Jonathan H. Adams

A disgruntled homeowner filed suit against her home inspector and his professional liability insurer.  Both home inspector and insurer did not file an answer.  Homeowner confirmed default judgment in the amount of $273,000 against home inspector and insurer.  The case was then assigned by the insurer to an attorney.  On appeal, the Fourth Circuit vacated the default judgment against the insurer, finding the homeowner failed to introduce a certified copy of the insurance policy into evidence at the default confirmation trial, thereby failing to prove coverage.

Patient sued three gynecologists for allegedly clamping a major artery during pelvic surgery.  A medical review panel was divided concerning whether the physicians breached their standard of care.  After a four-day trial in Civil District Court, a jury found the physicians did not breach their standard of care.

Patient sued hospital for not committing him after he presented to the emergency room with complaints of hallucinations.  Later in the day, the patient killed his girlfriend.  At the closure of patient’s case-in-chief, the court granted the hospital’s motion for directed verdict finding patient failed to prove his damages.

Homeowner filed suit against the City of New Orleans and various police officers for false arrest, violations of the Fourth and Fourteenth Amendments of the U.S. Constitution, conspiracy to deprive of civil rights, and intentional infliction of emotional distress.  The case arose from the demotion of the homeowner’s property and his arrest.  The court found the homeowner failed to state a claim against the City and the various officers.  The case was dismissed with prejudice.

A New Orleans Police Department civilian employee was acting strangely at work prompting his supervisor to conduct a wellness check at employee’s residence while employee was on leave.  The police allegedly entered the employee’s home without his permission, frisked him without his permission, and brought him to get a drug test against his will.  The employee resigned in lieu of taking the drug test.  The former employee filed suit against the City for violation of the Fourth and Fourteenth Amendments of the U.S. Constitution.  In granting the City’s motion for summary judgment, the court found the officer’s alleged conduct was not caused by a policy, custom, or practice of the City.  The case against the City was dismissed with prejudice.