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re: Louisiana Scaffold Builder wins $411 million Verdict. Largest in Louisiana History.
Posted on 3/5/25 at 5:12 am to X123F45
Posted on 3/5/25 at 5:12 am to X123F45
quote:
I don't think 411 million is needed for the guy. I do think 411 million is needed to discourage this sort of behavior from companies.
They will never pay a penny most likely but what it ought to do but won't is make companies lose their arrogance and rely on workers comp as the liability limit it is meant to be. Had they done the right thing from the get go it is doubtful they would have paid 10% of what they now face. Instead they chose to pretend as if they had no part in it and the injured party was lying, like most employers will do in the hope of keeping their workers comp rating as low as possible so they can pocket another $100 or so a month.....
2
Posted on 3/5/25 at 6:18 am to AwgustaDawg
quote:
They will never pay a penny
Correct because we have gotten rid of the penny.
They will have to pay over $400 million because that what the verdict said. Do you not understand how our legal system works?
Posted on 3/5/25 at 6:26 am to forkedintheroad
quote:
Anyone who celebrates this verdict has zero room to bitch about the cost of insurance.
You’re right. Small businesses owners already face unaffordable premiums especially contractors. We’re only helping companies like Brock acquire the next small employer due to these unaffordable premiums and the every day problems they face running a business.
Posted on 3/5/25 at 6:27 am to Chastains
And the shysters will take 40%, plus whatever money they advanced the family while the trial was ongoing.
Great example of why our insurance rates are so high, and why businesses don’t want to come here. And we will never have meaningful tort reform as long as we keep electing trial lawyers as Governor and filling the legislature with them.
Great example of why our insurance rates are so high, and why businesses don’t want to come here. And we will never have meaningful tort reform as long as we keep electing trial lawyers as Governor and filling the legislature with them.
Posted on 3/5/25 at 6:34 am to Icansee4miles
How much would a company like that realistically be able to pay? $10 mil? $20 mil? Anything more than that is just going to bankrupt them. What kind of insurance would a company like that carry? Certainly not more than $50 mil.
Posted on 3/5/25 at 6:39 am to tigerinthebueche
quote:
$411M? Well that certainly won’t have a negative effect on businesses in the state! Good
Lord, the plaintiff certainly should be compensated, but talk about ridiculously egregious awards. How can they begin to justify that amount?
I'm guessing that the amount is meant to be punitive and an example since Brock attempted to cover up the whole thing.
Posted on 3/5/25 at 6:39 am to Chastains
Not saying that, it may have been slightly embellished but most of those big companies like that absolutely will not accept fault.
They are gonna look for every way possible to nail the employee to the wall.
That’s why they have policies that are a cover all type of policy that pretty much no matter what you do, they got you
They are gonna look for every way possible to nail the employee to the wall.
That’s why they have policies that are a cover all type of policy that pretty much no matter what you do, they got you
Posted on 3/5/25 at 8:18 am to forkedintheroad
quote:
Anyone who celebrates this verdict has zero room to bitch about the cost of insurance.
We see people on here constantly starting threads about how to get off jury duty. They are the problem with runaway verdicts.
Posted on 3/5/25 at 8:47 am to Lakeboy7
quote:
Has to be gross negligence by a fellow employee (or intentional tort) to get out of comp.
It's the substantial certainty test to get out of the exclusivity of the workers' compensation provisions. And it is a high burden.
Here's just an example of it being applied by the Louisiana Supreme Court:
quote:
In Reeves, 731 So.2d at 208–209, the supreme court again addressed the question of whether the substantial certainty requirement of the intentional act exception to the exclusivity provision of the Act was met. There, the employer directed an employee to manually move a sandblasting pot. Although the procedure was prohibited by OSHA and the supervisor feared it would eventually cause injury, the supreme court held that these facts did not meet the strict requirement of the exception. In discussing “substantially certain,” the court noted the following:
In human experience, we know that specific consequences are substantially certain to follow some acts. If the actor throws a bomb into an office occupied by two persons, but swears that he only “intended” to hurt one of them, we must conclude that he is nonetheless guilty of an intentional tort as to the other, since he knows to a virtual certainty that harmful consequences will follow his conduct, regardless of his subjective desire.
Reeves, 731 So.2d at 212–213.
The Reeves court further noted that other workers had manually moved the pot on several occasions, and no one had been injured before. Id. at 213. The supervisor testified that he believed that the employee could move the pot without incident. Id. The court determined that the jury's conclusion that the employer's conduct constituted an intentional act was nor reasonable in light of the record reviewed in its entirety. Id.
