Devon Fountain v. Walmart
Devin Fadaol and Sinnott Martin obtained a summary judgment in favor of Walmart in the federal district court for the Middle District of Louisiana. The plaintiff alleged injuries from a slip-and-fall on a piece of a cardboard box in one of the store aisles. Devin and Sinnott obtained a dismissal of the lawsuit by successfully arguing no liability based on the open and obvious nature of the condition.
Carolyn Saia v. Walmart
In January of 2024, Devin Fadaol and Chris Lomax secured a victory for Walmart in a one-week jury trial in Baton Rouge state court. The plaintiff alleged neck and lower back injuries from a box which fell on her after it was pushed or contacted by another customer. The box fell from a stocking cart that was allegedly left unattended by Walmart employees. Walmart defended the case on liability, medical causation, and the extent of alleged past and future damages.
Plaintiff asked for over a million dollars in total damages for injections/rhizotomies, a lower back surgery, and […]
Katiti Douglas, et al v. Ryder Truck Rental
Katiti Douglas, et al v. Ryder Truck Rental, the case involved a collision between a Ryder truck and a city passenger bus with multiple passengers involved. Expert accident reconstruction testimony was relied upon and accepted by the court over objection by plaintiff’s counsel. After a three-day trial, judgment was rendered in favor of Ryder. The trial was in CDC (Orleans Parish), May 2018, and observed by students of a local law school, per the judge’s request.
Terrance Nelson v. William Pugh, Club Secrets, and Ledrick Hall
Terrance Nelson v. William Pugh, Club Secrets, and Ledrick Hall (18th JDC for the Parish of Iberville, No. 58,640). The plaintiff was severely injured during an altercation at a nightclub and filed suit against the nightclub. The nightclub filed a third-party demand against its liability insurer, seeking defense and indemnity for plaintiff’s claims. Plaintiff later amended his lawsuit and added the insurance company as a defendant. The liability insurer filed a Motion for Summary Judgment based on the insurance policy’s assault or battery exclusion. The trial court granted summary judgment in favor of the insurance company, ruling the […]
Mary Joy Lacaze v. Walmart
Devin Fadaol and Chris James-Lomax won a victory for Walmart in this personal injury lawsuit alleging multiple surgical injuries and a traumatic brain injury. Devin and Chris obtained a dismissal of plaintiff’s lawsuit through Motion for Summary Judgment in the federal district court for the Middle District of Louisiana, by successfully arguing lack of defect in this parking lot trip-and-fall accident.
Robert McMorris v. Winn-Dixie
Devin Fadaol and Samantha Simmons won a victory for Winn-Dixie in this personal injury lawsuit. Devin and Samantha successfully argued lack of constructive notice and fraud during oral argument on the Motion for Summary Judgment. Judge Vincent J. Lobello granted the MSJ dismissing plaintiff’s lawsuit with prejudice.
Yanicet Garrido v. Walmart
Devin Fadaol and Denman Mims won a victory for Walmart in this personal injury lawsuit alleging multiple surgical injuries and disability. Devin Fadaol successfully argued lack of liability using video footage evidence during oral argument on the Motion for Summary Judgment hearing. Judge Danyelle M. Taylor granted the MSJ dismissing the plaintiff’s lawsuit
Stephen D. Faucheux v. Cumulonimbus, L.L.C., et al., 2022-1310 (La.App. 1 Cir. 7/27/23), 371 So.3d 498
Stephen D. Faucheux v. Cumulonimbus, LLC, et al. Motion for Summary Judgment granted on a premises liability claim. The trial court found no liability for the property owner for an ATV accident on the defendant’s property. Plaintiff argued that a low-hanging wire from a fence post caused him to fall off his ATV and that the wire was defective because it created a hazardous condition on the property and an unreasonable risk of harm. Plaintiff retained a liability expert who opined that the low-hanging wire created a hazardous condition because it was defectively installed and designed. Defendants argued […]