A dramatic legal battle is unfolding in Louisiana, where a couple has filed a personal injury lawsuit against a prominent medical center and its affiliates. Timothy and Loraine Ladner have brought their case to the Civil District Court for Orleans Parish, alleging negligence on the part of Ochsner Baptist Medical Center, LLC, and its related entities. The lawsuit, originally filed on March 12, 2019, claims that Mr. Ladner suffered severe injuries due to unsafe conditions at the hospital's premises.
The plaintiffs, Timothy and Loraine Ladner, assert that on April 2, 2018, Mr. Ladner was working as an employee of Carriere-Stumm at Ochsner Baptist Medical Center when he fell into an elevator shaft that lacked proper safety measures. They allege that the elevator doors were either open or missing entirely in a poorly lit basement area. This incident led to Mr. Ladner's severe injuries, which they claim were "solely, directly, and proximately caused by Ochsner Baptist’s negligence and fault." The plaintiffs further amended their complaint in December 2022 to include Ochsner Clinic Foundation (OCF) as a defendant, citing its involvement in a construction contract with Carriere-Stumm for repairs at the hospital.
The case has become increasingly complex with multiple parties involved in cross-claims and motions for summary judgment. The Gray Insurance Company and Carriere-Stumm are seeking review of an August 16, 2024 judgment that denied their motions for summary judgment regarding the applicability of the Louisiana Construction Anti-Indemnity Act (LCAIA). They argue that the contractual provisions requiring them to indemnify OCF are void under this act because they purport to cover liability resulting from OCF's own negligence.
In contrast, OCF has filed cross-claims against Gray Insurance Company for failing to provide coverage as an additional insured under policies issued to Carriere-Stumm. They argue that Gray acted in bad faith by denying coverage despite policy terms suggesting otherwise. The trial court initially ruled partially in favor of OCF but was later challenged by Gray and Carriere-Stumm through consolidated writ applications.
The plaintiffs seek damages for Mr. Ladner’s injuries while navigating the intricate web of insurance obligations and indemnity clauses among the defendants. They aim for compensation covering general and special damages caused by alleged breaches of contract and bad faith actions by insurers like Gray.
Representing these legal interests are several law firms: Degan Blanchard & Nash; Staines Eppling & Kenney; Jones Walker LLP; with attorneys such as Sidney W. Degan II, Travis L. Bourgeois, Candace C. Chauvin advocating for various parties involved.
The case is being presided over by Judges Kern A. Reese at the Civil District Court level with appellate oversight from Judges Roland L. Belsome, Rosemary Ledet, Dale N. Atkins from Louisiana’s Fourth Circuit Court of Appeal under Case ID Nos: 2024-C-0543 & 2024-C-0545.