Louisiana Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Louisiana or Court of Appeals of Louisiana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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L.T. v. Chandler - 12/14/2005
Before GASKINS, MOORE and LOLLEY, JJ. The plaintiffs, L.T. and her father, appeal a trial court decision granting summary judgment in favor of Louisiana Medical Mutual Insurance Company (LAMMICO), dismissing the plaintiffs'...

Jackson v. Desoto Retirement and Rehabilitation Center Inc. - 12/14/2005
Before BROWN, WILLIAMS and PEATROSS, JJ. The defendant, DeSoto Retirement and Rehabilitation Center, Inc. ("DeSoto Retirement"), appeals a district court judgment overruling its dilatory exception of prematurity. At issue in this...

Heard v. Morehouse Parish Health Unit - 12/14/2005
Before BROWN, STEWART and PEATROSS, JJ. Veronica Heard and Rodney Williams, individually and on behalf of the minor child, Dishean Heard (collectively "plaintiffs") appeal the trial court's grant of prescription in favor of...

Nelson v. James - 12/14/2005
Before BROWN, CARAWAY and LOLLEY, JJ. William Kenneth Nelson and Phyllis Nelson appeal the judgment of the First Judicial District Court for the Parish of Caddo, State of Louisiana which dismissed the Nelsons' claims against...

Dick v. B & B Cut Stone Co. - 12/14/2005
Before GASKINS, CARAWAY & PEATROSS, JJ. Claimant Timothy Dick appeals from a judgment of the Office of Workers' Compensation ("OWC") dismissing his claim for compensation benefits against B & B Cut Stone Company ("B &...

Peters v. Williams - 12/14/2005
Before BROWN, STEWART and MOORE, JJ. The plaintiffs, Levorn Peters, his wife Jackie and daughter Raisa, appeal a judgment arising from a collision between Peters's pickup truck and a dump truck owned and operated by the City of...

Hammock v. Weyerhaeuser - 12/14/2005
Before PEATROSS, DREW and MOORE, JJ. In this workers' compensation case, claimant David Hammock suffers from a serious back injury that he attributes to a work-related accident. The claimant did not contemporaneously report the...

McFann v. Southwestern Power Electric Co. - 12/14/2005
Before PEATROSS, DREW and MOORE, JJ. Carolyn McFann appeals the trial court's judgment dismissing a personal injury claim filed on behalf of her 14-year-old son, Otis, against Southwestern Electric and Power Company ("SWEPCO")....

Whittington v. Kelly - 12/14/2005
Before GASKINS, MOORE and LOLLEY, JJ. GASKINS, J. Concurs without reasons. James Whittington appeals a summary judgment that dismissed his legal malpractice claims against Kirby D. Kelly, Charles T. Phillips and Kirby D....

In re Madera - 12/9/2005
ATTORNEY DISCIPLINARY PROCEEDINGS This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Carmen S. Madera, an attorney licensed to practice law in Louisiana. ...

Cichirillo v. Avondale Industries - 11/29/2005
JOHNSON, J., concurs. VICTORY, J., concurs. The sole issue in this case is whether decedent's suit for damages for asbestosis, filed in a Mississippi court seven years prior to decedent's diagnosis of mesothelioma,...

In re Bradley - 11/29/2005
ATTORNEY DISCIPLINARY PROCEEDINGS This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Philip M. Bradley, an attorney licensed to practice law in Louisiana,...

Dufrene v. Carter - 11/29/2005
Panel composed of Judges Edward A. Dufresne, Jr., Clarence E. McManus, and James C. Gulotta, Pro Tempore REVERSED; SET ASIDE; AND REMANDED Defendant, Werner Enterprises, Inc. ("Werner"), appeals from a judgment confirming a...

Henry v. Parsons - 11/29/2005
Panel composed of Judges James L. Cannella, Marion F. Edwards, and Susan M. Chehardy AFFIRMED IN PART, REVERSED IN PART, RECAST AND RENDERED This appeal from the Second Parish Court of Jefferson Parish arises in three...

