TWPD’s Baton Rouge lawyers successfully defended a personal injury action in the 19th JDC leading the jury to award substantially less damages than the defendant demanded in pre-trial settlement negotiations. During the course of trial, TWPD’s defense team twice sought and obtained favorable evidentiary rulings from the court of appeal that impacted the outcome. Despite the plaintiff alleging severe injuries and need for surgery, the defense presented the jury with evidence, including testimony from plaintiff’s ex-wife, that plaintiff was performing high levels of physical activity following the accident that were completely inconsistent with his claims of injury. The plaintiff sought $7.5 million from the jury. The jury awarded $450,000.
TWPD’s Baton Rouge lawyers secured exclusion of costly life care plan leading to settlement substantially below the demanded damages. In this personal injury suit in St. Martin Parish, the plaintiff demanded more than $3 million in damages related to a traumatic brain injury. The plaintiff’s neurologist opined she required Botox injections to treat TBI related headaches for her 43 year remaining life expectancy. The firm moved to exclude the testimony on the grounds the neurologist’s clinical experience and the studies he relied on did not support 43 continuous years of treatment. The judge agreed, and the case settled for a fraction of the $3 million demand.
TWPD’s Baton Rouge attorneys secured dismissal of a trip and fall suit against a national home improvement store. The plaintiff allegedly tripped and fell over a piece of lumber that extended from another customer’s cart. The incident was captured on the store’s video surveillance cameras. The video of the incident showed the plaintiff walking directly into the piece of lumber extending from the cart. The other customer was waiting in line to check out and the plaintiff was walking with her phone in her hand just before she fell. Plaintiff alleged that she did not see the piece of lumber. We argued that our client owed no duty to protect an inattentive plaintiff from tripping over a piece of lumber that extended from another customer’s cart. Our client also had no notice or control over the allegedly dangerous condition. The Western District of Louisiana agreed and granted summary judgment dismissing the suit.
TWPD’s Mississippi attorneys successfully defended its client against claims of negligence, breach of the implied warranties of habitability under Mississippi’s Residential Landlord Tenant Act and punitive damages. The Plaintiff, whose status as a tenant was disputed, sought general and punitive damages for personal injuries following a fire in a mobile home owned by TWPD’s client. The Plaintiff’s medical expenses exceeded six figures and she claimed a host of injuries. Summary judgment turned on Plaintiff’s inability to establish causation for the fire, which was essential to her claims. Though Plaintiff alleged a variety of possible contributing causes, she presented no expert to establish the cause or origin of the fire. TWPD presented an affidavit from the local fire chief who, after investigating, was unable to determine the cause of the fire. TWPD’s summary judgment motion was granted as to both causes of action pursued by Plaintiff.
The success we have seen is because of the way we built our practice. It’s about more than routine strategies. It’s about creative resolutions to difficult legal questions. It’s about how we treat our clients and each other and how we work together to build the best possible defense for every single case. It's practice, made perfect.