Galloway Johnson Attorneys Doris Bobadilla and Ryan Hall Present Mississippi Workers’ Compensation Law To National Insurer
Galloway Johnson attorneys, Doris Bobadilla and Ryan Hall, recently gave a presentation on Mississippi Workers’ Compensation Law to a national insurer. The presentation included an overview of the Mississippi Worker’s Compensation Act and recent legal developments surrounding the Act.
The Appraisal Journal Features Article by Scott Mueller on Recent Court Decisions on Real Estate and Valuation
The Appraisal Institute’s “Appraisal Journal” featured an article co-authored by St. Louis Director Scott Mueller. The article, entitled, “Recent Court Decisions on Real Estate and Valuation” can be found below. For more information, please contact Scott directly at: firstname.lastname@example.org.
St. Louis Attorneys Brad Anderson and Mary Giles To Present At The CLE Seminar Titled, “Title Law: A-Z”
Brad Anderson and Mary Giles will present at the NBI’s CLE seminar titled, “Title Law: A-Z” on June 20th, 2017. The 2-day seminar begins on the 19th and will take place in St. Louis, MO. Brad and Mary will present on the topic of “Drafting Documents to Cure Defects.”
For more information on the seminar, please contact either Brad, email@example.com, or Mary, firstname.lastname@example.org. You may also view the seminar’s agenda: Title Law: A-Z Agenda
In this recent win, a laborer was wheelbarrowing concrete back and forth between a concrete truck and a building on the University of Missouri campus in Columbia when he gradually began to have tightness, swelling and soreness in his right knee. He reported the “injury” to his employer and was seen by a doctor the next day.
An MRI showed no tears, only a degenerative arthritic condition, and the employee had a medial meniscectomy in the same knee two years prior. After his employer, our client, denied the claim, the employee underwent treatment consisting of PT and a series of injections, but continued to have chronic pain. His treating physician recommended a partial knee replacement and opined that his work with our client had exacerbated his preexisting condition to cause the chronic pain.
On cross-examination, the treating physician admitted that the prevailing factor in causing the need for future treatment was the prior surgery and the subsequent development of arthritis in the knee. He could not state within a reasonable degree of medical certainty that the work “injury” caused even the swelling or the pain…it could have been caused generally by the preexisting arthritis. He also admitted that the preexisting arthritis was not caused by the work injury and that the work injury was not the cause for the need for future treatment.
The Missouri DWC found that the employee had suffered an “unusual strain” and, therefore, an on the job accident, but that the accident had only possibly caused the symptom of swelling and pain. The need for treatment (knee replacement) and the resultant disability were not caused by the unusual strain but by the preexisting injury. Therefore, the employee’s claim for compensation was denied in its entirety.
Craig Webb in our New Orleans office has been elected to a two-year term as a member of the Louisiana State Bar Association House of Delegates, representing the Forty-First Judicial District. The term commenced at the beginning of the 2017 Annual Meeting on December 14, 2017, and will end at the beginning of the 2019 Annual Meeting.
Kathryn Platt of our Gulfport office recently received a defense judgment in Hancock County, Mississippi wherein Plaintiff accused GJTBS’s client, a quick lube business, of installing a faulty fuse that caused an electrical fire in Plaintiff’s late-model SUV. Mrs. Platt’s defense that Plaintiff failed to prove causation and damages was well received and the case was dismissed.
The Mississippi Supreme Court recently addressed the limited “realm of foreseeability” for auto accidents in Ready v. RWI Transportation, 203 So. 3d 590 (Miss. 2016). In Ready, an auto accident occurred on northbound I-55. The accident caused traffic to back up for nearly a mile. Subsequently, a second accident occurred nearly an hour later and almost a mile behind the first when the plaintiff, Ready, rear-ended another vehicle. Ready sued the at-fault motorist in the first accident alleging that his accident and injuries were a foreseeable consequence of the first accident causing traffic to back up on the interstate.
