Kurt Albert, et al. v. Kenneth Jordan, et al.
United States District Court for the Western District of Louisiana, Docket No. 05-516, 517, 518, 519
Michael R. Sistrunk and Kyle P. Kirsch obtained a favorable verdict in the United States District Court for the Western District of Louisiana for Landstar in a rear end collision wherein the defendant driver had fallen asleep at the wheel and rear ended a pick up truck on I-10. Defendants were successful in having the court issue a limine ruling which effectively prevented plaintiff’s vocational rehab and economic experts from testifying to the opinions they rendered in their reports. After this ruling two of the four plaintiffs claims settled and the remaining two plaintiffs went to trial. For Kurt Albert the court only awarded $18,152.43 rejecting any treatment he received from Dr. Robin because the doctor’s “opinion as to causation is unsound and unreliable.” The court awarded Mr. Bradley $32,818.63. Following the trial the plaintiffs refused to sign the checks for the amount of the judgment because the amount awarded was less than the costs incurred by plaintiff’s counsel. As a result the defendants were forced to place the judgment amount into the registry of the court. The court finally released all the funds to plaintiffs’ counsel as the amount of costs incurred by plaintiff’s counsel incurred exceeded the amount of money in the court’s registry.