Case Results

Premises liability – slip and fall. Plaintiff, a cardiologist, claimed that she slipped while walking near a salad bar in Defendant’s restaurant on a wet spot on the floor, fell and hurt her back. Plaintiff further claimed that her injury caused a disc displacement which caused a degenerative lumbar condition which damaged her ability to practice her profession. Plaintiff contended that Shoney’s was negligent in that it’s employees had mopped the floor around the sald bar but had not placed any signs in the area warning that the floor might be wet. Dr. Shows claimed that her injury had cost her millions in past and future income.

Shoney’s admitted liability and the judge awarded Dr. Shows $7.7 million including $7.2 million in lost wages and earnings.

FOR IMMEDIATE RELEASE

Port Allen-A West Baton Rouge jury awarded Jessie and Katie Browne $2,500,000.00 in a suit against the State of Louisiana, Department of Transportation and Development.

The Browne sisters were the daughters of Ann Hope Browne, LSU football coach Les Miles’ sister, who was killed in a car accident at the intersection of Sugar Plantation Parkway and LA 1 in Addis, Louisiana on April 22, 2011.

The jury found the State of Louisiana, DOTD 40% at fault for causing the accident. The jury found that the intersection was defective on April 22, 2011 at the time of the crash, that the State of Louisiana, DOTD had actual or constructive notice of the defect and that LA DOTD had reasonable time to correct the defect but failed to do so. The jury also found Ann Hope Browne 60% at fault for her comparative fault in pulling out of Sugar Plantation Parkway while her view was obstructed by a right turning motorist.

“The Browne sisters are amazing resilient girls. They are both Division I athletes, Jessie, a former Southeastern University softball pitcher, and Katie, is presently the starting catcher for The University of Georgia softball team. These two have been through a tremendous amount of tragedy and it is nice to finally give them some closure.”

The DOTD added a traffic signal at this intersection in March of 2012 after three more fatalities occurred in December, 2011 at this same intersection. “DOTD representatives still refer to this signal as ‘temporary’ but hopefully this will convince them that the Addis Community deserves a safe intersection and they will make this light permanent after this verdict.”

Louisiana law provides a maximum recovery of $500,000.00 in suits against the State of Louisiana.

WBRZ News Video about second $2.5 Million Verdict Secured

Louisiana Attorney Frank Tomeny, from Tomeny | Best Injury Lawyers, was sought out by a 65-year-old man who had been involved in a head-on collision. The Plaintiff was traveling at 55 miles an hour when he suddenly came face-to-face with a stopped energy truck that was sitting stationary in traffic. In an attempt to avoid the collision, the Plaintiff forcibly stood on his anti-lock brakes before crashing into the truck. Consequently, the Plaintiff gripped the steering wheel with such force in his attempt to evade the collision that he bent it, demonstrating the fear he felt as he helplessly careened into the stalled vehicle.

To illustrate the severity of this case to his audience, Attorney Tomeny contacted DK Global to create an animation that would clearly demonstrate the event survived by his client. Immediately, the team at DK Global began working on a three-part presentation that would include a reconstruction of the collision and an animation of the medical procedures that the Plaintiff underwent.

The reconstruction portion of the animation begins by highlighting the three energy trucks that were unsafely parked on the highway at the time of the incident and details the several safety violations that occurred. It progresses to clearly demonstrate that these trucks were illuminated by no more than a single strobe light and that identifiable signs informing impending drivers that men were working were nonexistent. Furthermore, the energy trucks did not have headlights, emergency flashers or parking lights on at the time of the collision. The animation progresses to show how there were only three safety cones placed 100-125 feet from the front of the energy truck, instead of the required ten cones. The lighting and weather on the day were also recreated in accordance with weather reports and client testimonials to illustrate the exact visibility the Plaintiff had that morning.

The animation progresses, showing the Plaintiff as he approaches and forcibly collides into the closest energy truck, which was parked in the Plaintiff’s lane of travel. As the impact occurs, the point of view dynamically shifts, drawing the viewer into the Plaintiff’s vehicle. As the Plaintiff stands on his brakes with full force, the viewer can process how the Plaintiff’s van, unable to maneuver away from the energy truck, uncontrollably collides into the parked truck. Following the collision, the Plaintiff is shown coming to rest at a 45-degree angle across the dividing line of the roadway.

To prove that this collision was avoidable, the animation clearly labels the locations where safety signs and measures should have been implemented. Likewise, safe areas for the work vehicles to park off the main roadway are clearly pictured and labeled.

The Medical portion of the animation displays a 3D character model with a similar likeness to the Plaintiff. The camera zooms into his body as the clothing, skin, and muscle turn transparent to reveal the injuries sustained from the collision. The presentation closes with a combination of 3D models and medical illustration elements that are used to depict the multiple fractures to the ribs, clavicle, liver contusions and more.

