not a catch-all for proving negligence. It only applies in specific situations where the circumstances clearly point to the defendant’s negligence and other potential causes are unlikely.

    Practical Implications for Hotel Guests and Businesses

    • For Guests: If you’re injured at a hotel, promptly report the incident and seek medical attention. Document the scene, including any hazards that may have contributed to your injury. This evidence can be crucial in establishing the hotel’s liability.
    • For Hotels: Implement and maintain a robust safety and inspection program. Regularly inspect your premises, including pools and other common areas, for potential hazards. Address any issues promptly and thoroughly.

    If you’ve been injured due to a hazard on someone else’s property, consulting with an experienced personal injury attorney is critical. They can help you assess the strength of your case, gather evidence, and navigate the legal complexities of premises liability law.

    Additional Resources: CASEY KRUEGER VERSUS LA QUINTA INN & SUITES, BATON ROUGE, LQ MANAGEMENT, L.L.C. AND RONALD BYLAND

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Res Ipsa Loquitor: Injured Taxi Driver Fails to Recover in Claim Based on Res Ipsa Loquitor and What is Res Ipsa Loquitor?

  • When Does an Insurance Contract End? Louisiana Court Reverses Summary Judgment in Dispute Over Coverage Extension

    In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that seemingly straightforward cases can hinge on nuanced contractual interpretations and disputed facts.

    The case originated from a 1998 accident where Bobbie Sanders, an employee of Mark A. Robicheaux, Inc., was injured while working on a vessel constructed by Swiftships, Inc. Sanders sued Swiftships, which, in turn, filed a third-party demand against its insurer, United Fire & Casualty Company, claiming coverage under a policy issued to Robicheaux.

    The crux of the dispute was whether Swiftships qualified as an additional insured under Robicheaux’s policy, even though the initial contract between the two companies had expired. Swiftships argued that the business relationship continued under the original contract’s terms, while United Fire contended there was no agreement to extend the contract.

    The trial court initially granted summary judgment in favor of Swiftships, but this was later overturned on appeal due to procedural errors. On remand, the trial court again ruled for Swiftships, ordering United Fire to pay defense costs. Both parties appealed this decision.

    The Court of Appeal reversed the trial court’s summary judgment and vacated the subsequent judgment, awarding defense costs to Swiftships. It emphasized that summary judgment is only appropriate when there are no genuine issues of material fact. In this case, there was an apparent dispute about whether the original contract between Swiftships and Robicheaux had been extended and, if so, whether its terms, including the insurance coverage provisions, still applied.

    The court stressed that the trial court’s role in a summary judgment motion is not to weigh evidence or make credibility determinations but to identify whether any genuine factual disputes exist that require a trial. By granting summary judgment, the trial court had effectively decided these disputed facts, which was an error.

    The Sanders case highlights several critical points:

    • Contractual Interpretation Matters: The outcome of insurance coverage disputes often hinges on the interpretation of contracts and agreements. It’s vital to carefully review all relevant documents and consider potential ambiguities.
    • Summary Judgment is Not Always Appropriate: Even when a case seems straightforward, underlying factual disputes can preclude summary judgment. Courts must be cautious not to usurp the jury’s role in resolving such conflicts.
    • The Importance of Appealing Procedural Errors: The initial summary judgment in favor of Swiftships was overturned on appeal due to procedural errors. This underscores the importance of following proper legal procedures and the potential consequences of failing to do so.

    The Sanders case serves as a reminder of the complexities involved in insurance coverage disputes and the critical role of the courts in ensuring a fair resolution. If you’re involved in a dispute with your insurance company or agent, seeking legal advice is crucial. An experienced attorney can help you navigate the legal landscape, protect your rights, and fight for the coverage you deserve.

    Additional Resources: BOBBIE J. SANDERS, JR. VERSUS SWIFTSHIPS, INC.

