The Louisiana Supreme Court issued a Per Curiam opinion today reversing an Appellate Court decision that vacated two unanimous jury defense verdicts obtained by Burglass & Tankersley attorneys in Patricia Bourque v. Essex Insurance Company, et al. The plaintiff sued defendants seeking damages arising from alleged negligence in the completion of repairs performed at the plaintiff’s residence. Plaintiff had past incurred medical expenses of $453,000, asserted future medical expenses in the amount of $117,000, and asked for damages in excess of $1.75 million in closing argument. A unanimous jury declined to find liability on behalf of defendants, instead entering a take-nothing verdict against plaintiff following a week long trial. Following the trial court’s granting of a Motion for New Trial, Burglass attorneys Gaudin and Bernard again received a unanimous jury defense verdict in less than one hour.
The Court of Appeal conducted a de novo review of the record based upon an alleged erroneous jury instruction and rendered judgment in favor of plaintiff, awarding a judgment in excess of $2 million. Burglass attorneys sought review by the Supreme Court which was granted and rather than grant review and set a briefing schedule, the Supreme Court issued a Per Curiam opinion reversing the Appellate Court and re-instated the unanimous jury verdicts obtained by Burglass attorneys on behalf of defendants.
For more information, contact: Bruce D. Burglass, Jr.