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Started By
Message
re: Louisiana Scaffold Builder wins $411 million Verdict. Largest in Louisiana History.
Posted on 3/5/25 at 1:44 pm to udtiger
Posted on 3/5/25 at 1:44 pm to udtiger
quote:
Lololololololol
In terms of the law on w/c exclusivity and the difference between compensatory and punitive damages? Doubtful.
Also, FYI, those plaintiff's attorneys that know so much only asked for $170 million.
They did too good of a job inflaming the jury.
So no one in the courtroom was as knowledgeable as those who weren't. I see.
0
Posted on 3/5/25 at 1:44 pm to Chastains
It's the people on the juries who give stupid awards not the attorneys. All they do is lay out a case for negligence and compensation.
Posted on 3/5/25 at 1:47 pm to theCrusher
quote:
All they do is lay out a case for negligence and compensation.
But negligence isn't the standard here. It has to be intentional.
Posted on 3/5/25 at 2:13 pm to spslayto
This seems like just an ordinary accident due to carelessness or a simple human error. This hardly amounts to an intentional tort and the scaffold company certainly didn't want this to happen.
More likely than not the plaintiff was not an employee of the scaffolding company,, nor was he a statutory employee by contractual reason. Otherwise his sole remedy would be workers compensation.
If the plaintiff was not an employee of the scaffold company its possible their boast of no lost time accidents may have been accurate.
More likely than not the plaintiff was not an employee of the scaffolding company,, nor was he a statutory employee by contractual reason. Otherwise his sole remedy would be workers compensation.
If the plaintiff was not an employee of the scaffold company its possible their boast of no lost time accidents may have been accurate.
This post was edited on 3/5/25 at 3:17 pm
Posted on 3/5/25 at 2:30 pm to udtiger
The only time (in 23 years) I got out of comp for employee on employee was a gross negligence ruling.
Went to 2nd Circuit, upheld. Writ denied. 1998, maybe 99.
3rd party negligence the preferred way to travel out of comp.
Went to 2nd Circuit, upheld. Writ denied. 1998, maybe 99.
3rd party negligence the preferred way to travel out of comp.
This post was edited on 3/5/25 at 3:00 pm
Posted on 3/5/25 at 5:37 pm to forkedintheroad
quote:
Anyone who celebrates this verdict has zero room to bitch about the cost of insurance.
You’ll have to explain that to me.
Had Brock and its insurer done the right thing and paid the valid claim when due, this verdict wouldn’t have happened. The insurance company decided instead to fight the valid claim, spent untold $$$ on defense costs, got what was coming to them, and then they want to blame plaintiff’s attorneys for high insurance premiums?
How’s that “tort reform” from 2020 and 2024 working out for your insurance premiums? Has it helped? Is that because the problem isn’t due to plaintiffs or plaintiffs attorneys, so “tort reform” doesn’t fix the out of control premiums? Is it because the real problems are the out of control insurers charging out of control premiums, then fighting tooth and nail against valid claims rather than doing what is right?
There is zero evidence that high premiums are triggered by injured people making claims. “Tort reform” will not make your premiums go down.
Posted on 3/5/25 at 6:13 pm to AwgustaDawg
quote:Except in Asian where they use bamboo for scaffold and just replace a worker that "fails to make it to the end of the day".
erecting scaffolding is incredible dangerous
Posted on 3/5/25 at 6:41 pm to Crow Pie
Judge misunderstood the law or was crooked. Period.
We don’t need tort reform, we need educated judges.
We don’t need tort reform, we need educated judges.
Posted on 3/5/25 at 6:57 pm to Dandaman
quote:
Judge misunderstood the law or was crooked. Period.
We don’t need tort reform, we need educated judges.
Do you have the case cites handy where LA deals with "substantially certain" vis-a-vis comp claims? In most jurisdictions (though LA is decidedly not most jurisdictions) the determination of bars like substantially certain is a jury question. This is the end run used in the Geismer explosion case (Williams Olefin?).
Posted on 3/5/25 at 7:11 pm to Chastains
quote:
the most fun times I’ve had trying a case.
This is sad case.
Should tell you everything you need to know about LA trial attorneys
Posted on 3/5/25 at 7:32 pm to REG861
quote:
quote:
What firm?
Arnold and Itkin
quote:
Personal Injury Cases in Louisiana
Over $20 Billion Won. Call (888) 493-1629 for a Free Consultation.
Posted on 3/5/25 at 7:42 pm to theCrusher
quote:
It's the people on the juries who give stupid awards not the attorneys.
You don't think attorneys have an impact on what a jury decides? I see Tony Clayton was on this case. I know some people who have serve on murder cases where TC is the DA.
The chances of the accused being found guilty in a murder trial is, based on what i've heard people say and what I just googled.. About 95%. With TC as the DA its probably about 99%. Someone told me that when they served on a jury, when TC was addressing the jury when he gave his opening, he called the dude the grime reaper. He put that in the juries minds early on. It took 3 days and it took 20 mins for the jury to decide the person was guilty.
The accused did no favors to himself by discussing what he did in text messages, but if you need one of the best attorneys in South Louisiana... You hire Tony Clayton.
Posted on 3/5/25 at 7:51 pm to Chastains
Anyone checked the google search stats for "Jose Valdivia sister"?
Posted on 3/5/25 at 7:58 pm to Chastains
frick laywers. They're a major reason everything is so expensive now.
Posted on 3/5/25 at 8:09 pm to duckblind56
quote:
Personal Injury Cases in Louisiana
Over $20 Billion Won. Call (888) 493-1629 for a Free Consultation
Won.
What was the ultimate award after post-verdict relief/appeals?
How much was actually recovered?
Posted on 3/5/25 at 8:11 pm to TheFranchise
quote:
Had Brock and its insurer done the right thing and paid the valid claim when due, this verdict wouldn’t have happened.
Bwahahahahahaha
Posted on 3/5/25 at 8:44 pm to Obtuse1
quote:
Do you have the case cites handy where LA deals with "substantially certain" vis-a-vis comp claims? In most jurisdictions (though LA is decidedly not most jurisdictions) the determination of bars like substantially certain is a jury question. This is the end run used in the Geismer explosion case (Williams Olefin?).
Reeves is the law. It should rarely be a jury question due to summary judgment standards, but theoretically could be a question on the verdict form. Of course, the question should be “was the act intentional?” not some misleading question based on case law explaining how one can prove intent.
Posted on 3/5/25 at 9:07 pm to udtiger
NONE of the slimers report that number.
Posted on 3/5/25 at 10:09 pm to Chastains
Snd after lawyer fees guy prob got $12.
Posted on 3/5/25 at 10:26 pm to Chastains
This will get appealed and will probably get settled at a reduced amount.
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