Bealer v. Vancourt - 11/29/2005
Panel composed of Judges Thomas F. Daley, Clarence E. McManus, and Walter J. Rothschild AFFIRMED. Plaintiffs, Joyce and Ellis Bealer, appeal a judgment of the trial court sustaining an Exception of Prescription filed by...

Roccaforte v. Nintendo of America - 11/29/2005
Panel composed of Judges Marion F. Edwards, Susan M. Chehardy, and Walter J. Rothschild AMENDED AND AFFIRMED AS AMENDED Nintendo of America, Inc., defendant, appeals a ruling that assessed damages against it for contempt...

Munster v. Smith - 11/29/2005
Panel composed of Judges Thomas F. Daley, Marion F. Edwards, and Walter J. Rothschild AFFIRMED This suit arises from an automobile accident. Plaintiffs filed suit for injuries sustained against the alleged tortfeasor,...

Longwell v. Jefferson Parish Hospital Service Dist. No. 1 - 11/29/2005
Panel composed of Judges Edward A. Dufresne, Jr., Clarence E. McManus, and James C. Gulotta, Pro Tempore APPEAL DISMISSED & REMANDED This is an appeal by Jefferson Parish Hospital District No. 1, d/b/a West Jefferson...

Williams v. Enriquez - 11/17/2005
Before WILLIAMS, CARAWAY and LOLLEY, JJ. In this case, appellant, the Patients' Compensation Fund ("PCF"), assigned as error a discrepancy between the amount of the damage awards assessed against the PCF in the trial court's...

Block v. Bernard - 11/4/2005
This appeal involves an action by an attorney to recover an unpaid fee owed by former clients in a personal injury action from attorneys representing an adverse party in that underlying action. The plaintiff-appellant, Jerald P. Block,...

Williams v. Notami Hospitals of Louisiana - 11/4/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ. In this medical malpractice action, the defendant, Lakeview Medical Center, LLC, d/b/a Lakeview Regional Medical Center ("LRMC"), appeals from a trial court judgment rendered in favor of...

Miller v. Fidelity Associates - 11/4/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ. Downing, J. concurs. In this District 5 workers' compensation case, the claimant, Dennis Miller, alleged that he had injured his lower back after he descended a flight of...

Brown v. City of Lake Charles - 11/2/2005
Court composed of Glenn B. Gremillion, J. David Painter, and James T. Genovese, Judges. AFFIRMED. Defendant, the City of Lake Charles ("the City"), appeals the judgment of the trial court finding that Aretha Brown sustained...

Moraus v. Frederick - 11/2/2005
Court composed of Glenn B. Gremillion, J. David Painter, and James T. Genovese, Judges. AFFIRMED IN PART AS AMENDED; REVERSED IN PART; AND RENDERED. This is an automobile accident case where the Defendant UM carrier appeals...

Gilbert v. Reynoso - 11/2/2005
Court composed of Glenn B. Gremillion, J. David Painter, and James T. Genovese, Judges. AFFIRMED. Plaintiffs, Billie Jean Gilbert and Joseph Gilbert, appeal the trial court's judgment granting a motion for summary judgment...

Duchamp v. State Farm Mutual Automobile Insurance Co. - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Marc T. Amy, Judges. AFFIRMED. The plaintiff brought suit for injuries he alleges he sustained in an automobile accident with the defendant in 2000. A jury awarded...

Bates v. King - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. WRIT GRANTED AND MADE PEREMPTORY; REMANDED WITH INSTRUCTIONS. Robert C. King and Jana Cole King (the Kings), who...

Youngblood v. Lee - 11/2/2005
Before WILLIAMS, CARAWAY and LOLLEY, JJ. This personal injury action arises from the Eleventh Judicial District Court, Parish of DeSoto, State of Louisiana. Rodney Arbuckle, in his official capacity as Sheriff of DeSoto Parish,...

Mitchell v. Diamond Offshore Drilling - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir and Marc T. Amy, Judges. AFFIRMED. This is an action to recover damages for personal injuries incurred by a seaman aboard an offshore drilling unit. Plaintiff sought...

