By anntheriot on 01/03/2018
20 Irwin Fritchie attorneys listed in Louisiana 2018 Super Lawyers. Congratulations to our Super Lawyers: Matt Bailey, Cami Capodice, Tim Daniels, Dow Edwards, Gus Fritchie,
Jim Irwin, Richard McCormack, David Melancon, Douglas Moore, Kim Moore, Stephen Myers, David O’Quinn, John Sinnott, Ed Trapolin, and Quentin Urquhart. Also to our Rising Stars: Kelly Brilleaux, Kelly Juneau Rookard, Jay Mattappally, Elizabeth Showalter, and Meera Sossamon. Jim Irwin is recognized as a Top 10: 2018 Louisiana Super Lawyers, Top 50: 2018 New Orleans Lawyers, and Top 50:2018 Louisiana Super Lawyers.
By anntheriot on 11/15/2017
Irwin Fritchie Urquhart & Moore LLC is pleased to announce that Christopher Whelen has joined the Firm’s New Orleans office as an associate. Chris practices in the areas
of asbestos, casualty, insurance, and products liability.
By anntheriot on 10/10/2017
Jim Irwin and Quentin Urquhart are recognized by Benchmark Litigation as a 2018 Local Litigation Star.
By anntheriot on 10/10/2017
Kelly Brilleaux presented at the New Orleans Bar Association’s Delegation to Panama. She and Luis Leitzelar presented on the Fundamentals of Comparative Legal Ethics: The United States, Latin America, and Beyond.
By anntheriot on 09/12/2017
Matt Bailey, Kelly Brilleaux, and Shannon Jaeckel were guest lecturers at LSU on Monday, September 11. They spoke to second and third year students on ethics. They addressed life as an associate, ethical dilemmas, billing, client challenges relating to billing, work life balance and the stress of life as a lawyer.
By anntheriot on 09/06/2017
12 attorneys are listed in the 2018 edition of Best Lawyers in America.
Insurance Law: New Orleans
Legal Malpractice Law - Defendants
Litigation - Environmental
Litigation - Insurance
Litigation - Labor and Employment
Mass Tort Litigation/ Class Actions - Defendants
Personal Injury Litigation - Defendants
Product Liability Litigation - Defendants
Professional Malpractice Law - Defendants
By anntheriot on 08/15/2017
Quentin Urquhart, Jr was listed as the Top Thought Leader in Who’s Who Legal: Product Liability Defence 2017. The thought leaders are individuals who received the highest number of nominations from peers, corporate counsel, and other market sources in 2017. They are considered truly outstanding practitioners and the very best in their field.
By anntheriot on 06/28/2017
On June 28, 2017, John Sinnott presented on the subject of Defense Tactics Unique to Brain Injury Cases at the National Business Institute’s CLE in New Orleans.
By anntheriot on 06/02/2017
Kim Moore has been named a Fellow in the Litigation Counsel of America. LCA is an invitation-only trial lawyer honor society whose membership is limited to 3,500 fellows. The organization reflects the diverse face of the American Bar. For more information on the Litigation Counsel of America click here.
By anntheriot on 05/23/2017
Sarah Segrest-Jay joins the firm as Counsel and Jay Mattappally joins the firm as an associate.
By anntheriot on 05/23/2017
Douglas Moore was honored on Monday, May 22 as one of 50 members of the 2017 New Orleans CityBusiness Leadership in Law class. The event recognized area professionals in the field of law for their career and community accomplishments.
By anntheriot on 05/18/2017
On Wednesday, May 17, Ed Trapolin presided over his final meeting as the President of the Thomas More Loyola Law School American Inn of Court. Ed fulfilled a two-year term as
President during which time the chapters was recognized as a Platinum level Inn, the highest level of achievement in the American Inns of Court, and conducted a number of outreach and charitable events, including the Covenant House Sleep Out, a bike giveaway, and provided meals to the homeless and needy at Ozanam Inn. Congratulations, Ed!
By anntheriot on 05/18/2017
Kim Moore was a panel member for the Thursday, May 18th NOBA Product Liability Committee CLE: Protective Orders in Products Liability Litigation.
By anntheriot on 05/18/2017
Kim Moore moderated the DRI Drug & Medical Device seminar panel: Lessons Learned from Mass Torts Over the Past 30 Years. The seminar was held in New Orleans from May 11-12, 2017.
By anntheriot on 01/11/2017
Irwin Fritchie Urquhart & Moore LLC is pleased to announce that Alex Robertson has joined the Firm’s New Orleans office as an associate. Alex practices in the areas of casualty, insurance, and products liability. Click here to view Alex’s complete bio.
By anntheriot on 01/03/2017
20 attorneys from Irwin Fritchie were listed as 2017 Super Lawyers. Jim Irwin was listed as one of the top 10 attorneys in Louisiana and Quentin Urquhart was named one of the top 50 attorneys in Louisiana. Congratulations to all our attorneys listed. To see the full listing click here.
By anntheriot on 12/14/2016
Kelly Juneau Rookard and Kelly Brilleaux presented at the New Orleans Bar Association’s Procrastinator’s Program on Wednesday, December 14, 2016. Kelly Juneau Rookard was a speaker on the panel titled, “Professionalism: Play Nice in the Sandbox, and Other Kindergarten Lessons for Lawyers.”, and Kelly Brilleaux was a speaker on the panel titled, “Legal Ramifications of Pokemon Go!”