    Written by Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Insurance Disputes: Injured Pedestrian in Ouachita Parish Unable to Recover from Multiple Insurance Policies and How Is Coverage Divided When Multiple Insurance Policies Are Involved?

  • Federal Court Upholds Dismissal of VA Doctor’s Discrimination and Retaliation Claims

    A recent decision by the United States Court of Appeals for the Fifth Circuit highlights the complexities and high standards involved in proving employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. The case, Stroy v. Gibson, involved a Black physician employed by the Department of Veterans Affairs (VA) who alleged racial discrimination and retaliation following a peer review of his patient care.

    Dr. John Stroy, an African-American physician at the VA’s Lafayette Community-Based Outpatient Clinic, faced a peer review after a patient he treated was hospitalized with acute renal failure. The review initially found that “most experienced competent practitioners would have managed the case differently.” Dr. Stroy, believing this review was racially motivated, filed an EEO complaint alleging discrimination.

    Later, Dr. Stroy was accused of leaving a patient unattended. Following an investigation, he received a memorandum outlining expectations for his future behavior. He then attempted to amend his existing EEO complaint to include a retaliation claim, which was denied. He subsequently filed a separate retaliation complaint.

    Before the 180-day waiting period for his retaliation complaint to be processed administratively, Dr. Stroy filed a federal court lawsuit, alleging racial discrimination and retaliation.

    The district court dismissed Dr. Stroy’s retaliation claim for lack of subject matter jurisdiction, as he had filed his lawsuit prematurely before exhausting his administrative remedies. The court also granted summary judgment in favor of the VA on the discrimination claim, finding that Dr. Stroy had not established a prima facie racial discrimination case.

    The Court of Appeals upheld both of these decisions.

    • Retaliation Claim: The court affirmed the dismissal of the retaliation claim, emphasizing the importance of exhausting administrative remedies before filing a lawsuit. While acknowledging that this requirement isn’t jurisdictional, the court stressed its necessity to allow for voluntary compliance before resorting to litigation.
    • Discrimination Claim: The court agreed with the district court that Dr. Stroy failed to establish a prima facie discrimination case. It reasoned that the peer review process did not constitute an “adverse employment action” under Title VII, even with its initial negative finding. Adverse employment actions are typically significant decisions like hiring, firing, demotion, or changes in compensation or benefits. According to the VA’s policy, peer review couldn’t be used for such actions.

    The Stroy v. Gibson case highlights several crucial aspects of employment discrimination and retaliation claims:

    • Exhaustion of Administrative Remedies: The administrative process must be completed before a lawsuit under Title VII can be filed. A premature filing can result in the dismissal of the claim.
    • Adverse Employment Action: To prove discrimination or retaliation, an employee must show they suffered an adverse employment action, typically involving a significant change in their employment status or benefits.
    • High Standard of Proof: Proving discrimination or retaliation requires clear evidence. Courts apply a rigorous standard to ensure that claims are based on solid evidence, not just speculation or subjective feelings.

    Navigating the complexities of employment discrimination and retaliation law can be challenging. If you believe you’ve been a victim of discrimination or retaliation in the workplace, consulting an experienced employment lawyer is essential. They can guide you through the administrative process, assess the strength of your case, and represent you in court if necessary.

    Remember, understanding your rights and taking timely action is crucial in protecting yourself from workplace discrimination and retaliation.

    Additional Sources: JOHN F. STROY, v. SLOAN GIBSON, Interim Secretary on behalf of Department of Veterans Affairs

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Employment Issues: Pregnancy as a Disability and Employment Discrimination: A Case Analysis and Louisiana Employment Discrimination Case Fails Due to Summary Judgment

  • No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases

    A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages.

    The case started when Rosa Cruz was involved in a car accident with Martha Creecy. A lawsuit was filed, and the trial court found Ms. Creecy to be at fault for the accident. However, the court declined to award damages to Ms. Cruz, concluding she failed to prove she sustained any injuries directly caused by the accident.