This post was edited on 3/5/25 at 8:49 am
Posted on 3/5/25 at 8:51 am to Chastains
It’s practice to not log a recordable on their 300 until litigation is completed.
Posted on 3/5/25 at 8:54 am to RoyalWe
I didn’t see any context on “covering it up”. If they went to the hospital at minimum workers comp. Would have been involved. Given the nature of the injury Brock had 6 hours to report it to OSHA. Did they do that?
Posted on 3/5/25 at 8:56 am to Got Blaze
quote:
I do Life Care Plans as the plaintiff’s past & future medical expenses, and past & future lost wages all appear within reason and credible. Zero clue how the jury came up with pain & suffering numbers.
Pulled straight out of their asses. Absurd
Posted on 3/5/25 at 9:11 am to 225Tyga
quote:
They will have to pay over $400 million because that what the verdict said. Do you not understand how our legal system works?
The trial judge can reduce the amount, there could be a settlement, appeals court can reduce the amount or even throw out the entire judgement, and the state Supreme Court can change the judgement. If the plaintiffs want any money in the next 4 years, they will have to settle. They probably end up with less than 40 million with the lawyers getting 40%.
This post was edited on 3/5/25 at 9:14 am
Posted on 3/5/25 at 9:13 am to Lakeboy7
quote:
The comp/negligence determination had already been made. Plaintiff files under a negligence theory, defense files for Summary Judgment claiming comp is the exclusive remedy.
It's been made at the trial level. Stay tuned for the appellate results.
Posted on 3/5/25 at 9:23 am to 225Tyga
quote:
Correct because we have gotten rid of the penny.
They will have to pay over $400 million because that what the verdict said. Do you not understand how our legal system works?
I understand that getting blood out of a turnip is incredibly hard to do and the system allows turnips to identify themselves....they won't pay anywhere near $400 million.
Posted on 3/5/25 at 10:16 am to Shaun176
quote:
If the plaintiffs want any money in the next 4 years, they will have to settle. They probably end up with less than 40 million with the lawyers getting 40%.
The plaintiff's wages and Life Care Plan / medical expenses total $17,187,387 as he's guaranteed that much. The plaintiff's life expectancy (Hispanic male with a TBI) is another 35-40 years barring any physical complications. I'm thinking total settlement will be closer to $50M~$60M as BROCK will be made an example of.
Posted on 3/5/25 at 10:17 am to forkedintheroad
quote:
Anyone who celebrates this verdict has zero room to bitch about the cost of insurance.
Yeah I’m going to need you to connect the dots for me on this one.
Brock was negligent, but that somehow makes insurance skyrocket?
Posted on 3/5/25 at 10:25 am to Chastains
quote:
co-worker whose nickname was “crazy Mike” and “walking hazard Mike.”
Terrible for Jose'.
In 1983, I was working on a scaffolding crew on Waterford III construction. I was put on a crew with a guy named Mike Hill who the job foreman described exactly the same as the dude in the article.
I was lucky as the foreman pulled me aside and told me never to work directly below this dude as he constantly dropped tools and was prone to doing idiot things. He also told me never take my hard hat off, ever!
Luckily, I managed to make it through the summer job without incident.
Posted on 3/5/25 at 10:32 am to Chastains
And people wonder why businesses won't come here.
I'd love for one of the companies that had previously announced a big project that Landry beat his chest about to announce that it was pulling out due to Louisiana's retarded litigation climate. Maybe then he'd realize his Faustian bargain with the Plaintiff's bar is a path to failure.
I'd love for one of the companies that had previously announced a big project that Landry beat his chest about to announce that it was pulling out due to Louisiana's retarded litigation climate. Maybe then he'd realize his Faustian bargain with the Plaintiff's bar is a path to failure.
Posted on 3/5/25 at 10:33 am to Martini
quote:
Maybe not try to cover it up and act like it didn’t happen. This will get reduced but the
message is clear. Don’t deny an obvious life changing injury and don’t let some moron post stupid shite.
They could and should have taken care of this in a much more professional way yet they acted completely like it didn’t happen.
And I’ve followed this for a while as I know a few people with some knowledge so I didn’t just get my opinion from the OP post.
Maybe learn the difference between compensatory and punitive damages.
Because this jury sure the frick didn't understand it.
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