By anntheriot on 11/18/2016
Irwin Fritchie attended the New Orleans Bar Association’s 92nd annual dinner meeting on November 17, 2016 . Kelly Juneau Rookard addressed the crowd as Past Chair of the Young Lawyer’s Section. Kelly Brilleaux was appointed Vice Chair of the Young Lawyers Section. Stephen Myers was appointed chair of the Pharmaceutical and Medical Device Committee.
By anntheriot on 11/07/2016
Ed Trapolin attended the American Inns of Court Celebration of Excellence dinner on Saturday, November 5 at the Supreme Court of the United States. Ed currently serves as President of the Thomas More Loyola Law School American Inn of Court.
By anntheriot on 11/01/2016
Irwin Fritchie is recognized by Best Lawyers as a “Best Law Firm” in 9 practice areas.
NATIONAL TIER 2: Railroad Law
METROPOLITAN TIER 1, New Orleans: Insurance Law, Legal Malpractice Law - Defendants, Litigation - Labor & Employment, Mass Tort Litigation / Class Actions - Defendants
Personal Injury Litigation - Defendants, Product Liability Litigation - Defendants, Professional Malpractice Law - Defendants, Railroad Law
METROPOLITAN TIER 3, New Orleans: Litigation - Environmental
By anntheriot on 10/24/2016
Lizzi Showalter chaired the St.Thomas More Inn Of Court Saints Pizza Party for the Covenant House. The event was a pizza party and Saints trivia during the Saints v. Chiefs game on Sunday, October 23.
By anntheriot on 10/07/2016
Irwin Fritchie welcomes Matt Averill as an associate in our New Orleans office. View Matt’s full profile here.
By anntheriot on 09/27/2016
John Sinnott has been appointed as Vice-Chair of the Federation of Defense & Corporate Counsel’s (FDCC) Data Breach, Privacy, and Insurance section.
By anntheriot on 09/16/2016
CityBusiness released their 2016 Best Places to Work and Irwin Fritchie was one of the 35 large companies listed. Companies are chosen based on disclosed workplace data such as salary, benefits, retention level, and employee advancement as well as a survey of company employees which measures workplace culture. This is the 5th time in 7 years that Irwin Fritchie is recognized as a CityBusiness Best Place to Work.
By anntheriot on 09/06/2016
Dow Edwards was featured in the September 6 article about the Secret Lives of Attorneys. The article highlights Dow’s work as Spy Boy for the Mohawk Hunters. The full article can be viewed here.
By anntheriot on 08/16/2016
Best Lawyers released the 2017 Best Lawyers in America Report which lists 13 attorneys from Irwin Fritchie in 10 different practice areas. All Irwin Fritchie member bios can be found here.
Timothy Daniels:Mass Tort Litigation/ Class Actions – Defendants; Personal Injury Litigation –Defendants; Product Liability Litigation – Defendants; Railroad Law
Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants;Railroad Law
Insurance Law; Legal Malpractice Law – Defendants; Personal Injury Litigation –Defendants; Professional Malpractice Law – Defendants
Jim Irwin: Mass
Tort Litigation/ Class Actions – Defendants; Personal Injury Litigation –Defendants; Product Liability Litigation – Defendants
Personal Injury Litigation – Defendants
Insurance Law; Mass Tort Litigation/ Class Actions – Defendants; Product Liability Litigation – Defendants
Litigation – Labor & Employment
Insurance Law; Product Liability Litigation – Defendants
Product Liability Litigation – Defendants
Professional Malpractice Law – Defendants
Insurance Law (Lawyer of the Year); Litigation – Environmental; Litigation –Insurance; Mass Tort Litigation/ Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
By anntheriot on 08/01/2016
Four Irwin Fritchie attorneys are recognized in the 2016 Who’s Who Legal Guide as top attorneys in their fields. The listing can be found here.
By anntheriot on 08/01/2016
Quentin Urquhart, Jr. was named by Who’s Who Legal as one of the most highly regarding individuals in the USA in product liability defence. The publication calls Quentin a “standout” in the market and recognizes him for his “phenomenal” defence in products liability law. Red the full article here.
By anntheriot on 07/27/2016
John Sinnott presented at the FDCC annual meeting in Quebec on how to negotiate volume work at rates that work for both sides.
By anntheriot on 07/27/2016
Stephen Myers presented, “Legal Jiu Jitsu: How to Turn Tables on the Plaintiff Bar’s Advertising Juggernaut” at the IADC 2016 Annual Meeting in Bermuda.
By anntheriot on 06/20/2016
Quentin Urquhart was quoted in the June ABA Journal regarding the use of animations at trial. Read the full article here.
By anntheriot on 06/10/2016
Stephen Myers presented, “A Disruptive Technology: How Will 3D Printing Alter the Products-Liability Landscape?” at the Trial Attorneys of America annual meeting in Chicago, Illinois on June 10, 2016.
By anntheriot on 05/25/2016
Irwin Fritchie received an A rating by Above the Law for our gender diversity. The ATL Law Firm Gender Diversity Database is the most comprehensive and accurate database of its kind available anywhere. Our data does not rely on surveys, polling, or extrapolation of any kind. Instead, they teamed up with NavForward – a technology company that focuses on the legal market – to categorize every lawyer in the largest 1,200 firms in the United States through various data mining techniques. For the first time ever, they can confidently compare firms and offices against each other on a very granular level to determine which firms are actually succeeding in their gender diversity efforts. View the full survey here.
