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, LLC, et al
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 […]
Louisiana Stadium & Exposition District, et al. v. BFS Diversified Products, et al., 49 So.3d 49 (La.App. 4 Cir. 2010)
Following the destruction of the roof of the Louisiana Superdome during Hurricane Katrina in 2005, the Louisiana Stadium & Exposition District and its insurers filed suit against RoofTech, who was a roofing consultant on the Superdome roofing project from 2000-2002, along with other subcontractors on the project, for the deficient design of the roof system. RoofTech’s professional liability insurer provided a defense under the terms of its policy. However, USF&G, RoofTech’s commercial general liability insurer, refused to provide RoofTech a defense based on the CGL policy’s professional services exclusion. RoofTech filed a third-party demand against USF&G for defense […]
Meunier v. Home Depot USA, Inc.
Lance B. Williams and Briana E. Whetstone obtained a dismissal on behalf of MMDI, Inc. in a products liability matter based on the Eastern District Court of Louisiana’s lack of personal jurisdiction. Plaintiff brought suit alleging MMDI was liable for personal injuries caused when a trailer’s handle came loose and struck him in the nose. The subject trailer was manufactured by MMDI in North Carolina and then sold to another North Carolina company and delivered to South Carolina. Federal Judge Carl J. Barbier dismissed the plaintiff’s claims against MMDI after agreeing that plaintiff failed to show that MMDI […]
Yvette Pacaccio v. Steven Hoover, et al.
Yvette Pacaccio v. Steven Hoover, et al. Motion for Summary Judgment granted on plaintiff’s premises liability claim. The trial court found no liability for adjoining property owner for catastrophic ATV accident which left a young man with severe and debilitating brain injuries. The accident occurred during graduation party on neighboring property. Plaintiff argued the adjoining landowners had garde over an ATV trail and failed to properly maintain the alleged trail. The court found no legal duty where the adjoining property owners did not host or supervise the party, did not own, control, or have custody of the parcel […]