Robert Kerrigan, Jr.: Representative Works

Personal Injury

Mr. Kerrigan, Mr. Glas and Ms. Belsome obtained precedent-setting summary judgments on behalf of U.S. Gypsum Corporation and its subsidiary, L&W Supply Corporation, in a multi-million dollar untarping case. Plaintiff was a Western Express truck driver who was paralyzed after falling from atop his load of stacked sheetrock while on L&W Supply property. Plaintiff claimed that Defendants knew that truck drivers were sometimes forced to climb their load during untarping, and did nothing to prevent the practice or protect the drivers. Plaintiff argued that Defendants owed a duty under OSHA's Multi-Employer Worksite Doctrine and Louisiana state law, and breached that duty by failing to provide fall protection, warnings, and assistance. Defendants argued that they owed no duty to tell a non-employee, professional truck driver how to do his job while on L&W Supply property. Judge Engelhardt of the United States District Court for the Eastern District of Louisiana wrote an eleven-page judgment agreeing that the Defendants neither owed nor assumed a duty to the Plaintiff; he further concluded that Plaintiff's "failure to take precautions when faced with obvious risk, combined with [Western Express’] seemingly lax driver/untarping policies and procedures, resulted in an unfortunate accident. [Plaintiff’s] remedy, albeit limited, is found in workers’ compensations benefits provided by his employer.” The ruling was issued one week before trial, and only days after opposing counsel demanded $8 million to settle the case.
James Offord and Patricia Offord v. United States Gypsum Corporation, Seacoast Supply, and L&W Supply Corporation, USDC EDLA, No. 07-8704, Section “N”

Notary Professional Liability

Mr. Kerrigan and Ms. Belsome represented a notary who was sued in a real estate dispute, along with the property’s alleged seller and the appraisal company, after the Plaintiff purchased a lot he claims was part of an “illegal re-subdivision” and thus worthless. The notary had prepared the Act of Cash Sale after analyzing the abstract of the property and determining exactly what was owned by the seller. The Plaintiff claimed that the notary should have been put on notice that the property was illegally re-subdivided because the description of the property confirmed that the sale was only of the western portion of a lot and for only that portion not previously sold. Deutsch, Kerrigan & Stiles asserted that the notary had neither actual nor constructive knowledge that the lot was illegally re-subdivided. Judge Elizabeth Wolfe of the 21st JDC, Livingston Parish, agreed and granted a Motion for Summary Judgment dismissing the notary from the suit, noting that while notaries are responsible for the documents they execute, the Defendant did not withhold any information from the Plaintiff, nor did she have any knowledge superior to and/or different from him at the time he read and executed the Act of Cash Sale.
Terry P. Lambert v. Sterling J. Perkins, Mildred D. Bunch, John D. Ogden and Carlock Ogden Residential Appraisals, LLC, 21st JDC, Parish of Livingston, Case No. 115698 Div. “F”

Product Liability

Mr. Kerrigan, Mr. Le Clercq and Mr. Walsh obtained a dismissal with prejudice on a motion for summary judgment in the 19th JDC, Parish of East Baton Rouge, on behalf of a manufacturer of access control devices. The manufacturer had been sued by a university police officer who claimed injuries resulting from a malfunction of a parking lot's exit gate. Deutsch, Kerrigan & Stiles was able to prove that the plaintiff, who was riding his duty motorcycle at the time, knew that motorcycles and parking gates were incompatible and that the plaintiff's employer had removed the manufacturer's warnings. Judge Hernandez gave written reasons for judgment.

Jones Act

Mr. Kerrigan and Mr. Walsh successfully defended an equipment rental company against a third-party claim brought against it in a Jones Act personal injury case. A seaman employee sustained serious injuries to his knees and back when a 110' manlift experienced an "uncontrolled retraction" of the manlift's boom. Deutsch, Kerrigan & Stiles was able to show that the rig's Offshore Installation Manager (OIM) knew the manlift was malfunctioning and then, rather than call the defendant to fix the unit as it had on prior occasions, ordered the seaman to try to repair it. This, it was argued, constituted superseding negligence under both the general maritime law and Louisiana state law. Judge LeBlanc, who ruled from the bench, agreed, dismissing Rowan's third-party claims with prejudice.