By anntheriot on 05/24/2016
4 Irwin Fritchie attorneys are listed in Who’s Who Legal Life Sciences 2016. Jim Irwin, Douglas Moore, Kim Moore, and Quentin Urquhart, Jr are all recognized as the top Product Liability attorneys in Louisiana.
By anntheriot on 05/17/2016
Ed Trapolin was honored at the May 16, 2016 CityBusiness Leadership in Law reception. The reception honored the top 50 attorneys in the New Orleans area who have set the pace for the legal community through exceptional practice, leadership, and commitment to the community.
By anntheriot on 05/10/2016
Jim Irwin, Quentin Urquhart, Jr., and Kim Moore have all been recognized by Legal Media Group’s Expert Guide as the premier practitioners in Product Liability. Kim has also been recognized as a Woman in Business Law. Legal Media Group’s Expert Guides series has been an invaluable and indispensable source of guidance for in-house counsel in large corporations worldwide, since its inception in 1994. These practice area guides are designed primarily for individuals who require access to World’s leading practitioners in specific areas of law for the purpose of instruction on an international basis.
By anntheriot on 05/05/2016
On May 4, 2016, John Sinnott and Michael Huddleston of Munsch Hardt Kopf & Harr presented, Insurance Company Patterns and Practices - The Discovery and Admissibility of Evidence of “Other Claims” at the American College of Coverage and Extracontractual Counsel Annual Meeting in Chicago, Illinois. Their presentation was a review of potential uses and abuses of discovery of a carrier’s handling of other related or similar claims and/or coverage positions taken in such claims, and consideration of recent decisional trends regarding discoverability and admissibility of such evidence.
By anntheriot on 05/02/2016
Insuralex is again recognized by Chambers & Partners in the 2016 Global Guide. Chambers Global covers over 190 countries across the world and also includes Region-wide and Global-wide sections. Insuralex is a world wide network of independent insurance and re-insurance attorneys, dedicated to the Insurance and Risk Management Communities. Irwin Fritchie is proud to be the Louisiana member of Insuralex.
By anntheriot on 04/18/2016
Irwin Fritchie was proud to be a sponsor and to have a team participating in the 2016 New Orleans Bar Association’s Bar & Grille competition. Our team cooked baby back ribs with a bean salad, Louisiana strawberry cheesecake, and a home brewed IPA. We won 3rd Place for Best Traditional Dish and 3rd Place Overall. All proceeds for this event went to the Southeast Louisiana Legal Services!
By anntheriot on 04/14/2016
We are proud to be a part of Minority Corporate Counsel Association (MCCA) Firm Affiliate Network. The Minority Corporate Counsel Association was founded in 1997 to advocate for the expanded hiring, retention, and promotion of minority attorneys in corporate law departments and the law firms that serve them. MCCA furthers its mission through the collection and dissemination of information about diversity in the legal profession. MCCA takes an inclusive approach to the definition of “diversity.” Therefore, its research addresses issues of race/ethnicity, gender, sexual orientation, disability status, and generational differences which impact the legal profession’s workforce. We are proud to be affiliated with this organization.
By anntheriot on 04/11/2016
Jim Irwin was recently inducted into the International Academy of Trial Lawyers (IATL) at their Annual Meeting held April 2-6, 2016.
The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States. The Academy seeks out, identifies,acknowledges and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice. Members are engaged in civil practice on both the plaintiff’s and the defendant’s side of the courtroom, and the trial of criminal cases. The Academy invites only lawyers who have attained the highest level of advocacy. A comprehensive screening process identifies the most distinguished members of the trial bar by means of both peer and judicial review. Mr. Irwin has been evaluated by his colleagues and the judges in his jurisdiction and has been highly recommended by them as possessing these qualifications and characteristics.
Chartered in 1954, the Academy’s general purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the Administration of Justice, and elevate the standards of integrity, honor and courtesy in the legal profession.
By anntheriot on 04/11/2016
Irwin Fritchie was a capital sponsor for the Friday, April 8 Louisiana Bar Foundation Gala. The Louisiana Bar Foundation exists to preserve, honor, and improve our system of justice by funding, developing or otherwise promoting efforts which enhance the legal profession, increase public understanding of the legal system and advance the reality of equal justice under the law.
By anntheriot on 04/01/2016
Kelly Juneau Rookard and Kelly Brilleaux are featured on the April 2016 cover of New Orleans Bar Association’s magazine, “Briefly Speaking.” In this edition NOBA introducing their members to the board of the Young Lawyers Section.
By anntheriot on 03/23/2016
On March 23, 2016 David Melancon and Palmer Lambert of Gainsburgh Benjamin presented a CLE titled, “Medicare and Other Lien Resolution in Complex Litigation.” The CLE was presented by the New Orleans Bar Association’s Class Actions/ Complex Litigation Committee.
By anntheriot on 03/08/2016
In March 2013, plaintiff Rebecca Pouncy was shopping at Winn-Dixie and fell “while entering the store on standing water on the floor.” Three days after her fall, she sued Winn-Dixie and its employees under Louisiana’s Merchant Liability Statute, La. R.S. 9:2800.6 (pdf), alleging that they “did not place adequate mats out during a rain storm
and did not warn customers or prevent the floor from becoming very slippery.”