The defendants moved for summary judgment on the theory that the second accident was not a “legal cause,” foreseeable under the circumstances. The trial court and Mississippi Supreme Court agreed. The Court stated that negligence is too remote to be actionable when it merely causes a person to be at a particular place at a particular time. The Court held that the intervening and superseding cause of Ready’s accident was his own negligence in rear-ending the delivery truck. Further, the two accidents were too far apart in space and time to warrant an action against the motorist in the first accident.
This holding is particularly important for auto accident defendants and their insurers as a defense to injury allegations arising from remotely related events. Defendants should keep in mind that distance in time and space between events is relevant to reducing or eliminating exposure.
Summary by Heath Sullivan.
Galloway Johnson Names Four New Directors: Matthew Williams, Branch Sheppard, Alexis Butler Hester, and Jonathan Minchin
We are pleased to announce that Matthew Williams, Branch Sheppard, Alexis Butler Hester, and Jonathan Minchin have been named Directors of the firm, effective January 1st, 2017.
Matthew Williams is a Director in our Gulfport, Mississippi office. Matt’s practice is primarily focused in the areas of First and Third Party Insurance Defense, Trucking and Transportation, Employer’s Liability, Professional Liability and Construction. He serves as local counsel to some of the largest insurance carriers in the United States and abroad and is also often called on to represent his clients’ interests in corporate acquisitions and other transactional matters. Matt graduated with his B.A from University fo Mississippi and earned his J.D. from Mississippi College School of Law. To learn more about Matt, please visit his biography on our website: #mce_temp_url#
Branch Sheppard is a Director in our Houston, Texas office. Branch has worked in the areas of First Party and Third Party Insurance Defense, Personal Injury representing both plaintiffs and defendants, Toxic Tort Defense, Mass Actions, Business Litigation, Commercial Litigation, and Estate Planning, while also representing debtors in a handful of Chapter 7 cases. While Branch continues to work in other areas of the law, since 2005, he has focused his practice on creditor’s rights. Branch earned his B.A. with high honors from the University of St. Thomas and received his J.D. from South Texas College of Law. To learn more about Branch, please visit his biography on our website: #mce_temp_url#
Alexis Butler Hester is a Director in our Houston, Texas office. Her practice areas include Insurance Defense and Maritime & Admiralty. Alexis assists in representing international drilling companies, oilfield service providers, pipeline transportation and energy storage companies, regional oil and gas exploration firms, one of the world’s largest platform and rig companies, geophysical exploration companies, as well as their underwriters and other insurance companies. Alexis earned her B.A. from the University of Texas and her J.D. from Texas Tech University School of Law. To learn more about Alexis, please visit her biography on our website: #mce_temp_url#
Jonathan Minchin is a Director in our Mobile, Alabama office. Jon devotes his practice to litigation in the State and Federal Courts of Alabama, Florida, and Mississippi. He brings broad experience to Galloway Johnson’s Mobile and Pensacola offices, representing individual clients, companies, and insurers in Workers’ Compensation, Construction Defect, Personal Injury, Premises Liability, Wrongful Death, and Employment Discrimination Claims. Jon earned his B.S. from the University of Florida, his M.B.A. from Samford University School of Business, and his J.D. from Cumberland School of Law at Samford University. To learn more about Jon, please visit his biography on our website: #mce_temp_url#
Galloway, Johnson, Tompkins, Burr and Smith would like to congratulate the following five Louisiana attorneys on being selected as Super Lawyers 2017 Rising Star list:
Lindsay Meador Young (Lafayette)
Blake Bourgeois (New Orleans)
Jason Camelford (New Orleans)
John Getty (Mandeville)
Patrick Schepens (Mandeville)
Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.
Galloway, Johnson, Tompkins, Burr and Smith would like to congratulate the following five Louisiana attorneys on being selected at Super Lawyers 2017:
John Galloway (New Orleans)
Jason Waguespack (New Orleans)
Larry Canada (New Orleans)
Kathleen Charvet (New Orleans)
Tim Hassinger (Mandeville)
Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The Super Lawyers patented selection process involves three basic steps: the creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.