Professional Successes

Attorney Liability - Nancy Marshall Successes

Medical Malpractice – Williams v. Dauterive Hospital, et al
Two week jury trial involving several defendant doctors, hospital and ICU nurse in connection with the death of a nineteen-year-old, allegedly as a result of failure to monitor and failure to administer appropriate medication. A defense verdict was obtained for her defendant, the ICU nurse.

Williams v. Dauterive Hospital, et al., No. 96-977, 16th Judicial District Court, Parish of Iberia, Louisiana.
Legal Malpractice
Representation of an attorney in a legal malpractice case who had failed to timely pay the medical malpractice fees resulting in the dismissal of the underlying medical malpractice case. The defense in the legal malpractice case was that the underlying claim against an emergency room physician for failing to obtain a white blood cell culture where the plaintiff’s decedent had a long history of sarcoidosis, heart and lung problems and came to the emergency room complaining of shortness of breath was baseless. The court found that the claim that the doctor in the underlying medical malpractice failed to appreciate the gravity of her medical condition and thus sent her home prematurely causing her death was without merit. Since there was no viable medical malpractice claim, there was no damage to the plaintiffs claiming legal malpractice. The court issued an eight page judgment in favor of defendant.

Tamara Hubbard, et al v. Mason Oswalt, et al, No. 11-0203, 4th Judicial District Court, Parish of Ouachita, Louisiana.
Insurance Coverage
Ms. Marshall successfully obtained summary judgment on behalf of an insurance company in a legal malpractice action. The policy in question was a claims made insurance policy. The claims arose after the conclusion of the policy period and were not made in accordance with the policy conditions, prior the expiration of the insurance policy. Accordingly, the Motion for Summary Judgment was granted in favor of the insurer.

Joseph E. Lewis v. Benjamin Northcutt Gibson and CNA Insurance Company, 21st JDC, Case No. 133712, Division "D."
Legal Malpractice
Exception of Peremption, No Right of Action and No Cause of Action in a legal malpractice case. There was a hearing with witnesses after which the case was dismissed.

John H. Vagelos, et al vs. Kim Abramson, et al, Parish of Orleans, CDC, No. 11-2996.
Attorney Liability – RICO
Representation of a prominent divorce attorney against claims of RICO violations as well as state law claims of breach of contract, malpractice and intentional infliction of emotional distress. The Plaintiffs alleged that the defendant's business practices were criminal and sought treble damages, compensatory damages, and attorney fees totaling over $100,000. Marshall filed a Rule 12(b) (6) Motion to Dismiss all claims. After two hours of argument, the Judge ruled from the bench dismissing all claims against the defendants. The decision was upheld by the Fifth Circuit Court of Appeals and the U.S. Supreme Court.

St. Germain, et al. v. Howard, et al., E.D. La. 2008.
Attorney Liability – Security Fraud
Ms. Marshall handled this security fraud case brought against a lawyer and his law firm for improperly prepared corporate documents, alleged to be the basis for Section 10b of Section 12(2) of the Securities Exchange Act of 1933 as well as RICO claims. Motion for summary judgment granted by the trial court and affirmed per curiam by the Federal 5th Circuit.

Tracy Bergquist v. FyBX Corporation, et al., Case No. 02-722, United States District Court for Eastern District of Louisiana. January 2003. U.S. Court of Appeal for 5th Circuit, Case No. 03-30946.
Attorney Liability
Ms. Marshall handled this legal malpractice case arising out of alleged conflict of interest, involuntary dismissal at close of plaintiff's case.

Nat Colona v. John I. Feduccia, No. 96-00897, 21st Judicial District Court, Parish of Tangipahoa. January, 2001.
Products Liability - Personal Injury - $7 Million Demand Denied
Ms. Marshall handled this case involving a fall product trial, where the plaintiff sustained a severely broken leg, requiring more than thirteen surgeries, which, up to the time of the trial, had never healed. Plaintiff's demand was $7 million dollars. After a week-long jury trial, a defense verdict was rendered.

Harold Roy and Hazel Roy v. Gabriel Building Supply Co., Inc. and Davidson Ladders, Inc., No. 9800981, 21st Judicial District Court, Parish of Tangipahoa. April 2004.
Attorney Liability – RICO
The underlying case involved an alleged quadriplegic who claimed to have been injured as a result of an electrocution at a Best Western Motel in Alexandria, Louisiana. There had been a defense verdict after a two-month trial in the underlying case. The lead defense attorney was subsequently sued for allegedly hiding evidence of a defect on the premises. A RICO action was brought against him, as well as his former clients and other defendants in the underlying case. A dismissal was obtained via motion for summary judgment, which was affirmed by the federal Fifth Circuit on appeal. Additionally, the plaintiffs had previously filed a RICO action against the same defendants which was dismissed and have subsequently filed a tort action against the IME doctors in the RICO action, as well as a petition for nullity of the original judgment, all of which were dismissed.