In her deposition, Ms. Pouncy testified that she had “no idea” what caused her to fall and that she did not see any substance on the ground when she fell. She also testified that her clothes “felt damp,” but were not actually wet after the fall. Furthermore, her testimony indicated that there was a green wet floor sign “right at the entrance of the door,” and the sign was “always there” in the same spot when she visited the store.
Winn-Dixie filed a motion for summary judgment, arguing that Ms. Pouncy could not satisfy her burden of proof under La. R.S. 9:2800.6. Specifically, Winn-Dixie argued that, based on her deposition testimony, there was no way Ms. Pouncy could prove either the existence of an unreasonably dangerous condition in the store, or that Winn-Dixie had
actual or constructive notice of an unreasonably dangerous condition. Ms. Pouncy opposed the motion, arguing that because she was not aware of all of the technical reasons a floor may be dangerously slick, the court should not rely on her deposition testimony. The trial court granted Winn-Dixie’s motion for summary judgment, and Ms. Pouncy appealed, arguing that there were genuine issues of material fact regarding the presence of water on the floor and Winn-Dixie’s constructive notice of the water.
The Fifth Circuit Court of Appeal affirmed and cited Alonzo v. Safari Car Wash, Inc., in support of its holding that Ms. Pouncy’s deposition testimony that her clothes were damp was insufficient to establish that she would be able to prove the existence of a condition that presented an unreasonable risk of harm. The Court also held that Ms. Pouncy’s testimony regarding the green wet floor sign was insufficient to prove that Winn-Dixie had constructive notice of an unreasonable risk of harm.
Take-Away: A plaintiff’s allegation that her clothes felt “damp” after falling on a merchant’s premises is insufficient to satisfy her burden of proving the existence of an unreasonably dangerous condition under Louisiana’s Merchant Liability Statute.
For similar posts visit our Louisiana Premises Liability Law Blog.
By anntheriot on 03/07/2016
Ed Trapolin was selected by CityBusiness for in inclusion in their 2016 Leadership in Law class. Ed was chosen for his career and community accomplishments. He will be recognized at an awards reception on Monday, May 16.
By anntheriot on 02/16/2016
On April 18, 2012, Benjamin Tomaso visited the Home Depot in Slidell, Louisiana. He parked his car near the main entrance while his fiancé entered the store to return an item. When he noticed lawn tractors near the entrance, he stepped out of his car and sat on one of the tractors to “check it out.” A Home Depot employee asked Mr. Tomaso to remove himself from the tractor because there was insufficient room for the employee to push shopping carts between Mr. Tomaso’s parked car and the tractor. While attempting to step down from the tractor, Mr. Tomaso fell. At first, he was not sure what caused him to fall, but after he fell, he noticed a small zip tie on the floorplate of the tractor and concluded that it was the only possible cause of his accident.
Mr. Tomaso filed a slip-and-fall suit against Home Depot, U.S.A., Inc. (“Home Depot”), claiming that he suffered extensive injuries as a result of his foot being snagged by a hazard – the zip tie – that had negligently not been removed from the subject tractor. Home Depot filed a motion for summary judgment, asserting that Mr. Tomaso failed to meet the requisite burden of proof governing negligence claims against merchants pursuant to La. R.S. 9:2800.6 (pdf). Specifically, Home Depot argued that the zip tie was not a defective condition or otherwise inherently dangerous, and that Mr. Tomaso presented no evidence that any injury caused by a zip tie was foreseeable or that Home Depot should have known an injury could occur. Additionally, Home Depot urged that Mr. Tomaso could not prove causation because he did not know what caused him to fall initially, and only after he saw the zip tie, Mr. Tomaso considered that to be the sole possible cause.
In opposition to Home Depot’s motion, Mr. Tomaso introduced excerpts from the deposition of Home Depot’s assistant manager, who testified that the zip tie is placed on the tractor by the manufacturer to secure it during transit, and that the zip tie is usually removed by the customer after purchase. In support of its motion, Home Depot introduced the affidavits of two Home Depot employees stating that neither employee had ever witnessed or taken an incident report where a customer tripped on a zip tie connected to a lawn tractor on display.
Following a hearing, the trial court granted Home Depot’s motion and dismissed Mr. Tomaso’s action. Mr. Tomaso appealed, asserting that the trial court erred in finding: (1) Home Depot was not negligent for failure to remove zip ties from the tractor before allowing Mr. Tomaso to climb on it for inspection; (2) the negligently left zip tie on the tractor was not a hazard; (3) that the negligently left zip tie was not an unreasonable risk of harm; and (4) that Home Depot’s supervisor employee was not negligent in ordering Mr. Tomaso to immediately remove himself from the tractor without warning him of the negligent hazardous zip tie as he was stepping down from the tractor.
Although Mr. Tomaso did not specify which substantive law he believed was applicable to his case, the Court of Appeal discussed two relevant statutes: merchant liability under La. R.S. 9:2800.6 and premises liability arising from ownership or custody under La. Civil Code art. 2317.1 (pdf). The Court noted that the applicability of the merchant liability statute was questionable given that the accident took place outside the store entrance in the parking lot and did not arise from Home Depot’s
failure to specifically keep its aisles, passageways, and floors in a reasonably safe condition. Nonetheless, the Court found that summary judgment was appropriate under either statute because there was no evidence to suggest that Home Depot had knowledge of a danger or risk of harm created by the zip tie before Mr. Tomaso’s accident, and proof thereof was required under either theory of recovery. In addition, the Court reasoned that Mr. Tomaso’s post hoc speculation that the zip tie caused his accident was insufficient to provide the factual support necessary to show he would be able to meet his burden of proving causation at trial.
