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Trial Results

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Listing of representative jury trials, bench trials, and summary judgments

Listing of representative jury trials, bench trials, and summary judgments

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Trial Results Trial Results Document Transcript

  • Bruce D. Beach<br />Attorney at Law<br />111 Jefferson<br />New Iberia, LA 70560<br />(337) 251-5495<br />TRIAL RESULTS<br />In addition to negotiating the settlement of hundreds and hundreds of civil lawsuits over the course of twenty (20) years in practice, Bruce D. Beach has handled the following civil cases all the way to conclusion by final judgment:<br />Jury Trials:<br />Mark Anthony Lapoint v. Dollar General Corporation, Docket # 6:06-cv-2239, in the United States District Court for the Western District of Louisiana, Lafayette / Opelousas Division, the Hon. Tucker Melancon presiding. This was a personal injury lawsuit based on premises liability that was tried to a jury on July 25 – 28, 2008. Plaintiff’s demand to the jury was in excess of $700,000, but a defense verdict was returned. The case was tried by Bruce D. Beach as lead trial counsel.<br />Lee and Paula Stevens v. AAA Auto Club Family Insurance, Docket # 2:06-cv-01885, in the United States District Court for the Western District of Louisiana, Lake Charles Division, the Hon. Patricia Minaldi presiding. This was the largest insurance bad faith claim to be tried by Plaintiff’s counsel Clayton Davis (who is now a District Judge in the 14th Judicial District Court of Calcasieu Parish) following Hurricane Rita. Bruce D. Beach was lead trial counsel for the defendant. The case was tried over four days to a jury and resulted in a verdict exceeding $700,000 which was settled on appeal. A request for $125,000 in attorney’s fees was defeated via post-trial motion.<br />Blaine Strother and Connie Strother v. Continental Casualty Company, et al., Docket # C-2002-004, in the 33rd Judicial District Court, Allen Parish, Louisiana, the Hon. Patricia Cole presiding. This was a personal injury case arising from a motor vehicle accident involving a commercial vehicle. Plaintiff’s counsel was Andre F. Toce. Plaintiff’s demand to the jury was in excess of $ 1.2 million. After a six-day jury trial, an award of $200,000+ was made by the jury. A subsequent appeal by Plaintiff Blaine Strother to the Louisiana Third Circuit Court of Appeal in Lake Charles, seeking additional damages for future medical expenses and future loss of earnings capacity was rejected. Bruce D. Beach was the only trial counsel for the defendants and the only appellate counsel.<br />Anthony J. Morse v. City of Sulphur and Sulphur Parks & Recreation Dist. # 2, Docket # 2000-0557, in the 14th Judicial District Court, Calcasieu Parish, Louisiana, the Hon. Wilford Carter presiding. Following a three-day jury trial in a personal injury case involving knee surgery and recommended SI-joint fusion, the jury returned an award that exactly matched my client’s pre-trial settlement offer, after allocation of fault between the two defendants. Bruce D. Beach was sole trial counsel for the City of Sulphur. Plaintiff’s counsel was John Derosier, subsequent District Attorney for Calcasieu Parish.<br />Melinda Honerkamp, et al. v. John Kinross-Wright, M.D., et al.; in the District Court of Brazos County, Texas. Jury trial in medical malpractice case resulting in a defense verdict. Tried as second chair.<br />Ana Marie Pechero v. Humana, Inc., d/b/a Sharpstown General Hospital, et al.; Docket # 91-4772; in the 164th Judicial District Court, Harris County, Texas. Judgment rendered in favor of all defendants following a medical malpractice jury trial involving causation of brain damage.<br />Michael Verrett v. Memorial Hospital System; in the District Court of Harris County, Texas. This malpractice case involving claims of nursing negligence was my first jury trial, which I tried as sole defense counsel, and resulted in a defense verdict and judgment of dismissal.<br />Bench Trials:<br />Angela S. Conroy v. Khouri I, Inc., et al., Docket # 2005-5421, in the 15th Judicial District Court, Lafayette Parish, Louisiana, the Hon. Marilyn Castle presiding. This was a personal injury action involving a convenience store that was tried over two days before Judge Castle and resulted in a judgment of dismissal.