Reported Cases

1.         Frank v. Frank 948 So.2d 1224 (2007)

This case involved a criminal defendant that spend months in jail after his charges were prescribed.  However, his court appointed lawyer did not take any action to get him released from jail.  Sal represented Mr. Frank is a suit for the loss of freedom that he should not have been in jail, since the District Attorney did not pursue the charges.  The matter went to trial and the court found in his favor but the award was insufficient to compensate him for the months of incarceration.  Based on Mr. Brocato’s arguments, the Court of Appeal raised the award of damages.

2.         Willis v. Redfish Renovations, LLC 891 So.2d 748 (2004)

This case involved a man who was injured as a result of a renovation company’s negligence.  Their insurance company filed a Motion to dismiss the case, which the trial court granted.  Mr. Brocato appealed that decision and successfully argued that they should not have been dismissed.  After the reversal by the Court of Appeal, the defendant settled the matter.

3.         Aaron v. Landcraft, et al 900 So.2d 920 (2005)

This case involved claims of 72 individuals who alleged that their  contractor/developer of their homes and subdivision failed to fulfill the promised amenities of the neighborhood.  The trial court dismissed the case.  Mr. Brocato appealed that decision and successfully argued that they should not have been dismissed.  The Court of Appeal reversed and the case was sent back to the trial court for further proceedings and later settled.

4.         Leblanc v. Baxter, et al 905 So.2d 415 (2005)

This case involved a driver who was in an accident with a Parish employee.  The Parish denied all claims alleging the plaintiff, Ms. Leblanc was 100% at fault.  After a trial, the Court awarded $215,000.00 for un-operated vertebral discs.  The parish appealed the decision and it was upheld by the Court of Appeal.

5.         Abbassi v. State Farm, et al 875 So.2d 988 (2004)

This case involved a victim of a motor vehicle accident.  After a trial of the matter, the Court awarded damages to Mr. Abbassi for his injuries.  State Farm appealed the decision arguing the award was excessive.  Mr. Brocato successfully argued the Trial Court’s award was proper.  The Court of Appeal affirmed the case.

6.         Cates v. Dillard 624 F.3d 695 C.A 5. La. (2010)

Ms. Cates tripped on a slippery when wet sign left out by a Dillard employee.  The trial court dismissed the case holding plaintiff could not prove when and how long the sign had been left out.   Mr. Brocato successfully appealed the case to the United States Fifth Circuit Court of Appeal, who reversed the trial court’s decision.  The case was later settled.