Bush v. National Health Care of Leesville - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A Decuir, and Marc T. Amy, Judges. Amy, J., dissents and would grant the exception of prescription. AFFIRMED. STATEMENT OF THE CASE This is a medical malpractice action....

Spears v. City of Scott - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. REVERSED IN PART, AMENDED IN PART, AND RENDERED. This case involves a collision between an unmarked police...

Gentry v. Biddle - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan and Elizabeth A. Pickett, Judges. AFFIRMED AS AMENDED. The Louisiana Patients' Compensation Fund (PCF) appeals a judgment of the trial court...

Adams v. Asbestos Corp. Ltd. - 10/28/2005
Before STEWART, CARAWAY, PEATROSS, MOORE and LOLLEY, JJ. This is an appeal from a summary judgment in favor of the defendant, Eaton Corporation. The trial court determined that asbestos is a covered pathogen under the 1952...

Murphy v. Bernice Community Rehabilitation Hospital - 10/26/2005
Before STEWART, DREW and LOLLEY, JJ. In this medical malpractice action, the jury determined that none of the defendants breached the standard of care in their treatment of the plaintiff, Mattie Murphy. On appeal, Ms. Murphy...

McGinnis v. Waste Management of Louisiana - 10/26/2005
Before WILLIAMS, PEATROSS and MOORE, JJ. Cedric McGinnis appeals a judgment dismissing his personal injury action against Waste Management of Louisiana, L.L.C., its general liability insurer and one of its employees, Edward...

Stemley v. Foti - 10/26/2005
Before GASKINS, PEATROSS & LOLLEY, JJ. Plaintiff, Louis Stemley, appeals the dismissal of his tort action against the Orleans Parish Criminal Sheriff and the Warden of the Richland Parish Detention Center as abandoned. For...

Meseke v. St. Francis Medical Center - 10/26/2005
Before BROWN, GASKINS, and PEATROSS, JJ. Defendant, St. Francis Medical Center, Inc., has appealed from the trial court's judgment denying its exception of prematurity which asserted that, under the provisions of the Louisiana...

Leonard v. Favaloro - 10/6/2005
Panel composed of Judges James L. Cannella, Clarence E. McManus, and James C. Gulotta, Pro Tempore REVERSED AND RENDERED This is an appeal by plaintiffs from an adverse judgment of the trial court in their personal injury...

Hemstad v. Jefferson Parish School Board - 10/6/2005
Panel composed of Judges James L. Cannella, Clarence E. McManus, and James C. Gulotta, Pro Tempore AFFIRMED This is an appeal from a summary judgment rendered in favor of St. Paul Fire and Marine Insurance Company (St....

Lambert v. State - 9/30/2005
Before BROWN, WILLIAMS, and MOORE, JJ. Plaintiffs in this wrongful death/survivorship action are the children of Jimmy Lambert and Peggy Lambert, who drowned on February 19, 2001, shortly after launching their small fishing boat...

Dunnington v. Silva - 9/28/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ. In this appeal, plaintiffs challenge the trial court judgment granting summary judgment in favor of defendants and dismissing their claim for damages. For the following reasons, we...

Kirby v. Field - 9/23/2005
BEFORE: CARTER, C.J., DOWNING AND GAIDRY, JJ. Carter, J of Concurr with reason. Downing, J. Concurr with reasons. The plaintiff-appellant, Troy Kirby, appeals a judgment sustaining peremptory exceptions of no cause of...

Adams v. Owens-Corning Fiberglas Corp. - 9/23/2005
BEFORE: PARRO, KUHN, AND WELCH, JJ. The plaintiffs appeal a judgment granting summary judgment in favor of C. V. Harold Rubber Co., Inc. (CVH) and dismissing their claims against it. We reverse and remand. FACTUAL AND...