Finding Mr. Tomaso failed to come forward with evidence sufficient to create a genuine dispute for trial on the essential elements of his claim, the Court of Appeal affirmed the trial court’s judgment granting summary judgment in favor of Home Depot and dismissing Mr. Tomaso’s claims.
Take-Away: To recover under either the merchant liability statute (La. R.S. 9:2800.6) or the premises liability statute based on ownership or custody (La. C. C. art. 2317.1), a slip-and-fall plaintiff bears the burden of proving that the defendant had actual or constructive knowledge of a danger or risk of harm before the
plaintiff’s accident. Additionally, post hoc speculation as to what caused an accident is not enough to show that a plaintiff would be able to meet his or her burden of proof at trial.
Please visit our premises liability law blog here.
By anntheriot on 02/03/2016
A contractor who does not have custody or control over a tool and did not have knowledge of an alleged defect in the tool cannot be held responsible for injury caused by its use. Read the full blog article here.
By anntheriot on 02/03/2016
David Melancon will speak on the Medicare Secondary Payer statute and related regulations during the DRI Webinar, “Medicare Secondary Payer Act: Case Law Update” on Thursday, February 25, 2016 at 1 p.m. CST. The webinar will cover how courts have interpreted and enforced the MSP Act over recent years, giving an up-to-date synopsis of MSP
David will be joined by Webcast Chair Catherine Goldhaber of Segal McCambridge and Judy O’Grady of Pepper Hamilton. Registration is available here.
By anntheriot on 02/02/2016
Stephen Myers presented “The Impact of Plaintiffs’ Lawyer Advertising on Mass Tort Litigation” at the DRI Product Liability Conference in New Orleans on February 2, 2016.
By anntheriot on 01/29/2016
Irwin Fritchie was a proud sponsor of the Annual Loyola Law Alumni Luncheon held on January 29 at the Ritz Carlton. At the luncheon Leila D’Aquin was named President-Elect of the Board.
By anntheriot on 01/25/2016
To see Cami’s full Martindale profile click here.
By anntheriot on 01/20/2016
On November 1, 2013, Virgie Ray was shopping for clothes at the Stage Store, the same retail store where she had shopped regularly for years. Standing next to a rolling clothing rack, Ms. Ray asked an employee for help with finding a blouse. Attempting to follow the employee to another area of the store, Ms. Ray stepped into the clothing rack, and her right foot caught the bottom bar of the rack, causing her to fall.
Ms. Ray filed a slip-and-fall suit against the Stage Store owners (“Stage”), claiming that she suffered injuries to her knees, face, shoulder, neck and right eye. She claimed that the clothing rack created an unreasonable risk of harm that Stage’s employee had a duty to warn her about. To prove her claim under Louisiana law, Ms. Ray must show that an unreasonably dangerous condition existed in the store when she fell, and that Stage created the condition, knew that the condition existed, or should have known the condition existed. In addition, Ms. Ray must show that Stage’s employee failed to exercise reasonable care to protect her from the unreasonably dangerous condition. Stage filed a motion for summary judgment asking the court to dismiss Ms. Ray’s claims on the basis that she had presented no evidence to support the elements of her claim. According to Stage, the clothing rack and its exposed feet were open and obvious and did not create an unreasonable risk of harm, and its employees had no duty to warn Ms. Ray of the rack’s presence or location.
Video evidence of the accident confirmed that the clothing rack was plainly visible to Ms. Ray immediately before she fell, and although Ms. Ray testified at her deposition
that she could not see the bottom of the rack, she made a contradictory binding admission in which she denied that she did not see the bottom of the rack before she fell. Based on the available evidence, the court found that Ms. Ray was aware of and saw the clothing rack before she tripped and fell. As a result, the court concluded that the clothing rack did not create an unreasonable risk of harm. Rejecting Ms. Ray’s argument that she never had a chance to look down before she began to follow the employee, the court found that neither the accident video nor Ms. Ray’s own testimony reflected that she did not have a chance to look down, or that something prevented her from looking down, before she started walking.
The court also rejected Ms. Ray’s argument that the store employee’s actions in placing or using the clothing rack were unreasonable and/or violated the store’s policy to transfer
clothes from rolling racks to permanent racks as quickly as possible and then move the rolling racks to the warehouse when finished. Ms. Ray did not present any evidence showing that the employee’s actions violated the store policy or were otherwise unreasonable. Moreover, Ms. Ray failed to cite a single Louisiana case that found an unreasonable risk of harm was created, and the defendant had a duty to warn, when a temporary clothing rack was used for the same purpose, in the same manner, and in accordance with the same or a similar store policy.
Finding Ms. Ray failed to come forward with evidence sufficient to create a genuine dispute for trial on the essential elements of her claim, the court granted Stage’s motion
and dismissed Ms. Ray’s claims.
