Archive | December, 2005

Reginald Simon, et al. v. BASS, LLC

Reginald Simon, et al. v. BASS, LLC
(December 2005)

Michael R. Sistrunk and Kyle P. Kirsch won a victory in favor of Anheuser Busch, Inc. in the case entitled Reginald Simon, et al. v. BASS, LLC, et al. in 17th Judicial District Court for the Parish of Lafourche. Plaintiffs sued Anheuser Busch, Inc. and other defendants for a severe back injury which required surgery that he sustained in a boating accident during the 2003 Bassmaster Classic. Plaintiffs’ claims against Anheuser Busch, Inc. were based on Anheuser Busch, Inc. being a promoter/sponsor of the 2003 Bassmaster Classic. The Motion for Summary Judgment was opposed by not only the plaintiff but also the defendants. However, the trial court ruled in favor of Anheuser Busch, Inc. placing stringent guidelines on when a promoter/sponsor of an event can be held responsible.

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Rosamond Nicolosi, et al. V. Jerry Chastain, et al.

Rosamond Nicolosi, et al. V. Jerry Chastain, et al.
(December 2005)

Michael R. Sistrunk and Kyle P. Kirsch won a victory in favor of Landstar Inway, Inc. in the 18th Judicial District Court for the Parish of Iberville in an 18 wheeler accident when their summary judgment was granted based on the fact that the tractor trailer was not hauling at the time of the accident despite the fact that the vehicle was being operated with a Landstar placard.

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Calvin Johnson v. U-Haul and Republic Western – Ascension Parish Court

Calvin Johnson v. U-Haul and Republic Western – Ascension Parish Court
(November 2005)

Calvin Johnson claimed that he was inside his vehicle during a parking lot accident involving a U-Haul vehicle. Devin Fadaol defended the case at trial arguing that Calvin Johnson was actually inside the store paying for gas when the impact occurred in the parking lot. After a bench trial before Judge Marilyn Lambert, the judge found that Calvin Johnson was not in the vehicle and awarded zero dollars for personal injury and alleged lost wages. Calvin Johnson was awarded $500.00 for his property damage.

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Dina Azar, et al. V. Taryn L. Alfortish, et al.

Dina Azar, et al. V. Taryn L. Alfortish, et al.
(October 2005)

Michael R. Sistrunk and Kyle P. Kirsch won a victory in favor of Landstar Ranger, Inc. in the 15th Judicial District Court for the Parish of Lafayette in an 18 wheeler accident when the plaintiff agreed to voluntarily dismiss their wrongful death claim and personal injury claims against Landstar for an alleged defective DOT/ICC bar when their vehicle was rear ended by another vehicle pushing plaintiff’s vehicle into Landstar’s trailer.

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Duet v. Ford Motor Company

Duet v. Ford Motor Company
(August 2005)

Lance B. Williams and Keith W. McDaniel obtained a defense verdict after a week long jury trial in Thibodaux, LA. Plaintiff, Melissa Duet, was driving her 2000 Ford F-150 when another vehicle suddenly pulled in front of her. She struck the vehicle, resulting in nearly $15,000 damage to the Ford. Her airbag did not deploy, and she claimed various cervical, lumbar and head trauma resulted from the system’s failure to deploy. She ultimately underwent a discectomy and fusion of the C5-6 vertebrae. Plaintiff alleged that Ford was liable under the Louisiana Product Liability Act for failure to comply with an express warranty, i.e., that the airbag would deploy under similar circumstances. Plaintiff presented a biomechanical expert to support her claim that her injuries were the result of the failure of the airbag to deploy. Those claims were rebutted by Ford’s design and biomechanical experts, who demonstrated that the forces were insufficient for the airbag to deploy and that plaintiff’s injuries were pre-existing and unrelated to the accident. Plaintiff asked for $250,000 in damages. The jury returned a unanimous verdict after two hours of deliberation.

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Thomas Buell

Thomas Buell
(July 2005)

Kyle P. Kirsch won a victory in favor of the City of Mandeville, Police Chief Thomas Buell, Detective Wade Major and Officer Kenny Lemulle in the case entitled Derrick Bramlett, et al. v. Thomas Buell, et al. in United States District Court for the Eastern District of Louisiana. Derrick Bramlett sued defendants for a shooting that took place on a Mardi Gras parade route in Mandeville, Louisiana. Mr. Bramlett was shot a total of three times because the vehicle he was driving was headed toward a crowd of bystanders that were watching the parade and had their backs to Bramlett. The trial court granted defendants summary judgment motion dismissing all of plaintiffs federal claims with prejudice because it found that the police officers acted reasonably in using deadly force to subdue Bramlett. Mr. Bramlett’s remaining state law claims were dismissed in state court via an Exception of Res Judicata/Motion for Summary Judgment.

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Gibson v Ford Motor Company

Gibson v Ford Motor Company
(April 2005)

24th JDC, Jefferson Parish, LA. Judge Guidry. McCranie Sistrunk Attorneys represented Ford. A 1996 Lincoln subject to an ignition switch recall caught fire and heavily damaged plaintiff’s home. Also alleged were emotional damages that caused the break up of plaintiff’s marriage. Ford alleged the fire was not caused by the recall due to forensic evidence. Because the vehicle was destroyed by plaintiff’s insurance company, Ford could not offer an alternative theory. After a 2 day bench trial before Judge Guidry a defense verdict for Ford was entered dismissing all claims.

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Windsor Inn v Hyundai Motor America

Windsor Inn v Hyundai Motor America
(April 2005)

US District Court, Western District of LA., Monroe, LA. Judge James. McCranie Sistrunk Attorneys represented Hyundai. A 1999 Hyundai Elantra caught fire and burned down a 40 unit motel. Hyundai was sued and a claim made that a defect in the car’s radio caused the fire. Hyundai alleged the fire was caused by arson. An 8 person jury returned a defense verdict for Hyundai after 40 minutes of deliberation following a one week trial.

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American Central Insurance Company, et al v. Hyundai Motor America

American Central Insurance Company, et al v. Hyundai Motor America
(April 2005)

McCranie Sistrunk Attorneys won a victory in favor of Hyundai Motor America in the case entitled American Central Insurance Company, et al v. Hyundai Motor America in the United States District Court for the Western District of Louisiana, Monroe Division.

Plaintiffs asserted a products liability claim against Hyundai after a fire that originated in a 1999 Hyundai Elantra spread to an apartment complex and neighboring hotel. Plaintiffs, the subrogated property insurers and the owners of the apartment complex, claimed that a defect in the car radio caused the fire. Plaintiffs sought in excess of $900,000 in property damage and business losses. An unanimous verdict was returned by the jury and Hyundai Motor America was found to be 0% liable.

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Lennox Industries Inc.

Lennox Industries Inc.
(April 2005)

Thomas P. Anzelmo obtained a ruling from the Louisiana First Circuit Court of Appeal on behalf of Lennox Industries Inc., reversing the trial court’s denial of its Motion for Summary Judgment. The First Circuit found that Lennox was not liable in a case involving substantial personal injury and property damages allegedly related to toxic mold exposure.

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