Monday, October 19, 2009

Cocaine and high roofs don't mix!

The Truitt Law Firm tried a worker's compensation case wherein the employee fell four floors and suffered injuries that resulted in almost $400,000 in medical expenses. The testimony of Dr. William George, a toxicologist, helped the defense to prove that the plaintiff had used cocaine within 7 hours of the accident, which the employee denied. The court held that the defense established intoxication and misrepresentation as defenses which barred recovery.

The Louisiana Fourth Circuit Court of Appeal has recently affirmed this ruling. You can read the opinion at  http://www.truittlaw.com/pdfs/Negri.pdf

Saturday, June 9, 2007

Walgreens

The Truitt Law Firm has obtained a summary judgment for Walgreens in Bailey v. Walgreens in Civil District Court in New Orleans. This case, which has already been to the Louisiana Supreme Court once, involved allegations that the plaintiff took Depakote she had received from Walgreens and other pharmacies while she was pregnant. Her baby was subsequently born with birth defects.

The Truitt Law Firm argued that the plaintiff could not show a causal connection between the Depakote and the birth defects. Also, the Depakote that she received from Walgreens came to late in the pregnancy to have an effect on the fetus. Other defendants remain in the litigation.