REPRESENTATIVE CASES

PERSONAL INJURY/WRONGFUL DEATH AND SURVIVAL ACTIONS

Represented a Virginia man's widow and two minor children after the man was killed while operating an 18-wheeler on I-20 in Lincoln Parish. The case was filed in Lincoln Parish, Louisiana, and resolved for seven figures after an unsuccessful mediation, but prior to trial.

Co-counsel for a local attorney, his wife, and their then minor son regarding a boating accident on a local waterway. The minor son's thumb was severed in a ski rope while he was a passenger in a boat being operated by an unsupervised minor. The case was tried to a jury over 5 days, with the jury returning a six figure verdict. The case settled after trial and prior to appeal.

Represented the three brothers of a man who was killed after falling into a "mud" tank on a land drilling rig. The man was in the burn unit for several weeks before succumbing to his injuries. He was not married and had no children, meaning his siblings were the proper plaintiffs. The suit was removed to Federal Court, and was settled for seven figures at mediation prior to trial.

Represented a former professional basketball player and his spouse for injuries the husband sustained while walking across the parking lot of a local health care facility. The husband, after receiving physical therapy at the facility, caught his foot on an uneven/broken piece of concrete and fell. Eventually, the leg was amputated above the knee. The case settled for six figures after an unsuccessful mediation, but prior to trial.

Represented a widow and her three children in a medical malpractice action against a general practitioner physician and a nurse practitioner for failure to diagnose their late husband/father with a rare form of head and neck cancer that starts behind the nose and throat. The matter proceeded to the review panel under the La. Medical Malpractice Act, and the panel found a breach in the standard of care given. The case was settled for six figures at mediation prior to trial.

CONSTRUCTION AND PROPERTY LITIGATION

Represented a Louisiana homebuilder in two separate AAA arbitrations that took place in Mississippi over several days. The arbitrators did return awards for the homeowners, but the awards were significantly less than what was sought and demanded by plaintiffs. One of the cases was initially filed in State Court while the other was filed in Federal Court. The client was successful in having both cases stayed and presented in arbitration pursuant to the building contracts.

Represented homeowners in a suit against a builder under the La. New Home Warranty Act. The case settled prior to trial, with the homebuilder purchasing the home back from the homeowners at a price above what was paid at the initial sale.

DOMESTIC/FAMILY LAW

Represented a local physician and business owner in all aspects of his divorce, including the partition of the client's assets and stock in a successful addiction recovery center. After several years of litigation, the partition resolved on the day of the partition trial.

Represented a man regarding his interest in his ex-wife's Teacher's Retirement Account. The Hearing Officer recommended that the client was entitled only to a portion of the contributions made to the retirement account (a defined benefits plan) during the marriage, not a percentage of the benefits. The client objected, and the matter was tried before a District Judge. The District Judge disagreed, and awarded the client 41% of the retirement benefits, but also required the client to reimburse his ex-wife for some of the costs of the credits purchased. The ex-wife appealed the decision, and the client answered the appeal. The Louisiana Second Circuit Court of Appeal affirmed that portion of the judgment awarding the client 41% of the benefits, it reversed that portion ordering the client to reimburse the ex-wife, and it ordered the ex-wife to reimburse the client a sum of money. The case is published at 47,373 (La.App. 2d Cir 8/1/12), 103 So.3d 493; writ denied, 2012-1940 (La. 11/9/12), 100 So.3d 844, (2012) and has been cited various times in legal commentary.

Represented a local business owner in his complex community property partition. After extensive discovery and motion practice, the case resolved prior to trial or hearing with the client receiving several million dollars in assets in a successful settlement.

Represented local woman in a custody case wherein her then husband filed for divorce, and asked for sole custody of the children. During the case, a protective order was obtained for the client. The husband violated said protective order and was arrested for stalking and cyberstalking. The Post Domestic Violence Relief Act was applied, and the client was awarded sole custody of the children.

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CODY W. RIALS, APLC

4404 Old Sterlington Road Suite 105

Monroe, LA 71203

ph. 318.737.7059

fx. 318.737.7255

Martindale-Hubbell AV Preeminent credentialMillion Dollar Advocates Forum credential

© Cody W. Rials, APLC