    Ms. Cruz appealed this decision, arguing that her testimony and medical records were sufficient to prove both injury and causation.

    The Court’s Ruling

    The Court of Appeal upheld the trial court’s decision, emphasizing Ms. Cruz’s burden to prove both the existence of injuries and that those injuries were caused by the accident.

    • Credibility Issues: The court highlighted inconsistencies in Ms. Cruz’s testimony. She claimed to have vomited and suffered a head injury immediately after the accident, but this was contradicted by other witnesses and the police report. The court found Ms. Cruz to be an “extremely poor historian” and questioned her credibility.
    • Medical Evidence: The court scrutinized the medical records, noting that Ms. Cruz’s initial complaints at the hospital focused on headaches and stomach problems. Only later did she report a wider range of symptoms to a chiropractor. The court found that the medical evidence did not definitively link her complaints to the accident.
    • The Housley Presumption: Ms. Cruz invoked the “Housley presumption,” a legal principle that can help plaintiffs establish causation in personal injury cases. However, the court pointed out that this presumption only applies after an injury has been proven. Since the court found Ms. Cruz failed to prove she suffered any injury from the accident, the Housley presumption was irrelevant.

    Key Takeaways

    • Proving Injury is Essential: Even if the other party is at fault in a car accident, you must prove you were injured to receive damages.
    • Credibility Matters: Your testimony plays a crucial role in proving your case. Inconsistent statements or a lack of corroborating evidence can undermine your credibility and harm your chances of success.
    • Medical Evidence is Key: Medical records and expert testimony are often critical in establishing the existence and cause of your injuries.
    • The Housley Presumption has Limits: The Housley presumption can be a helpful tool for plaintiffs, but it only applies if you can first prove you were injured in the accident.

    Additional Sources:ROSA LOPEZ CRUZ VERSUS MARTHA CREECY AND USAA CASUALTY INSURANCE COMPANY

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Proving Damages: Louisiana Appeals Court affirms no damages should be allocated to minors Because of Lack of Proof and Harvey Man Denied Damages For Truck Falling On Foot, Importance of Proof in Lawsuits

  • Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?

    In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving spousal abuse.

    In Hoddinott v. Hoddinott, the plaintiff (wife) filed a tort lawsuit against her ex-husband seeking damages for intentional infliction of emotional distress stemming from alleged domestic abuse during their marriage. The defendant (husband) argued that the wife’s claims were barred by res judicata, as they should have been raised during the divorce proceedings. The trial court initially agreed and dismissed the wife’s lawsuit. However, the Court of Appeal reversed this decision.

    The Court of Appeal focused on two key points:

    1. Exceptional Circumstances: Louisiana law allows exceptions to the res judicata doctrine in “exceptional circumstances.” The court found that the wife’s inability to sue her husband for tort damages during their marriage due to spousal immunity created such an exceptional circumstance. Once the divorce was finalized, she was no longer barred from pursuing her claims.
    2. Scope of the Consent Judgment: The court also examined the language of the Consent Judgment signed during the divorce proceedings. It concluded that the judgment only addressed specific domestic relations matters and did not encompass any potential tort claims arising from the alleged abuse.

    Key Takeaways:

    • Spousal Immunity and Tort Claims: In Louisiana, spouses cannot sue each other for tort damages during the marriage. La. R.S. 9:291. However, this immunity does not extinguish the cause of action; it merely delays the right to sue until after the marriage ends.
    • Res Judicata and Exceptional Circumstances: The doctrine of res judicata, which prevents relitigation of the same issue between the same parties, has exceptions. La. R.S. 13:4231. Exceptional circumstances, such as the procedural bar of spousal immunity, can allow a party to bring a claim even if it could have been raised in a prior proceeding.
    • Clarity in Settlement Agreements: The ruling emphasizes the importance of clear and explicit language in settlement agreements or consent judgments. Ambiguity can lead to disputes over the scope of what has been resolved.