This was a Motor Vehicle Accident involving an 18-wheeler and the Louisiana Department of Transportation and Development (DOTD). The plaintiff ran into the back of an 18-wheeler that was stopped on the shoulder of I-10 in West Baton Rouge Parish. The accident was found to be the fault of DOTD for not properly demarking the shoulder and the trucking company for having an illegally parked tractor and trailer on the shoulder of the eastbound I-10 on-ramp. The tractor and trailer was parked between five (5) “No Parking” signs lining the shoulder. The truck driver violated the law on several accounts by: failing to turn on his hazard lights; parking with his running lights on; failing to place the required advanced warning devices, failing to operate his trailer without the proper safety reflective tape; and parking tractor and trailer within 500 feet of the curve from the northbound entrance to said on-ramp. The driver had also fallen asleep in his tractor’s sleeper berth. Plaintiff Richard suffered multiple facial and groin lacerations, bilateral pulmonary contusions, right wrist fracture, left femur fracture, ruptured anterior cruciate ligament, severed medial collateral ligament, posterior capsule injury to his left knee, surgery to repair his right wrist, and surgery to install a rod in his left femur following the accident. Because of his injuries he was prevented from continuing his training as a boat captain.

(Baton Rouge, LA) June 20.2013 – Attorney Frank Tomeny of the Tomeny Law Firm in Baton Rouge, LA recently secured a $1.5 million out-of-court settlement for a client who suffered a traumatic foot injury following an incident that resulted from a faulty lawn mower safety interlock system.

On February 9, 2012, the plaintiff was working for a lawn service when he exited the mower and his foot was partially amputated by the blades. Prior to this incident, the plaintiff’s employer had complained that the mower safety interlock was not working properly. Originally, the mower was equipped with a sofa seat that weighed approximately 36lbs. It was designed such that when the blades were engaged if the operator left the seat, the engine killed. At the time the mower had left the manufacturer with a sofa seat, the safety interlock was functioning properly. Before the employer took delivery, the dealer upgraded the seat to a manufacturer approved suspension seat weighing in excess of 50lbs. This in turn, bypassed the originally designed safety interlock system.

The manufacturer and distributor were to include, and the dealer install, a wiring adapter that connected the original safety interlock to a new electrical switch buried in the seat cushion on the suspension seat. The adapter was never installed by most accounts. Additionally, before the accident, the employer had contacted the distributor who held himself out as the manufacturer representative. However, even after several promises to the employer, the distributor never supplied the parts.

“We’re happy for our client that we achieved this settlement without filing a lawsuit.” We are pleased that the defendant agreed to settle, allowing our client to receive compensation in a timely manner,” said Tomeny. The plaintiff was a 24-year-old Hispanic Male with medical bills totaling $113,000, and the case has been successfully settled for $1.5 Million.

Attorney Frank Tomeny protects the rights of injured individuals and represents families throughout Louisiana and Texas who have suffered due to the negligence of others. The Tomeny | Best Injury Lawyers has helped injured clients recover millions of dollars in damages from cases involving vehicular accidents, product and premise liability, medical practice, and other personal injury claims.

Attorney Frank Tomeny, of the Tomeny Law Firm, APLC, recently secured an $885,000 settlement for a client who suffered severe back injuries in a car collision. The woman developed symptomatic lateral listhesis that simply would not resolve. This required medical attention and, subsequently, an invasive surgery. Attorney Tomeny reached out to our team to produce a 3D animation of the spinal surgery.

During the start of the procedure, a lateral annulotomy was made using a scalpel. Bringing the animation closer into view, a total discectomy is performed to remove the lumbar disc. The visible end plates are then decorticated of subchondral bone using a combination of added 3D Cobb elevators, endplate rasps, and serrated curettes. The loose disc and endplate material are resected with pituitary rongeurs. A cage packed with cadaveric allograft is then inserted into the interbody space of L3-L4.

The second part of the surgical procedure involved the Plaintiff lying in the prone position. Transitioning into the body, the facet around the right side is removed to manually decompress the nerves in the spinal canal. Similarly, the left facet capsule is removed manually, and the outer portion of the bone is removed. Bone graft was then applied to perform the fusion. Lastly, pedicle screws and rods were placed at L3-L4 to stabilize the back.

Attorney Tomeny has dedicated his practice to representing individuals who have suffered injuries due to wrongful acts or negligence of others. He has successfully obtained numerous favorable settlements and verdicts for his clients, including a $7.7 million in a premises liability case. Dedicated to his profession and community, attorney Tomeny was named as a Super Lawyer, AV rated by Martindale-Hubbell, and is Board Certified in Civil Trial Advocacy by the National Board of Trial Attorneys.

This was a serious vehicular collision caused by a tractor-trailer driver, who admittedly failed to yield the right-of-way to oncoming traffic at the intersection of U.S. Highway 190 and Highway 95 at a flashing red light and stop-sign. Despite slamming on her brakes and taking evasive maneuvers, which left thirty (30) feet of skid marks, Plaintiff was unable to avoid the accident. As a result of this accident, Savoy suffered severe injuries, including a severe right hip fracture described as a “comminuted posterior wall plus posterior columnar acetabular fracture” requiring a subsequent surgery, specifically, an “open reduction, internal fixation, right posterior wall plus posterior columnar acetabular fracture and removal of fragments from within the hip joint”. She also sustained a fracture in her upper arm area (left humerus); this injury also required surgery with internal fixation.