Take-Away: The mere presence of an obstacle in a store, such as a temporary clothing rack, does not create an unreasonable risk of harm when the condition
is open and obvious. Additionally, a store employee’s use/maintenance of a temporary rack or display case does not amount to a failure to use reasonable care unless the claimant can show that the employee’s conduct violated a store policy or was otherwise unreasonable. In order to avoid such claims, retail store owners should take steps to implement a feasible store policy on proper use and maintenance of temporary racks and/or display cases and to train employees to ensure routine compliance with that policy.
For related articles please visit our Louisiana premises liability law blog.
By anntheriot on 01/06/2016
On December 30, 2015 Cami Capodice and Kelly Juneau Rookard presented a Drug & Medical Devices: A Year in Review CLE for the New Orleans Bar Association
By anntheriot on 01/06/2016
On December 29, 2016 David Melancon was a presenter for the NOBA CLE on Health Insurance Liens in Liability Actions and Complex Litigation, Compliance in an Evolving Paradigm.
By anntheriot on 01/06/2016
On December 15, Kelly Brilleaux moderated the discussion hosted by NOBA titled, “30 Practice Tips in 60 Minutes”
By anntheriot on 01/06/2016
On November 12, 2016 Ed Trapolin presented on Professionalism: What are the Rules for? Absolutely Everything!
By anntheriot on 12/28/2015
14 Irwin Fritchie lawyers listed as 2016 Louisiana Super Lawyers and 6 listed as 2016 Louisiana Rising Stars.Jim Irwin was also recognized as one of the top 10 attorneys in Louisiana and Jim and Quentin are both listed as two of the top 50 attorneys in Louisiana.
2016 Louisiana Super Lawyers:
Matthew Bailey Personal Injury - General: Defense
Cami Capodice Personal Injury - Products: Defense
Timothy Daniels Transportation
Dow Edwards Personal Injury - General: Defense
Gus Fritchie Professional Liability: Defense
Jim Irwin Personal Injury - Products: Defense
David Melancon Personal Injury - Products: Defense
Douglas Moore Personal Injury - Products: Defense
Kim Moore Personal Injury - Products: Defense
Stephen Myers Personal Injury - Products: Defense
David O’Quinn Personal Injury - Products: Defense
John Sinnott Construction Litigation
Edward Trapolin Professional Liability: Defense
Quentin Urquhart Personal Injury - Products: Defense
2016 Louisiana Rising Stars
Kelly Brilleaux Personal Injury - Products: Defense
Christopher Irwin Insurance Coverage
Kelly Juneau Rookard Personal Injury - General: Defense
Elizabeth Richard Showalter Insurance Coverage
Meera Sossamon Personal Injury - Products
By anntheriot on 12/04/2015
Kim Moore was re-appointed as chair of the New Orleans Bar Association’s Pharmaceutical & Medical Devices Committee. This term will last through 2017.
By anntheriot on 12/02/2015
On December 1, 2015, Meera Sossamon presented a CLE on state and federal court rules as part of the Federal Bar Association, New Orleans Chapter’s Malcolm Monroe Seminar.
By anntheriot on 11/23/2015
Quentin F. Urquhart, Jr has joined the Board of Directors for the Louisiana Center for Children’s Rights. LCCR works to defend the right of every Louisiana child and promotes fairness, dignity, and opportunity. The organization advocates and litigates for a transformed juvenile justice system that is fair, compassionate, and promotes positive youth development.
By anntheriot on 11/23/2015
Congratulations to David Melancon who has been re-appointed to DRI’s Medicare Secondary Payer Task Force.
By anntheriot on 11/20/2015
On Thursday, November 19, Irwin Fritchie attorneys attended the sold out New Orleans Bar Association Annual Dinner. Kelly Juneau Rookard was sworn in as chair of the Young Lawyers Section and Kelly Brilleaux was sworn in as secretary of the Young Lawyers Section.
By anntheriot on 11/20/2015
Ed Trapolin slept out on the street with Covenant House last night to raise awareness and funds for homeless youth in New Orleans. Ed was quoted as saying, Crazy is not doing anything, and it’s only one night, and it’s such a small thing in the grand scheme of things.” We are very proud of Ed’s contribution to this cause. Ed’s interview with WDSU news can be viewed here.
By anntheriot on 11/19/2015
On Thursday, November 19, Matt Bailey presented at the Coca Cola Bottler’s Association’s 2015 Management Seminar on the topic of Incident Management and Crisis Response.
By anntheriot on 11/17/2015
Read this great blog post by our associate Lizzi Richard Showalter on why speculation is not enough for a constructive notice claim.
By anntheriot on 11/17/2015
On Tuesday, November 19, 2015 Kim Moore presented on Legal Ramifications at the ASTM International Medical and Surgical Materials and Devices workshop. Kim presented at a break out session titled: Beyond the Implant: Retrieval Analysis Methods for Implant Surveillance. To find out more about ASTM International you can visit their web-site.
By anntheriot on 11/16/2015
Six Irwin Fritchie attorneys are listed in the New Orleans Magazine 2015 Top Lawyers list.
|Dow Michael Edwards: Railroad Law Gus A Fritchie, III:Legal Malpractice Law James B. Irwin: Product Liability Litigation, Kim E. Moore: Product Liability Litigation Quentin F. Urquhart, Jr.: Product Liability Litigation Timothy F. Daniels: Railroad Law|
By anntheriot on 11/13/2015
Irwin Fritchie was a tee sponsor for the 2015 Loyola Moot Court Golf Tournament at Stonebridge Golf Course.
