Recent Case Results

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Burnette Armstrong v. HMC Hotel Properties II Limited Partnership

Dewright Peters v. Nissan Forklift Corporation
(March 2008)

Keith W. McDaniel, Lance B. Williams and Quincy Crochet, of McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel in New Orleans, Louisiana recently obtained a unanimous defense verdict in a case tried to a Federal Court jury in New Orleans.  The suit arose from a workplace accident in which the plaintiff, Mr. Peters, crushed his foot while operating a walkie/rider pallet jack at a Wal-Mart distribution center.  In the accident, Mr. Peters, who was 30 years old, crushed nearly every bone in his foot and has since undergone 6 surgeries.  He claimed total and permanent disability from future employment.  Plaintiff asked the jury for $1.9 million in damages. 

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Burnette Armstrong v. HMC Hotel Properties II Limited Partnership

Fenkel v. St Paul Mercury Insurance Company et al
(November 2007)

Michael Sistrunk, Kyle Kirsch, and Matthew Garver secured a summary judgment in favor of United Services Automobile Association (USAA), which was upheld on appeal by the Fifth Circuit. In Fenkel, the plaintiff, a Colorado resident who was in Louisiana for a trade show and operating a rental vehicle, was severely injured by a drunk driver in an automobile accident when his vehicle was struck by a vehicle operated by an Illinois resident. Fenkel sought benefits from USAA under his UM coverage. The issue in this case was the choice of law to be applied to the USAA policy. If Colorado law was applied to the USAA policy, Fenkel would not be entitled to any UM benefits because Colorado law allows an insurer to offset any funds paid to the insured up to the underlying UM limits. If Louisiana law applied to the USAA policy, USAA would be liable for its policy limits. Michael Sistrunk, Kyle Kirsch, and Matthew Garver successfully argued in brief and oral arguments that Colorado law applied to the USAA policy and summary judgment was properly granted to USAA. The Fifth Circuit agreed, holding that the USAA policy was written and delivered in Colorado, Fenkel was a Colorado resident, the parties to the policy contemplated application of Colorado law, and that it was equally clear that neither party contemplated that another state’s laws would apply to the policy.

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Burnette Armstrong v. HMC Hotel Properties II Limited Partnership

MBK, et al v. Parish of St. Bernard, et al
(October 2007)

In this case, Mark Hanna and Gene Rhee secured a dismissal for the Lake Borgne Basin Levee District. The plaintiffs were developers of a residential subdivision in the Parish of St. Bernard who filed suit against the Levee District as well as the Parish and the State of Louisiana through the Department of Transportation and Development claiming damages in the amount of 1.46 million dollars. The plaintiffs alleged that there was an unconstitutional taking of the subdivision property because a Parish ordinance mandated certain drainage requirements. The Louisiana Fourth Circuit Court of Appeal reversed the ruling of the 34th Judicial District Court and found in favor of the Levee District and the other defendants. Specifically, the Fourth Circuit found that the defendants were always ready to consider other options on the drainage requirement issue but the plaintiffs never submitted any revised plans in this regard. Therefore, the defendants never reached a final decision that was adverse to the plaintiffs and thus, their claims were not ripe for judicial review.

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Barbara Lopicolo v. USAA
(August 2007)

Peter Wanek and Devin Fadaol won a victory for USAA in this four day jury trial before Judge Hand in 24th JDC for the Parish of Jefferson. After stipulating to liability, the case was tried on the issue of damages and a loss of earning capacity claim. Plaintiffs asked for $275,000.00 in closing argument, and were awarded a total of $8,000.00 plus $16,000.00 for medical bills. The jury awarded zero for the loss of earning capacity claim, loss of consortium, loss of enjoyment of life, and future pain and suffering/mental anguish.

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Wilbert Johnson v. U-Haul Company of Louisiana
(August 2007)

Mark Hanna, Devin Fadaol, and Frank Catalano won a victory for U-Haul before the Louisiana Court of Appeals for the Fourth Circuit. The issue was whether U-Haul is liable to plaintiff for an accident in which its lessee failed to return the rental truck, and the rental truck was involved in a hit-and-run accident three weeks later. After briefing and oral argument, the Fourth Circuit Court of Appeals affirmed the summary judgment granted in favor of U-Haul holding that U-Haul was not liable under the circumstances as it made sufficient attempts to recover the vehicle, and the Court refused to establish any time frame under Louisiana law by which rental companies were required to recover a vehicle to avoid liability to third parties.

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Alfred Kelly/Kenneth Prejean/Cypress Bellard v. U-Haul Company of Louisiana
(June 2007)

Devin Fadaol won a victory for U-Haul in this special investigations unit/fraud case. Devin Fadaol successfully argued in summary judgment that the accident was staged based on the testimony of the U-Haul vehicle driver and another witness. Judge Rubin in Lafayette granted the summary judgment dismissing U-Haul and its driver from the lawsuit, and granted a $7,500.00 bond for costs against the plaintiffs.

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Sheri Newcomer v. Louisiana Insurance Guaranty Association, et al
(May 2007)

C. Devin Fadaol won a victory for LIGA in a two week jury trial before Judge Ethel Simms Julien in Civil District Court for the Parish of Orleans. As a result of an automobile accident, Sheri Newcomer alleged various injuries including brain damage and herniated discs against the various individual defendants and insurers involved in the litigation. At the close of plaintiff’s case in chief, Judge Julien granted a Directed Verdict in favor of LIGA dismissing it from the lawsuit with no exposure.

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