2012 CA 0952 (LA. APP. 1 CIR. 4/26/13), 115 SO.3D 1177.
Case Background
In Salomone v. Greater Gulf Coast Auto Auctions, 2012 CA 0952 (La. App. 1 Cir. 4/26/13), 115 So.3d 1177, my client faced a daunting battle against a powerful employer and their extensive legal team. His foot had been severely injured by a co-worker operating a car at an auto auction, leading to orthopedic and neurological problems.
David vs. Goliath
This case exemplified a true David vs. Goliath scenario. The employer, part of a national corporation, hired one of the state’s largest defense firms. They aggressively pursued the case, taking about 12 depositions, including multiple ones from my client’s treating orthopedic doctor. The employer used tactics to delay and complicate the case, such as changing compensation checks and stopping medical treatment, adding psychological stress to my client’s physical suffering.
Trial Preparation and Tactics
Before the trial, the judge reviewed all evidence and briefs, warning the employer of potential penalties and offering settlement recommendations. Despite this, the employer offered a minimal settlement, far below the judge’s recommendation, pushing my client to proceed to trial.
Endurance and Victory
My client and his wife endured a grueling two-day trial. The judge ruled in their favor on every issue. The decision, delivered on October 24, 2011, was delayed further when the employer appealed, prolonging my client’s suffering. The Court of Appeal upheld the decision on April 26, 2013.
Client’s Resolve
The entire process spanned about four years. Despite the psychological and physical toll, my client’s determination to stand up against his employer was unwavering. His bravery in the face of adversity and his refusal to be bullied were inspiring. It was an honor to support him through this challenging journey.