By anntheriot on 11/10/2015
Meera Sossamon sat on the Tulane Legal Specialties Panel speaking about her practice in the areas of pharmaceutical and medical device defense and products liability.
By anntheriot on 11/06/2015
Irwin Fritchie Urquhart & Moore LLC was a platinum sponsor of the Federal Bar Association, New Orleans Chapter’s Federal Judges Reception. We are proud of our attorneys who are involved in this professional organization.
By anntheriot on 11/04/2015
Tim Daniels presented, “Professionalism, Its Importance to Attorneys, Clients, and Justice” to the New Orleans Bar Association’s Inn of Court on Wednesday, November 4, 2015.
By anntheriot on 11/02/2015
Irwin Fritchie Urquhart & Moore LLC has been ranked in the 2016 U.S. News - Best Lawyers® “Best Law Firms” list nationally in 1 practice area and regionally in 9 practice areas.
Firms included in the 2016 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.
Irwin Fritchie Urquhart & Moore LLC received the following rankings in the 2016 U.S. News – Best Lawyers “Best Law Firms”:
National Tier 2: Railroad Law
New Orleans Metropolitan Tier 1: Insurance Law; Legal Malpractice Law - Defendants; Mass Tort Litigation / Class Actions - Defendants; Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants; Professional Malpractice Law - Defendants; Railroad Law
New Orleans Metropolitan Tier 2: Litigation - Labor & Employment
New Orleans Metropolitan Tier 3: Litigation - Environmental
By anntheriot on 10/28/2015
Jim Irwin and Quentin Urquhart, Jr are listed by Benchmark Litigation as 2016 Local Litigation Stars. Now in its ninth year, Benchmark exclusively covers the litigation and disputes market in North America. A full listing can be found here.
By anntheriot on 10/26/2015
Ed Trapolin and Judge Madeleine Landrieu attended The American Inns of Court Celebration of Excellence hosted by Justice Ruth Bader Ginsburg at the Supreme Court of the United States this past Saturday, October 24. The event honored individuals who have contributed their talent, time, energy, and resources to furthering the ideals of the American Inns of Court. We are so proud of Ed for all of his great work and leadership in this organization.
By anntheriot on 10/22/2015
Irwin Fritchie Urquhart & Moore LLC is listed as a recommended law firm for product liability in Legal Media Group’s 2015 Life Sciences Guide. This publication lists the leading life science firms and attorneys in Europe and North America. The guide also lists Jim Irwin and Quentin Urquhart, Jr. as life science stars. See the full list of life science stars here.
By anntheriot on 10/14/2015
IADC named 2 Irwin Fritchie attorneys as vice-chairs to the Drug Device & Biotech Commitee. Brigid Brown is vice-chair of Membership and Douglas Moore is vice-chair of Programs & Projects.
By anntheriot on 10/12/2015
Negligence cannot be inferred against a business owner or an owner of an allegedly defective thing simply because an accident happened and somebody got hurt. And if the plaintiff’s “evidence” that she was injured by something “defective” consists of nothing more than conclusory allegations or calls for improbably inferences or speculation about a defect, then the case is subject to being summarily dismissed. Read full article written by Chris Irwin here.
By anntheriot on 10/09/2015
Irwin Fritchie is always happy to be a tee sponsor of the NOBA Golf Tournament. We have a great team playing at Audubon Park and we are so proud of Kelly Brilleaux for chairing this event.
By anntheriot on 10/08/2015
Matt Bailey was a speaker at the Thursday, October 8, 2015 DRI Annual Meeting.
By anntheriot on 10/01/2015
Irwin Fritchie employees donated $5 or more to wear jeans to work on Thursday, October 1. The funds will support the American Cancer Society and their breast cancer programs and services.
By anntheriot on 09/23/2015
Irwin Fritchie Legal Nurse Consultant, Lori Lukinovich, will be teaching an online course at LSU School of Nursing. We are so proud of our entire team for always excelling in their fields!
By anntheriot on 09/21/2015
In honor of the firm anniversary over 40 employees volunteered their time to complete a service project with Youth Rebuilding New Orleans. Our team worked to add siding to a building, paint, clean up the construction area, and demo a concrete wall.
By anntheriot on 09/01/2015
Irwin Fritchie Urquhart & Moore LLC is pleased to announce that Matthew W. Bailey has joined the firm as a Member. Matt will practice in the areas of casualty, complex litigation, products liability, insurance, and premises liability.
By anntheriot on 08/27/2015
Stephen Myers was sworn in today as a Member of the Board of Directors for the Federal Bar Association, New Orleans Chapter. Stephen is the Immediate Past Chair for the Younger Lawyers Division. Lizzi Richard was sworn in as a Member of the Board of Directors for the Younger Lawyers Division of the Federal Bar Association, New Orleans Chapter. The event took place on Thursday, August 27 at the Westin Hotel.
By anntheriot on 08/19/2015
Congratulations to the 13 Irwin Fritchie attorneys listed in The Best Lawyers in America 2016 including Jim Irwin who is recognized as the 2016 Product Liability Litigation - Defendants New Orleans Lawyer of the Year. A full listing of our attorneys can be found here.