St. Paul Mercury Insurance Company v. Williamson, 986 F. Supp. 409 (W.D. La. 199)
Attorney Liability - Summary Judgment
Ms. Marshall obtained a motion for summary judgment for a defendant lawyer in a case involving allegations of unethical behavior and liability of a lawyer to a third party, non-client.

Lee Roy Joyner v. George Wear, et al., 665 So. 2d 634 (2d Cir. 1995), writ den. 96-0040 (La. 02/28/96), 1996 WL 84524 (La.)
Attorney Liability
This case arose from a failure to timely file a medical malpractice lawsuit after the medical review panel had issued its decision. The trial court found the case had prescribed in the hands of the plaintiff's current attorneys, which was affirmed on appeal.

Adesina Oyefodun v. Ike Spears, et al., 95-1472 (La. App. 4th Cir. 02/15/96), 1996 WL 67335 (La. App. 4th Cir.)
Attorney Liability
This was a legal malpractice case against a lawyer for allowing a case to abandon involving a three-year-old child burned over ten percent of her body, allegedly as a result of a failure on the part of landlord to provide smoke detectors in the apartment. Investigation revealed the smoke detectors had been placed in the apartment, contrary to the testimony of plaintiff's mother and father, resulting in a reasonable settlement of the case.

Ferguson v. Vasques, Case No., 02-09331, Civil District Court for the Parish of Orleans.
Attorney Liability
This legal malpractice case involving underlying issue of alleged medical malpractice with regard to the handling of a code by an emergency room physician necessitating both the use of medical experts and legal malpractice experts. Settled after five days of trial at 25% of the judgment value of the case.

Aaron Davis, et al. vs. Coregis Insurance Co., No. 98-10208, Civil District Court, Parish of Orleans
Attorney Liability
Ms. Marshall handled this legal malpractice case tried in St. Tammany parish in Louisiana. The two-day trial involved allegations that an attorney allowed a case to be abandoned. The defense was that the underlying lawsuit against the State Department of Highways and Transportation had no merit, involving accident reconstructionist and highway engineer. A defense verdict was granted.

Nat Colona v. Lawyer A.B. and Coregis Insurance Company, No. 99-11754, 22nd Judicial District Court, Parish of St. Tammany.
Attorney Liability
Ms. Marshall handled the defense of an attorney in a legal malpractice action arising out of the attorney's alleged failure to properly confect corporate documents. It was tried to defense verdict in a week-long trial.

Warren Leger, Jr., et al. v. Superior Products, Inc., No. 448-764, 19th Judicial District Court, Parish of East Baton Rouge, Louisiana.
Personal Injury
This case arose out of an accident involving a seven year old boy who was playing with a rope on a merry-go-round with an open platform. The rope wrapped around the base of the merry-go-round, tangled with his foot, and dragged him underneath the merry-go-round where his foot was badly broken, requiring two operations. Plaintiff contended that the merry-go-round, which was more than 25 years old had an open design not consistent with standards set forth in the 1990s. A biomechanical expert testified that the cause of the injury was the rope wrapping around the child’s ankle, which could have occurred with or without an open platform on the merry-go-round. The trial court granted a defense verdict.

Daisey Taylor, et al vs. Corcoran Jennison Management Co., et al., CDC No. 02-10631, Div. “E”. August, 2006.
Trucking - Personal Injury - $840k Saved
This case involved an eighteen wheeler which rear-ended a vehicle occupied by the plaintiff, allegedly resulting in a herniated disc and a forced retirement of the plaintiff. The defendant driver of the eighteen wheeler was legally drunk at the time of the accident. The plaintiff demanded policy limits of $1 million dollars. The case was settled after three days of trial for $160,000.

Conners v. Simpson, et al., Case No. 99-3005, Civil District Court for the Parish of Orleans. May 2003.
Civil Death Case
This civil case arose out of the death of an elderly woman’s male maid. The investigating detective arrested the woman with murder, but the District Attorney refused the charges. Thereafter, plaintiff filed a lawsuit alleging that the elderly woman, who, by the time of trial, had herself died of natural causes, was responsible for the death of the male maid. The male maid had a very disturbed personal life. His autopsy revealed the presence of metabolites of heroin, he had threatened suicide, and the gun used was his brother’s. The defense theory was that he had committed suicide. The jury determined that he had not been killed by the defendant.

On Behalf of the Heirs of the Estate of John Gregory Suhor a/k/a Stephan Sure Versus Diane Kohn and XYZ Insurance Company, CDC, No. 2000-09685, “N”. October, 2006.