reported decisions

Cousins v. City of New Orleans

608 So.2d 978 (La. 1992)

       Edward Gothard successfully represented a New Orleans Fireman who was permanently disabled while fighting a fire. The City of New Orleans maintained that the fireman could not receive both Workers' Compensation benefits and benefits from the Firefighters' Pension and Relief Fund. The Louisiana Supreme Court agreed with Mr. Gothard that the firefighter should be able to receive both benefits because he had contributed to the Pension and Relief Fund.

       This ruling changed the law in the State of Louisiana and the practice in New Orleans, paving the way for other disabled firefighters to receive the benefits to which they were rightfully entitled.

Straughan v. Ahmed

618 So.2d 1225 (La. App. 5th Cir. 1993)

       Edward Gothard successfully represented a client in a medical malpractice action where the client's doctor failed to diagnose breast cancer. At trial, the jury found that the doctor was negligent, but did not award damages because the cancer had not spread. The Court of Appeal reversed, holding that the client could recover damages for mental anguish as the result of her fear, anxiety and concern that the cancer would return because of the delay in treatment.

       This case has been cited around the country as authority that an injured victim may recover emotional damages even without provable physical harm, which in this case the court referred to as "cancer-phobia."

Medine v. Geico

748 So. 2d 532 (La. App. 4th Cir. 1999)

       Edward Gothard represented a member of the Zulu Social Aid and Pleasure Club who was injured in a motor vehicle incident during a club event. The trial court held that plaintiff was not entitled to recover damages pursuant to the "Mardi Gras Immunity Statute." The Court of Appeal reversed, holding that it would be "patently absurd" to provide immunity based upon the facts of the case.

Markovich v. Prudential Gardner Realtors

2010-1886 (La. App. 1 Cir. 7/1/11)

       Edward Gothard represented a real estate developer who sued a real estate company for negligence, and was awarded $453,600.00 at trial.

Pesses v. Angelica

14-336 (La. App. 5 Cir. 11/25/14)

       Edward Gothard represented medical malpractice victim who experienced a delay in the diagnosis and treatment of a heart attack. Plaintiff was not awarded any damages by the trial court. The court of appeal reversed, holding that plaintiff was entitled to recover damages due to the loss of a chance of a better outcome.

Premier Restaurants, Inc. v. Kenner Plaza Shopping Ctr., L.L.C.

833 So. 2d 446 (La. App. 5th Cir. 2002)

       Commercial property owner received judgment against it for $1,250,000.00. Edward Gothard served as appellate counsel. Judgment was reversed by the Court of Appeal to $0.