Personal Injury Attorney Frank Tomeny of Tomeny | Best Injury Lawyers in Baton Rouge Louisiana recently settled a motor vehicle accident case for a client for $325,000. In this case, client had sustained significant neck, arm, and spinal cord injuries.

On January 11, 2013, our client was rear ended as he was traveling north on South Sherwood Forest Blvd. in Baton Rouge, Louisiana. Client sought help from personal injury attorney Frank, Tomeny As a result of this motor vehicle accident, our client sustained significant neck, arm, and spinal cord injuries. Our client will require lifelong medical treatment for his spinal cord injuries as a result of this crash.

Our client sustained medical bills in excess of $34,966.53, not including future medical costs. As result of his injuries, he has undertaken several procedures, including repeated ESIs for his condition.

There is a dense layer of ligament tissues and discs in between the bones of the spinal cord. These tissues and discs prevent the bones from rubbing one another. However, the impact from motor vehicle accidents can cause damage to these ligaments or discs, thus resulting in slipped discs, herniated discs, or a separation of the ligament from the bone.

Our client sustained herniated disc injuries along with nerve root compression that caused him increased pain in in his neck and back. Additionally, he complained of intensified neck and bilateral arm pain as a result of his injury. He is now in need of ongoing medical procedures to alleviate his pain.

On January 10, 2014, Attorney Frank Tomeny and client’s insurance agency reached a settlement of $325,000, of which would help pay for past and future medical expenses as well as past and future pain and suffering costs.

If you or someone you know has suffered from an injury resulting from a motor vehicle accident or any other cause, call attorney Frank Tomeny for a free consultation today at (225) 767-8333 or frank@tomenybest.com.

Following her involvement in a sudden and unforeseeable construction disaster, a demolition employee sought to hold the city responsible for building a structure that did not meet architectural codes. During construction, 5/8-inch joists were used instead of 1.5-inch embedded joists, which were suspended by hangers instead of being attached directly to the studs. Consequently, the structure lacked the ability to resist the tension applied by the construction crew. This resulted in a ceiling collapse that fell directly on the employee, causing her severe injury.

DK Global was asked by the employee’s attorney to recreate the sequence of events through the animation and application of special effects. The created simulation was used by the representing attorney to convey to the viewer that had the joists that were suspended by unapproved hangers been attached according to code, directly to the vertical studs inside the walls, the Plaintiff’s injuries could have been prevented. Likewise, it proved that the city had built the structure in negligence as it did not meet established building codes.

The representing attorney presented the compelling visual aid, assisting him in the acquisition of a notable settlement on behalf of the Plaintiff. Furthermore, it prompted the city to take special care to ensure that all established and proposed structures met required building codes, preventing the recurrence of such a tragic and unnecessary event.

Plaintiff fell at a truck stop when she slipped on a wet floor shortly after truck stop employee mopped that area without putting out a “wet floor” sign. Following her fall, on June 3, 2010, Trahan had a pulmonary embolism from a blood clot in her leg. She almost died as a result of this problem. As a result of this PE , she was placed on Coumadin. The literature attached clearly establishes that trauma can cause a PE and certainly the temporal nature of the event would suggest causation. The Coumadin (blood thinner) therapy is working; however, this treatment involves weekly visit to the Coumadin clinic for monitoring. For her neck, on September 16, 2011, Trahan was operated on at the LSU Health Science Center. Drs. removed the C5 through C7 anterior cervical plate and describes the surgery as a “Re-Do C6-C7 anterior cervical discectomy with Fusion.” Plaintiff will show that this “re-do” was necessitated by the fall due to a screw backing out prior to the full fusion of the January, 2010 ACF. Defendants contended that this was a non-union, with subsequent screw backing out. This was a known risk of the January 2010 surgery. Additionally, when she underwent her surgery, Trahan had to stop her Coumadin treatment. As a consequence of stopping her Coumadin, she was admitted to the hospital with complications and eventually needed a heart catheterization. Leslie has worked as a cashier a desk clerk and a dispatcher for most of her life. She would have had the capacity to go back to work, and was planning to go back to work, however she was unable to go back due to her injuries caused by this fall.

Truck Accident

In a recent incident on Whiskey Bay, a commercial trucking accident resulted in significant injuries and a $4 million settlement for the victim. Our client’s vehicle was clipped on the left side by a packaging truck, causing it to spin in the air and ultimately land on its right side. This fault resulted in severe head trauma, neck pain, shoulder pain, lower back pain, and bilateral hip pain immediately after the accident.

Through strategic negotiation, our firm secured a $4 million settlement from the packaging truck company for our client.

Wrongful Death

In a tragic case in Texas, a wrongful death settlement was secured following a devastating accident. The victim, a truck driver in excellent physical condition, suffered fatal injuries when the cross valve on his trailer malfunctioned, causing him to fall six feet onto his head. Despite being rushed into surgery, our client, who was in great physical condition before the accident struck, only had 3% brain function and was placed on life support.

Through strategic negotiation, our firm secured a fair settlement from the trailer company for a wrongful death claim for our client’s medical care and financial relief to their family.