<br />Rachel Olivier v. General Ins. Co. of America, et al., Docket # 2005-6025, in the 15th Judicial District Court, Lafayette Parish, the Hon. Thomas Duplantier presiding. This was a personal injury lawsuit brought by two plaintiffs following a motor vehicle accident. After a two-day bench trial, the trial judge decided the case in favor of the defendants and dismissed the claims of both plaintiffs and the intervenor with prejudice.<br />Rickey George v. Dolgencorp, Inc., Docket # 2007-0780, in the 12th Judicial District Court, Avoyelles Parish, Louisiana, the Hon. William Bennett presiding. This was a premises liability case that was tried in one day, and resulted in a judgment in favor of the plaintiff for approximately $20,000. Bruce D. Beach was sole trial counsel.<br />Casey & Casey NPS, Inc. v. Michelle Cannon, Docket # 230863, in the 9th Judicial District Court, Rapides Parish, Louisiana, Judge Johnson presiding. Following a one-day bench trial, a preliminary injunction was granted in favor of the plaintiff / employer, enforcing a covenant not to compete against a former branch manager. Bruce D. Beach was sole trial counsel.<br />Cassandra Felton, Individually and on behalf of her minor child, Andre Felton, vs. St. James Parish School Board, et al., Docket # 23420, in the 23rd Judicial District Court, St. James Parish, Louisiana, the Hon. Pegram Mire presiding. Following a one-day bench trial against the defendant school district and school teacher, judgment was rendered in favor of both defendants, rejecting the Plaintiffs’ claims of battery and excessive corporal punishment resulting in an attempted suicide by the minor plaintiff. Bruce D. Beach was sole trial counsel for the individual school teacher named as a defendant.<br />Scotty James Patton, et al. v. City of Crowley Police Department and the Acadia Parish Sheriff’s Office, Docket # 78578, in the 15th Judicial District Court, Acadia Parish, Louisiana, the Hon. Glennon P. Everett presiding. After a three-day bench trial, the trial court rejected the claims of multiple plaintiffs who were alleging unreasonable and excessive force arising out of the break-up of a house party by riot police.<br />Clarence Jackson and Ruby Jackson, individually and on behalf of their minor child, Randy Jackson v. St. Mary Parish School Board; Docket # 104955; in the 16th Judicical District Court, St. Mary Parish, Louisiana. Bench trial before the Hon. Gerard Wattigny, resulting in a defense verdict and a dismissal of all claims.<br />Beatrice Torres v. Juan Chong, M.D.; in the District Court of Harris County, Texas. My first trial of any kind was a bench trial in a medical malpractice case involving alleged negligence in the performance of a bilateral salpingo-oophorectomy and lack of informed consent. Summary judgment granted on the medical negligence claims, but damages awarded for failing to satisfactorily obtain informed consent.<br />Summary Judgments:<br />Angela Romero v. Shelton Dubois and First Financial Insurance Company; Docket # 2007-1025, Division “F”; in the 15th Judicial District Court, Lafayette Parish, Louisiana; summary judgment granted in favor of defendant insured on recreational immunity and no negligence. Plaintiff’s medical specials exceeded $200,000.<br />Calcasieu Cameron Fair Association v. Markel International Insurance Company, et al.; Civil Action No. 2:07-1999; in the United States District Court for the Western District of Louisiana, Lake Charles Division; summary judgment in professional liability claim. Alleged damages exceeded $500,000.<br />Harry K. Castle, et al. v. United National Insurance Company, et al.; Civil Action No. 2:06-2172; in the United States District Court for the Western District of Louisiana, Lake Charles Division; summary judgment granted by the Hon. Patricia K. Minaldi, United States District Judge in favor of defendant insurance agency.<br />Charles and Scarlette Bergeron v. Cypress Cove Houseboat Adventures, et al., in the 16th Judicial District Court, St. Martin Parish, Louisiana – summary judgment granted in professional liability case by the Hon. Paul deMahy, Sixteenth Judicial District Court Judge.