NOWALSKY & GOTHARD

CASE RESULTS

Representative Personal Injury Cases

Medical Malpractice Judgment

Baby suffered brain injury due to delay in delivery. Judgment lowered because of Louisiana cap on medical malpractice recovery.

$34,097,393.00
Medical Malpractice Jury Verdict

Young mother experienced severe infections and unwanted hysterectomy due to medical errors following delivery. Judgment lowered because of Louisiana cap on medical malpractice recovery.

$2,500,000.00
Maritime Personal Injury Judgment

Offshore worker injured on crew boat due to improper maintenance.

$735,000.00
Motor Vehicle Tragedy

Significant settlement following rollover accident in which multiple family members were injured, with one fatality.

CONFIDENTIAL SETTLEMENT
Hurricane Katrina - Baptist Hospital Death

Confidential Settlement for surviving family member due to the death of a loved one at Baptist Hospital following Hurricane Katrina. This was one of the highly publicized cases featured in the national media, including 60 Minutes, and was mentioned in People Magazine.

CONFIDENTIAL SETTLEMENT
Motor Vehicle Collision

Driver of company vehicle injured in rear end collision. Case settled after court determined that company fleet policy provided uninsured motorist coverage.

$930,000.00
Medical Malpractice Settlement

Settlement for surviving husband and children resulting from death of their spouse/mother following childbirth.

$725,000.00
Medical Malpractice Settlement

Settlement for surviving family members of woman who died as the result of the failure to diagnose and treat partial obstruction of the superior mesenteric artery.

$695,000.00
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.

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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.”

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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.

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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.

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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.

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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.

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Telecommunications Transactions

Telecom Management, Inc. acquired the telecommunications assets of Adelphia Telecommunications. Nowalsky & Gothard served as both corporate and telecommunications regulatory counsel to Telecom Management, Inc.

Xfone USA, Inc. d/b/a NTS Communications and Pride Network, Inc. d/b/a NTS were acquired by T3 North Intermediate Holdings. Nowalsky & Gothard served as telecommunications regulatory counsel to Xfone USA, Inc. and Pride Network, Inc.

Xfone USA, Inc. d/b/a NTS Communications and Pride Network, Inc. d/b/a NTS were acquired by T3 North Intermediate Holdings. Nowalsky & Gothard served as telecommunications regulatory counsel to Xfone USA, Inc. and Pride Network, Inc.

Yestel, Inc., Los Angeles, California, was acquired by Times Telecom, Inc. of British Columbia. Nowalsky & Gothard served as both corporate and telecommunications regulatory counsel to Yestel.

Telrite Corporation, Atlanta, Georgia. acquired the telecommunications assets of Accxx Communications, Inc. Nowalsky & Gothard served as both corporate and telecommunications regulatory counsel to Telrite Corporation.

Onstream Conferencing Corporation, Pompano Beach, Florida, acquired the assets of Intella2, Inc., San Diego. Nowalsky & Gothard served as telecommunications regulatory counsel to Onstream Conferencing.

First Choice Technology, Inc., Orlando, Florida, acquired the telecommunications assets of Netlojix Telecom, Inc., Santa Barbara, California. Nowalsky & Gothard served as both corporate and telecommunications regulatory counsel to First Choice.

Tri M Communications, Inc. d/b/a TMC Communications, Santa Barbara, California, was acquired by 5LINX Enterprises, Inc. of Rochester, New York. Nowalsky & Gothard served as telecommunications regulatory and co-corporate counsel to Tri-M Communications, Inc.

U.S. Connect, LLC, Dallas, Texas, completed a series of transactions culminating in its acquisition by Great Wireless, LLC. Nowalsky & Gothard served as telecommunications regulatory counsel to U.S. Connect, LLC.