Timothy Daniels: Mass Tort Litigation/ Class Actions –Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; Railroad Law
Dow Edwards: Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
Gus Fritchie: Insurance Law; Legal Malpractice Law – Defendants; Personal Injury Litigation – Defendants; Professional Malpractice Law – Defendants
Jim Irwin: Mass Tort Litigation/ Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants (2016 New Orleans Lawyer of the Year)
Richard McCormack: Litigation – Labor & Employment
Douglas Moore: Personal Injury Litigation – Defendants
Kim Moore: Insurance Law; Mass Tort Litigation/ Class Actions – Defendants; Product Liability Litigation – Defendants
Stephen Myers: Litigation – Labor & Employment
David O’Quinn: Insurance Law; Product Liability Litigation – Defendants
John Sinnott: Product Liability Litigation – Defendants
Edward Trapolin: Professional Malpractice Law – Defendants
Quentin Urquhart: Insurance Law; Litigation – Environmental; Litigation – Insurance; Mass Tort Litigation/ Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
By anntheriot on 08/04/2015
Even when a store employee is at fault in causing an accident, a plaintiff must prove that his injuries were caused by the employee’s conduct. It therefore is important that the store owner document each party’s version of the incident, along with any available witnesses’ version; have the involved employee describe the events of the accident; and document the customer’s physical condition immediately after the incident occurs. Read full article here.
By anntheriot on 07/23/2015
By anntheriot on 07/07/2015
Dow Edwards was appointed by the Louisiana Supreme Court to the Committee on Bar Admissions. Dow will serve a five year term commencing on July 1, 2015.
By anntheriot on 07/02/2015
Stephen Myers was named Programming Chair for the DRI Drug & Device Complex Medicine/Experts Substantive Law Group.
By anntheriot on 06/26/2015
Who’s Who Legal brings together Leandro Castelli of Marval O’Farrell & Mairal, Peter O’Donahoo of Allens, and Quentin Urquhart, Jr. of Irwin Fritchie Urquhart & Moore to discuss the common sources of defense work, the evolution of the plaintiff bar, as well as local regulatory developments. See full article here.
By anntheriot on 06/23/2015
Edward W. Trapolin was elected as President of the Thomas More Loyola Law School American Inn of Court at a June 17, 2015 meeting of the organization. Ed will serve a two year presidential term.
By anntheriot on 06/03/2015
David Melancon is a contributing editor in the Defense Practitioner’s Guide to Medicare Secondary Payer Issues, 2015 edition, published by the Defense Research Institute. This new publication provides insight into the statutory changes to the Medicare Secondary Payer Act as well as into how interpretation of the statute has changed. This comprehensive reference guide takes into account the Center for Medicare & Medicaid Services’ implementation of the Strengthening Medicare and Repaying Taxpayers Act and is designed to be used by lawyers and claims professionals who seek practical answers quickly.
By anntheriot on 05/19/2015
Jim Irwin and Quentin Urquhart are named in the Chambers USA 2015 guide. Chambers Guides have been ranking the best law firms and lawyers since 1990 and cover 185 jurisdictions throughout the world. Chambers is often viewed as the top peer-review publication in the world. Jim & Quentin are recognized nationwide as some of the top lawyers in Product Liability & Mass Tort litigation.
Jim Irwin is described as “an outstanding trial lawyer.” He is considered a key player in the drug and device space.
“A go-to lawyer in New Orleans,” Quentin Urquhart is highlighted for his role as a strategist on major product liability and toxic tort litigation.
By anntheriot on 05/15/2015
Irwin Fritchie Urquhart & Moore LLC was recognized by NOLA.com/Times-Picayune on Friday, May 15, as a 2015 Top Workplace in New Orleans. Out of 800 nominees, 40 recipients were chosen based on employee surveys. Honorees were categorized by size and Irwin Fritchie was ranked 9th out of 20 in the small business section.
See full article and rankings for small businesses here.
By anntheriot on 05/11/2015
After a day-long bench trial, in the 19th JDC in Baton Rouge, Louisiana, Claire Noonan and Ed Trapolin obtained a defense judgment in favor of an apartment building owner, the management company, and their insurer. The trial court held that the plaintiff failed to carry his burden of establishing the existence of a defect in exterior stairs and prior knowledge by the property owner of a defective light in the area.
By anntheriot on 04/07/2015
Irwin Fritchie is a proud sponsor of the 2015 Louisiana State Bar Association Diversity Conclave. This is a wonderful event and we are thrilled to participate.
By anntheriot on 04/07/2015
Team Irwin Fritchie was out of this world on Sunday, March 22, at the annual New Orleans Bar Association Bar & Grille. Our team made a healthy DeLorean juice made of blueberries, raspberries, bananas, spinach, oats, and sugar, as well as hoverballs made from blended chocolate wafers and cream cheese covered in chocolate. Our Back to the Future theme was a big hit, winning us 3rd place for the Most Creative Dishes. Congratulations to our team! All proceeds from the Bar & Grille benefit New Orleans legal non-profits.
By anntheriot on 04/07/2015
Irwin Fritchie sponsored attorneys Stephen Myers and Brigid Brown, who ran the Crescent City Classic on Saturday, April 4, to benefit Boys Hope Girls Hope of New Orleans. Boys Hope Girls Hope helps academically capable and motivated children-in-need to meet their full potential and become men and women for others by providing value-centered, family-like homes, opportunities, and education through college. Congratulations to all attorneys and staff who participated in the race!
By anntheriot on 01/28/2015
Dow Edwards was inducted into the Oklahoma Panhandle State University Aggie Hall of Fame on January 16, 2015. Dow was recognized for his years on the Aggie football team!