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In Batiste v. Bayou Steel Corp., 10-1561 (La.10/1/2010), the Louisiana Supreme Court revisited the standard for establishing intentional tort as an exception to Worker’s Compensation exclusivity under Louisiana Revised Statute 23:1032(B). The plaintiff was tightening an electrode (in the course and scope of his employment) when his wrench slipped, causing him to lose his balance and fall 35 feet to the ground. The plaintiff filed a wrongful death suit alleging the accident was substantially certain to happen, and therefore fell outside the exclusivity of the worker’s compensation scheme of recovery.

The Louisiana Supreme Court reaffirmed the test set forth in Bazley v. Tortorich, 397 So.2d 475 (La. 1981), for establishing an intentional act, which requires the actor to either 1) consciously desire the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) know that the result is substantially certain to follow from his conduct, whatever his desire may be as to that result.

The Louisiana Supreme Court also reaffirmed the “substantial certainty” test as set forth in Reeves v. Structural Preservation Systems, 98-1795 (La. 3/12/99), 731 So. 2d 208, 213:

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The Fourth Circuit Court of Appeal in Guillot v. DaimlerChrysler Corp., 2008-1485 (La. App. 4 Cir. 9/24/10), upheld awards of $2,775,000 to a mother and $2,100,000 to a father for the death of their 17 day old brain damaged baby who was surgically removed from the mother’s abdomen following an accident, and was removed from life support 17 days later. The mother was pinned between the vehicle door and a brick column when the defective Jeep Cherokee rolled backwards.

The Court of Appeal reasoned as follows: “We do not find that the trial court abused its vast discretion with respect to the general damage award, nor do we find that the award shocks the conscience. It is indisputable that the unique facts of this case are extraordinarily tragic. Additionally, the Louisiana Supreme Court has held that ‘[t]he determination of the severity of mental anguish of distress resulting from the death of another is a fact question which depends upon several components, including, but not limited to, the closeness of the ties between the parties, the degree of love in the relationship, and the length of the relationship.’ Herbert v. Webre, 2008-0060 (La.5/21/08), 982 So.2d 770, n. 7 (citing Hill v. Shelter Mut. Ins. Co., 05-1783 (La.7/10/06), 935 So.2d 691, 695).”

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Effective January 1, 2010, Louisiana’s Compulsory Motor Vehicle Liability Security Law requires every motor vehicle registered in Louisiana to be insured with minimum limits of 15/30/25. La.R.S. 32:900.

15 = per person maximum for bodily injury or death in one accident

30 = maximum for bodily injury or death to two or more persons in one accident

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Paul H. Dué of the Baton Rouge, Louisiana Personal Injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. has been named by Louisiana Super Lawyers magazine as one of the top attorneys in Louisiana for 2011. This is the fifth year in a row that Paul has been recognized. Only five percent of the lawyers in the state are named by Super Lawyers. The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers will reach more than 15 million readers. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world’s leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

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Louisiana State Police issued a reminder to Louisiana motorists to “drive with care and be especially aware of school zone speed limits, school buses loading or unloading children, and children walking or biking to school.” Most school zones and reduced speed limits are in effect from 7:00 am to 9:00 am and 2:00 pm to 4:00 pm.

Louisiana State Police also remind Louisiana motorists that they must stop not less than thirty feet from a stopped school bus and wait for the bus lights to be turned off before proceeding. Passing a stopped school bus that is picking up or dropping off a child can result in substantial violations including suspension of your driver’s license.
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A Kinder, Louisiana man on a Honda three-wheel motorcycle was killed on August 26, 2010 on U.S. Highway 165, when a 2004 GMC truck operated by a Lake Charles man allegedly made an illegal left turn across the motorcycle’s path from the shoulder of the highway in an attempt to access a cross-over.

All too often motorcycle operators are injured or killed because vehicle operators “did not see” the motorcycle.” This is no excuse. Vehicle operators are required to keep a proper look out and see all other vehicles on the road, including motorcycles.
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Commissioner of Insurance Jim Donelon told the crowd at “The State of the Insurance Market in Louisiana: Five years Post-Hurricanes Katrina and Rita” that the insurance market in Louisiana is stable, though more expensive. Commissioner Donelon attributed the stabilization to the $30 Billion paid by insurers in the aftermaths of Hurricanes Katrina, Rita, and Gustav, and to new consumer protection laws enacted by the Louisiana Legislature. As a result of the claims paid, nearly every home in the direct path of the storms has a new roof and the general infrastructure has been strengthened. And most weak trees were downed by the storms and are no longer a hazard to policy holders.

Consumer protection laws include a two year prescriptive period in which to bring claims against insurers, limiting hurricane deductibles to one per year, and increasing LIGA’s coverage limit for homes to $500,000. Other laws enacted that have strengthened the insurance market include a statewide building code and a percentage named storm deductible on homeowner’s policies.

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A St. Charles Parish woman burned last Wednesday in Paradis, Louisiana, has died as a result of her severe burn injuries. The victim was found by the local volunteer fire department outsider her home and was transported to the Baton Rogue General Mid-City Burn Center. Investigators believe natural gas piping in the kitchen leaked, resulting in a gas vapor explosion.

Since 1970, Baton Rouge, Louisiana has been fortunate to be the home of the Baton Rouge General Burn Center. The Burn Center cares for more than 800 burn victims every year suffering from flame, scald, electrical, chemical and other burn-related injuries. The burn center is one of only 125 specialized burn centers in the United States.
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On August 20, 2010, another Yamaha Rhino rollover accident claimed the life a Louisiana woman and injured a Louisiana teenager. The accident occurred on La. Highway 124 around Harrisonburg, Louisiana. The Louisiana woman lost control of the 2004 Yamaha Rhino and exited the right side of the road, and then reentered the road and began rolling over.

The Yamaha Rhino is increasingly the subject of product liability lawsuits alleging instability because abrupt maneuvers or aggressive driving cause rollovers even on flat, open areas.
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Carrying on the tradition of academic excellence at the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., Scott Andrews is teaching Insurance Law at the Southern University Law Center for the Fall 2010 semester. The Southern University Law Center serves one of the most racially diverse student bodies and provides opportunity to under-represented racial, ethnic, and economic groups. Scott Andrews joins the faculty ranks of the senior member of the firm, Paul H. Dué, who previously taught at the Southern University Law Center, and the Of Counsel to the firm, David W. Robertson, who is the W. Page Keeton Chair in Tort Law at the University of Texas School of Law.