Archive | April, 2017

Jessica Faust v. United Services Automobile Association

Jessica Faust v. United Services Automobile Association
(April 2017)

Peter Wanek received a defense verdict from a jury in the 34th Judicial District Court/St. Bernard parish, Judge Jeanne Juneau, for a rear end auto accident for client, USAA. Ms Faust alleged that she suffered an exacerbation of a herniated disc and was offered lower back fusion surgery only after the accident. The defense alleged that the plaintiff returned to her pre-accident level of pain, and that her surgery was related to the previously diagnosed herniated disc. Plaintiff had received $15,000 from the primary insurer, and USAA had tendered $15,799. The jury awarded $9,799, less than what had been tendered presuit, resulting in a net zero verdict. Poll of jury was 12-0.

Comments { 0 }

Casey Krueger vs. La Quinta Inn & Suites

Casey Krueger vs. La Quinta Inn & Suites
(April 2017)

Mike Sistrunk and Matt Garver obtained a defense verdict for LQ Management, LLC (La Quinta’s management company) following a 3 day jury trial in the 19th Judicial District Court for East Baton Rouge Parish.  On August 22, 2010, Krueger was injured when he stepped on a large piece of glass while using the La Quinta pool.  Krueger suffered a complex laceration on the bottom of his foot that severed several tendons and required surgical intervention.  Krueger alleged that La Quinta was negligent in its operation and inspection of the pool and sought damages of over $350,000.    La Quinta maintained that its employees regularly inspected the pool area and that the pool, and the surrounding area, was free of trash and debris when the incident occurred.  Further, the plaintiff presented no evidence that a La Quinta employee was aware of the foreign body in the pool or that the foreign body was in the pool for any length of time before the injury.  The plaintiff theorized that a full trashcan in the pool area was evidence that the pool inspection was lacking.   The jury found by a vote of 11-1 that La Quinta did not know, nor should it have known, of the defect in the premises prior to the injury and La Quinta was free from fault.  As a result, judgment on the jury verdict in favor of La Quinta was entered by the trial judge.

Comments { 0 }