Louviere v. State - 9/23/2005
BEFORE: KUHN, GUIDRY, AND PETTIGREW, JJ. Disposition: AFFIRMED. Defendants, The State of Louisiana, The State of Louisiana Department of Education, The State of Louisiana Board of Elementary and Secondary Education, The...

Warren v. Easter - 9/23/2005
BEFORE: CARTER, C.J., PETTIGREW AND MCDONALD, JJ. Pettigrew, J., dissent with reason This matter comes before this court on a writ of certiorari granted to consider whether the automatic stay provision of the Prison...

Carter v. Lakeview Regional Medical Center - 9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ. In this workers' compensation case, the plaintiff appeals a trial court judgment denying her claim for benefits and for penalties and attorney fees. We affirm. FACTS AND...

Kinchen v. Metropolitan Property and Casualty Insurance Co. - 9/23/2005
BEFORE: CARTER, C.J., DOWNING AND GAIDRY, JJ. GAIDRY, J - CONCURS The subject of this lawsuit is an accidental shooting that occurred at Marie Rome's residence on August 11, 2000. Plaintiff appeals a trial court judgment...

Johnikin v. Jong's - 9/21/2005
Before STEWART, CARAWAY & PEATROSS, JJ. Glenda Johnikin appeals from a decision of the Office of Workers' Compensation ("OWC") denying her claim for compensation benefits on the grounds that she falsely denied suffering a...

Jordan v. Willis-Knighton Medical Center - 9/21/2005
Before WILLIAMS, PEATROSS & LOLLEY, JJ. This case arises from a granting of summary judgment in favor of Robert Jordan, on behalf of his deceased wife, Gwen Gow. Ms. Gow died in recovery, after undergoing surgery at Willis...

Hill v. Coregis Insurance Co. - 9/21/2005
Before BROWN, WILLIAMS and MOORE, JJ. Farmers' Insurance Exchange appeals a judgment totaling $100,000 in favor of plaintiffs who avoided a jury trial by limiting their cause of action to $50,000. For the reasons expressed, we...

Degges v. State ex rel Dep't of Transportation and Development - 9/21/2005
Before GASKINS, PEATROSS & DREW, JJ. This appeal arises out of an automobile accident that occurred in Bastrop, Louisiana which killed William Trippe and left his daughter, Terri Degges, and grandson, Joshua Degges, severely...

Bell v. American General Investment L.L.C. - 9/21/2005
Before GASKINS, PEATROSS and DREW, JJ. American General Investment, L.L.C. ("American General") appeals from a judgment against it in favor of the plaintiff, Ericka Bell. We reverse and render judgment in favor of the defendant,...

Gladney v. Milam - 9/21/2005
Before WILLIAMS, PEATROSS and LOLLEY, JJ. The plaintiffs appeal summary judgments in favor of the defendants, Terry Milam d/b/a U-Save Auto Rental, Empire Fire & Casualty Company ("Empire"), Bridgestone/Firestone, Inc.,...

Yellott v. Underwriters Insurance Co. - 8/31/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, Marc T. Amy, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. AMY, J., CONCURS IN PART AND DISSENTS IN PART AND ASSIGNS REASONS. AFFIRMED IN...

Haynes v. United Parcel Service - 8/17/2005
Before BROWN, GASKINS, and PEATROSS, JJ. Finding error in the granting of summary judgment in favor of defendants in this worker's compensation case, we reverse and remand. Facts On August 15, 2001, Frank Haynes...

Sheppard v. Isle of Capri - 8/17/2005
Before STEWART, PEATROSS and MOORE, JJ. Cathey Sheppard filed a disputed claim for benefits arising from an unwitnessed accident at the Isle of Capri casino in Bossier City, where she was a cage cashier. The WCJ found a total...

Bartee v. Children's Clinic of Southwest Louisiana - 8/17/2005
Court composed of Sylvia R. Cooks, Michael G. Sullivan, and Glenn B. Gremillion, Judges. WRIT DENIED. The issue presented in this writ application is the procedure required of a plaintiff for obtaining reimbursement for...

