Artis G. Ulmer, III

Obtained a defense verdict in a medical malpractice case in Houston, Texas. The plaintiff alleged that the defendant physician and nurse practitioner were negligent in failing to prescribe antibiotics, thereby contributing to pneumonia and subsequent demise of the patient. After a six-day trial, the jury returned a 10-2 defense verdict.

Obtained a wage claim dismissal in New Orleans, Louisiana. Plaintiffs filed a wage claim in the federal district court and voluntarily dismissed the same seven years later. Plaintiffs then refiled said claim in state court. Artis successfully argued that the tolling of the statute of limitations was voided after the voluntary dismissal, and the subsequent refiling of the lawsuit was therefore untimely. The matter was dismissed with prejudice, and plaintiffs filed an appeal. The appeal was dismissed after Artis argued that it was untimely filed.

Obtained summary judgment due to no duty owed in Marksville, Louisiana. Plaintiff was at a senior citizen facility when he was attacked by a third party. Artis successfully argued that the duty to exercise reasonable care for the safety of persons on one’s premises does not extend to unforeseeable or unanticipated criminal acts by a third person.

Defeated coverage counsel’s motion for summary judgment in Leesville, Louisiana. Plaintiff filed suit against a real estate appraiser after sustaining flood damage. Prior to closing on their home, the appraisal incorrectly revealed that the property did not lie in a flood zone mandating required flood insurance. The errors and omissions policy contained an exclusion against claims for personal injuries. Plaintiffs claimed damages for mental anguish, diminution in value of their home, and loss of personal property. Summary judgment was denied after Artis argued that “diminution in value” and “loss of personal property” was not a physical injury as defined by the policy.