    This decision is significant for survivors of domestic abuse in Louisiana. It clarifies that they are not necessarily precluded from seeking damages for abuse that occurred during the marriage, even if they did not raise those claims during the divorce proceedings.

    If you or someone you know has experienced domestic abuse and is considering legal action, consulting with an attorney experienced in family law and personal injury is crucial. They can help you understand your rights and options and guide you through the legal process.

    Additional Sources: JO SCHERNBECK HODDINOTT VERSUS REGINALD KENNING HODDINOTT, III

    Written By Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Res Judicata: Ascension Parish Plaintiff has Lawsuit Barred due to Res Judicata and Res Judicata Does Not Apply To Dismissal Without Prejudice

  • Can a Public Employee be Fired for Off-Duty Gambling?

    The Louisiana Court of Appeal recently reversed a decision of the Civil Service Commission (CSC) that upheld the termination of a public employee for gambling while off-duty. The case involving Carnell Collier, a Quality Assurance and Safety Inspector for the Sewerage and Water Board of New Orleans (S&WB), highlights the complexities of disciplinary actions for off-duty conduct, particularly when the conduct occurs on company property.

    Mr. Collier was fired after being caught gambling at a retirement party held on S&WB property. While the CSC initially upheld his termination, the Court of Appeal disagreed, finding that the punishment was too severe for the offense.

    Key Points of the Ruling:

    • Off-Duty Conduct and Termination: The court acknowledged that even off-duty conduct can be grounds for termination if it impairs public service efficiency. However, it emphasized that the severity of the discipline should be commensurate with the infraction.
    • Factors to Consider: The court considered several factors, including the nature of the offense, the employee’s work record, and past disciplinary history. In Collier’s case, the court noted his long and generally positive service record, the lack of a specific rule against gambling, and that other employees involved in the same incident were not disciplined.
    • Proportionality of Punishment: The court ultimately determined that termination was too harsh a penalty for Collier’s off-duty gambling. It reasoned that while the S&WB had a legitimate interest in promoting ethical conduct, the evidence did not support the conclusion that Collier’s actions significantly impaired the agency’s operations.

    Implications for Public Employees

    This ruling reminds us that even off-duty conduct can have consequences for public employees. However, it also highlights the importance of considering the context and severity of the misconduct when determining appropriate disciplinary action. Termination should generally be reserved for the most serious offenses or when an employee’s conduct severely undermines the public’s trust or the agency’s efficiency.

    Employer Takeaways:

    • Clear Policies: Employers should have clear policies regarding employee conduct, both on and off duty, and communicate these policies effectively to all employees.
    • Proportionate Discipline: When considering disciplinary action, employers should carefully weigh the severity of the offense, the employee’s work history, and any mitigating factors. Termination should be a last resort, reserved for the most severe infractions.
    • Consistency is Key: To avoid claims of arbitrariness, employers should strive for consistency in their disciplinary practices.

    The Collier decision emphasizes the importance of proportionality in disciplinary actions and the need to consider all relevant factors before terminating an employee. If you’re an employee facing disciplinary action or an employer navigating the complexities of employee discipline, seeking legal advice is crucial. An experienced employment lawyer can help you understand your rights and obligations and ensure that any disciplinary action is fair and justified.

    If you have questions about employment law or disciplinary actions in Louisiana, don’t hesitate to contact a reputable law firm specializing in employment law. They can provide the guidance and support you need to navigate these complex issues and protect your rights. Remember, understanding the law and seeking timely legal advice can make all the difference in achieving a fair and just outcome.

    Additional Sources: CARNELL COLLIER VERSUS SEWERAGE & WATER BOARD

    Written by Berniard Law Firm

    Other Berniard Law Firm Blog Articles on Employment Issues: Permanently Disabled Individual Not Acting Under Scope of Employment In Workers’ Compensation Case and Pregnancy as a Disability and Employment Discrimination: A Case Analysis