Cunningham v. City of Shreveport - 8/9/2005
Before BROWN, STEWART, GASKINS, PEATROSS, and MOORE, JJ. GASKINS, J., concurs without reasons. PEATROSS, J., dissents with written reasons. STEWART, J., dissents for reasons assigned by J. Peatross. Although...

O'Connor v. Nelson - 7/26/2005
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Walter J. Rothschild APPEAL DISMISSED In this wrongful death lawsuit, plaintiffs appeal from a judgment granting defendants' exception of no right of...

Zulli v. Coregis Insurance Co. - 7/26/2005
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Walter J. Rothschild AFFIRMED. This personal injury action arises from an incident that occurred on September 2, 2001 in St. Charles Parish....

Benoit v. City of Lake Charles - 7/20/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, Marc T. Amy, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED IN PART; REMANDED. ...

Jackson v. State - 6/29/2005
Before WILLIAMS, STEWART and DREW, JJ. Sonya Jackson sued the State of Louisiana and E.A. Conway Medical Center (herein referred to jointly as "Conway") for damages after surgery to remove fibroid tumors from her uterus and to...

Corder v. Lively - 6/29/2005
Before STEWART, GASKINS and MOORE, JJ. The defendants, Dorothy Lively and her insurer, Farm Bureau Insurance Company (Farm Bureau), appeal from a trial court judgment awarding damages to the plaintiff, Harley David Corder,...

Monk v. State - 6/29/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks and J. David Painter, Judges. AFFIRMED IN PART; REVERSED IN PART AND RENDERED. The State of Louisiana, through the Department of Transportation and...

In re Simon - 6/29/2005
(Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that J. Clemille Simon, Louisiana Bar...

Long v. State - 6/29/2005
JUDGMENT REVERSED, CASE REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. JOHNSON, J., dissents and assigns reasons. We granted certiorari to determine two issues: (1) whether 23 U.S.C. §409...

Richard v. Colomb - 6/29/2005
Before: GUIDRY, GAIDRY, and McCLENDON, J.J. In these consolidated medical malpractice cases, the defendant, Dr. John O. Dampeer, appealed the award of $35,000.00 in favor of plaintiff, Ms. Bobbie Jo Richard. Finding that the...

In re Jordan - 6/29/2005
(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Roger W. Jordan, Jr., Louisiana Bar...

In re Carter - 6/24/2005
ATTORNEY DISCIPLINARY PROCEEDINGS This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Arthur L. Carter, a disbarred attorney. PRIOR DISCIPLINARY...

Hanks v. Seale - 6/17/2005
For the above reasons, we conclude that the Fund is precluded from appealing a district court's judgment of liability against a qualified health care provider when the qualified health care provider has elected not to appeal that...

River Birch - 6/15/2005
Application for Rehearing Filed June 29, 2005; Rehearing Denied July 21, 2005 Before: PARRO, KUHN, and WELCH, JJ. The facts in this case are indisputable; the contract at issue is contained in the record and provides the...

Boudreaux v. State - 6/10/2005
Application for Rehearing filed June 23, 2005; Rehearing Denied August 2, 2005 Before: GUIDRY, DOWNING, and GAIDRY, JJ. The State of Louisiana, through the Department of Transportation and Development (the State), appeals a...

Hill v. Shelter Mutual Insurance Co. - 6/10/2005
Before: WHIPPLE, DOWNING, and HUGHES, JJ. This appeal challenges a trial court's determination that wrongful death claimants were entitled to recover, as separately injured persons, the each accident bodily injury limits of an...

Leray v. Nissan Motor Corp. in U.S.A. - 6/10/2005
Before: GUIDRY, GAIDRY, and McCLENDON, JJ. Plaintiffs appeal a partial summary judgment wherein the trial court decreed that the alleged fault of medical malpractice tortfeasors could be presented to the jury, and if proven,...

In re Evans - 6/8/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and J. David Painter, Judges. AFFIRMED. COOKS J. DISSENTS AND ASSIGNS WRITTEN REASONS Plaintiff, Ella Evans, filed a request for the formation...

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