Hurricane Property Damage and Business Income Loss

Plaintiff, a cold storage warehouse operator with three locations in Louisiana, sustained severe property damage and business income losses resulting from Hurricane Katrina. Plaintiff sued its insurance carrier and broker, and claimed that its damages exceeded $18 million. Robert Kerrigan Jr. and Trey Esnard represented the plaintiff's insurance broker in the litigation, who the plaintiff alleged failed to procure the proper coverage. Through tailored written discovery requests and depositions of representatives of the insurance company, DK&S established that the broker placed the proper coverage and obtained the dismissal of their client. Not only did their efforts benefit the broker, they also helped the insured, who was the broker's client.
New Orleans Cold Storage & Warehouse Company, Ltd., et al. v. Lumbermen's Underwriting Alliance, et al.

Insurance Coverage - Hurricane Claim

Robert Kerrigan Jr. and Trey Esnard obtained the dismissal of a nationwide commercial and residential insurance broker in what is one in a string of many successes Deutsch, Kerrigan & Stiles has had representing clients in Hurricane Katrina litigation. The plaintiff claimed that his home was damaged severely by Hurricane Katrina, and that the broker placed the improper insurance coverage. At the outset, DK&S aggressively asserted that the broker and its employee were fraudulently joined as defendants with the insurance carrier. Although they had to overcome a high burden, they successfully argued to the court that their clients should be dismissed.
John Smith v. USI Gulf Coast, Inc , et al.

Appeal

Mr. Kerrigan and Mr. Walsh had a default judgment reversed and remanded in the Louisiana 5th Circuit Court of Appeal. At the underlying trial, the plaintiff testified that he sustained injuries as a result of a tool box falling from a scaffold and striking him on the head and shoulder. The default judgment awarded the claimant temporary total disability and awarded penalties and attorneys fees. During the appeal, Kerrigan and Walsh argued that the plaintiff failed to establish a prima facie case to support the trial court's finding of an award commensurate with temporary total disability. The Court of Appeal agreed, reversing and setting aside the judgment of the commissioner and remanding the trial court for further proceedings.
Charlie Weedon v. Berry Contracting, 07-CA-190

Insurance Coverage

Mr. Kerrigan and Mr. Esnard handled this case where a medical clinic filed suit against its insurer and broker for alleged business interruption losses in the amount of $900,000, which it sustained as a result of Hurricane Katrina. The firm represented the broker and successfully obtained a dismissal via summary judgment on the grounds that the medical clinic's claims were perempted under La. R.S. 9:5606.
East Bank Primary Care Associates, LLC v. USI Gulf Coast, Inc., et al

Declaratory Judgment Action

Mr. Kerrigan obtained a U.S. Fifth Circuit precedent of federal question jurisdiction to pursue in federal court a declaratory judgment action on behalf of a local airport authority against an adjoining municipality who sought to interfere with airfield construction projects.
City of New Orleans, by and through the New Orleans Aviation Board v. A Portion of Square 205, and Square 209, City of Kenner, 866 F. Supp. 969 (E.D. La. 1994).

Asbestos Exposure

Mr. Kerrigan handled this case regarding the application of a one-year prescriptive period to allege personal injuries resulting from occupational exposure to asbestos-containing products.
Outher Cole (Wilburn Robertson), et al. v. Celotex Corporation, et al., 620 So.2d 1154 (La. 1993).

Fraud - Privacy Violation

Mr. Kerrigan handled the dismissal of an action brought by a passenger alleging an airline employee violated her privacy interests and committed fraud/mis-representation. The summary judgment dismissing plaintiff's action was affirmed on appeal.
Carr v. City of New Orleans, 622 So.2d 819 (La.App. 4th Cir. 1993).

Asbestos Defense

Mr. Kerrigan successfully represented an asbestos manufacturer in a $12 million abatement claim. He obtained dismissal of the claim on statute of limitations after prior counsel spent three years litigating merits.
Trizec Properties, Inc. v. United States Mineral Products Co., 974 F.2d 602 (5th Cir. 1992).

Occupational Exposure

Mr. Kerrigan handled this case regarding the application of pre/post comparative fault laws in allocating liability in long-term occupational exposure action.
Outher Cole, et al. v. Celotex Corporation, et al., 599 So.2d 1058 (La. 1992).

Occupational Exposure

Mr. Kerrigan handled this case regarding the application of laws concerning contribution rights among co-defendants in an occupational exposure tort.
Champagne, et al. v. Celotex Corporation, et al., 599 So.2d 1086 (La. 1992).

Unfair and Deceptive Trade Practices Act

Mr. Kerrigan handled this action involving the application of preemption to lawsuits brought under Louisiana's Unfair and Deceptive Trade Practices Act.
Kuebler, et al. v. Martin, et al., 610 So.2d 270 (La.App. 5th Cir. 1992).