Archive | December, 2004

Shirley Kimble, et al. v. East Jefferson General Hospital

Shirley Kimble, et al. v. East Jefferson General Hospital
(September 2004)

Thomas P. Anzelmo won an important victory for East Jefferson General Hospital (“EJGH”) in the 24th Judicial District Court in the case entitled Shirley Kimble, et al. v. East Jefferson General Hospital. The plaintiff suffered injuries as a result of a fall off a hip adduction machine at the East Jefferson General Hospital Wellness Center. The court found the plaintiff 100% at fault and did not assess damages against EJGH.

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Joyce R. Carter v. Fruit of the Loom, d/b/a Vidalia Apparel, et al.

Joyce R. Carter v. Fruit of the Loom, d/b/a Vidalia Apparel, et al.
(August 2004)

Lauren A. Welch won a victory (August 2004) in favor of Provident Life and Accident Insurance Company in the case entitled Joyce R. Carter v. Fruit of the Loom, d/b/a Vidalia Apparel, et al. in the U.S. District Court, Western District of Louisiana.

The long-term disability (LTD) policy issued by Provident provided that after an insured had been disabled from his own occupation for twenty-four months, disability benefits would only continue if the insured was unable to perform any occupation for which he was suited based on education, training, or experience. After paying the plaintiff under the “own occupation” provision, Provident terminated payment of benefits when the medical data submitted on behalf of the plaintiff indicated that she could perform light or sedentary work under the “any occupation” provision. While the plaintiff challenged Provident’s reliance on medical data only, and claimed that Provident abused its discretionary authority when it failed to obtain an opinion from a vocational expert, the District Court specifically held that “it was not necessary to obtain expert testimony as to claimant’s residual functional capacity.” The District Court concluded that “Provident extended every benefit of the doubt to claimant; however, the evidence does not support that Carter is disabled.” Plaintiff’s claims were dismissed, with prejudice.

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Ernest and Marina Howells v. Cincinnati Ins. Co.

Ernest and Marina Howells v. Cincinnati Ins. Co.
(July 2004)

Michael Sistrunk and Peter Wanek won a victory in favor of Cincinnati Insurance Co in the case entitled Ernest and Marina Howells v. Cincinnati Ins. Co. in the 24th Judicial District Court before the Honorable Judge Benge. Plaintiffs were involved in a motor vehicle accident on January 1, 2000. The defendant driver was an employee of Cincinnati’s insured. Cincinnati contended the employee was driving the van without permission because he was on his way home from a New Years Even party. The defendant driver’s blood alcohol content was .194%.

Plaintiffs requested $100,000 in general damages and $200,000 in punitive damages. The jury returned a verdict finding the employee was driving with implied permission, but the jury only awarded $12,395 to Ernest and $11,000 to Marina, including medicals, which alone totaled $25,000. The jury also found the plaintiff to be at 5% fault. No punitive damages were awarded.

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Eric Costello v. Yvette Hewitt, et al

Eric Costello v. Yvette Hewitt, et al
(July 2004)

Thomas P. Anzelmo won a victory in favor of State Farm in the case entitled Eric Costello v. Yvette Hewitt, et al before Ad Hoc Judge Paula Brown in Civil District Court in Orleans Parish. Our insured, Yvette Brown, rear-ended the vehicle driven by the plaintiff. The court found the plaintiff cut in front of our insured, creating a sudden emergency, for which she was not at fault.

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Felicia McDougle v. Lockheed Martin

Felicia McDougle v. Lockheed Martin
(July, 2004)

 McCranie Sistrunk Attorneys won an exception of prescription dismissing plaintiff’s lawsuit in the case entitled Felicia McDougle v. Lockheed Martin in Civil District Court for the Parish of Orleans. Plaintiff fax filed her lawsuit, but failed to timely pay her fees under LSA-R.S. 13:850. The court held the failure to pay fees did not interrupt prescription and, therefore, the case had prescribed.

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Go Play, LLC, David Dominguez v. Rapid Fire

Go Play, LLC, David Dominguez v. Rapid Fire
(July 2004)

McCranie Sistrunk Attorneys won a victory in favor of Rapid Fire in the case entitled Go Play, LLC, David Dominguez v. Rapid Fire in 1st Parish Court in Jefferson Parish. Mr. Tusa obtained a directed verdict in this commercial contract case, dismissing all of plaintiffs claims and at their cost.

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Anthony Hill v. Amica Mutual Ins. Co.

Anthony Hill v. Amica Mutual Ins. Co.
(June 2004)

Donna Wood won a victory in favor of Amica in the case entitled Anthony Hill v. Amica Mutual Ins. Co. in Civil District Court for the Parish of Orleans. Amica field an Exception of No Cause of Action and No Right of Action to Plaintiffs’ Claims for additional damages under LSA-R.S. 22:658 and 1220 as the surviving heirs of their deceased mother against her UM carrier. Plaintiffs were the major, non-resident children of the insured and the limits of the mother’s UM policy were paid to them and two other siblings. Plaintiffs claimed the payments were untimely. Amica claimed that only an insured has the right to file this action and this action is not heritable. The Court granted Amica’s Exception.

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Meyers, et al.. v. U-Haul Company of Louisiana, et al.

Meyers, et al.. v. U-Haul Company of Louisiana, et al.
(May 2004)

Michael R. Sistrunk and Kyle P. Kirsch obtained dismissal of the plaintiffs claims in favor of U-Haul and Republic Western Insurance Company in a case entitled Yolanda Meyers, et al. v. Christina Pepp Seals et al., 02-54938 First City Court for the City of New Orleans before the Honorable Charles Imbornone. The dismissal was obtained after evidence of collusion was adduced between the driver of U-Haul vehicle and the plaintiffs. This information led to the withdrawal of the attorney on behalf of the plaintiffs, plaintiffs refusing to attend their noticed depositions and eventually a dismissal of their claims with prejudice.

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N. Abramson v. N. Jurkovic/United States Automobile Assn.

N. Abramson v. N. Jurkovic/United States Automobile Assn.
(May 2004)

Peter J. Wanek won a victory in favor of USAA in the case entitled N. Abramson v. N. Jurkovic/United States Automobile Assn. in the Civil District Court for the Parish of Orleans in May 2004. Plaintiff, who was a lawyer himself, sued USAA claiming 5 years of medical treatment and future neck surgery resulting from a motor vehicle accident. Plaintiff demanded $186,000, including $6,200 in past medicals, and $30,000 in future medicals. Although USAA had the plaintiff on surveillance video playing softball and other sports, the judge would not allow the tape into evidence. Even so, the jury, after 1 ½ hours of deliberation, awarded only $6,000 in general damages and $1,100 in past medicals. They rejected plaintiff’s claim for future medicals in its entirety. The jury also found the plaintiff to be 5% at fault.

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Barbarin v. Kramer and USAA

Barbarin v. Kramer and USAA
(May 2004)

Peter Wanek won a victory in favor of USAA in the case entitled Barbarin v. Kramer and USAA in Judge DiRosa’s court in CDC. The plaintiff sustained injuries when our insured hit her as she correctly exited a parking lot. Plaintiff agreed to stipulate damages were under $50,000, even though they originally demanded well over $100,000. After a two day trial, the judge returned a verdict awarding the plaintiff $10,000, plus his medicals.

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