<br />Greg and Dede Hardy v. The Hanover Insurance Company, et al., in the 16th Judicial District Court, St. Martin Parish, Louisiana – summary judgment granted in professional liability case by the Hon. John Conery, Sixteenth Judicial District Court Judge.<br />Heath Porche, et al. v. Ocean Marine Contractors, Inc., et al.; Docket # 2008-118263; in the 16th Judicial District Court, Division “D”, St. Mary Parish, Louisiana. Obtained summary judgment on behalf of the defendant premises owner in a construction accident case involving catastrophic personal injuries. Plaintiff’s medical specials were approximately $300,000 and his economic loss was calculated at $540,968.00, as per Plaintiff’s expert economist.<br />Ryan Davidson and Monique Becker v. Progressive Insurance Company, et al.; Docket # 86232; in the 15th Judicial District Court, Division “A”, Vermilion Parish, Louisiana. Peremptory exception of prescription granted in favor of client, dismissing all claims.<br />First Fidelity Mortgage, Inc. v. Melinda Chatman Edwards and Voyager Insurance Company; Docket # 2006-004292; in the 14th Judicial District Court, Calcasieu Parish, Louisiana – summary judgment granted by the Hon. Wilford D. Carter, dismissing all claims against the defendant insurer.<br />Mobile Imaging, Inc. v. Kevin Fix d/b/a Ultimate Medical Services, et al.; Docket # 2004-3726; in the 14th Judicial District Court, Calcasieu Parish, Louisiana – summary judgment granted by the Hon. Rick Bryant on insurance coverage in commercial litigation involving the purchase of a defective CT scan by a community hospital.<br />Danny Hardesty, et al. v. Joseph S. Markiewicz, D.C.; Docket # 2001-1646; in the 14th Judicial District Court, Calcasieu Parish, Louisiana – summary judgment granted in favor of the defendant chiropractor in a healthcare liability claim by the Hon. Wilford D. Carter.<br />Pamela Manuel v. Ford Motor Company, et al.; in the 13th Judicial District Court, Evangeline Parish, Louisiana – summary judgment granted in favor of all defendants in a products liability case by the Hon. Thomas Fuselier, Thirteenth Judicial District Court Judge.<br />State Farm Fire & Casualty Company v. Goodman Company, L.P.; Docket # 2004-0116; in the 36th Judicial District Court, Beauregard Parish, Louisiana. Summary judgment granted in favor of defendant component parts manufacturer in a products liability / fire loss subrogation claim.<br />Kory Kendall Welsh, et al. v. John L. Murray, et al.; Docket # 84248; in the 15th Judicial District Court, Acadia Parish, Louisiana – summary judgment granted in favor of all defendants in a multiple fatality wrongful death case arising out of a motor vehicle accident.<br />Michael T. Fuesting v. Lafayette Parish Bayou Vermilion District, et al.; Civil Action No. 2002-2511; in the United States District Court for the Western District of Louisiana, Lafayette – Opelousas Division – summary judgment granted in general maritime claim by the Hon. Michael C. Hill, United States Magistrate Judge.<br />Steve Benoit v. Kenneth Begnaud and Central Industries, Inc.; Docket # 2002-3131; in the 15th Judicial District Court, Division “C”, Lafayette Parish, Louisiana – peremptory exception of prescription, that had been referred to the merits, granted by the Hon. Byron Hebert, Fifteenth Judicial District Court Judge.<br />Mouton v. Blue Marlin Specialty Tools, Inc., et al.; 01-648 (La. App. 3 Cir. 10/31/2001), 799 So.2d 1215 (reported decision affirming summary judgment in favor of defendant employer and temporary staffing agency, based upon Workers’ Compensation immunity and no evidence of an intentional tort);<br />Desiga v. Scheffey, 874 S.W.2d 244 (Tex. App.—Houston [14th Dist.] 1994, no writ) (affirming summary judgment in medical malpractice case base3d upon Texas’ two-year statute of limitations under Tex. Rev. Civ. Stat. Ann. Art. 4590i);<br />Joyce Wilson, Individually and as Next Friend of Jill and Blake Carpenter, Minors, and as Representative of the Estate of Erin Elizabeth Carr, Deceased v. Rique Brister, M.D.; Docket # 94-01327; in the 281st Judicial District Court, Harris County, Texas (summary judgment rendered in favor of defendant psychiatrist in a health care liability claim alleging wrongful death).<br />