Attorney Thomas David Davenport Jr's Legal Cases

Personal injury

Wright v. 3P Deliver, L.L.C., 07-683 (La.App. 3 Cir. 10/31/07); 970 So. 2d 1171

Jan 01, 2007

OUTCOME: The Plaintiff prevailed at trial and on appeal

Thomas D. Davenport, Jr., represented Mr. Wright, the Plaintiff. The parties entered into a contract, wherein the service provider, the Defendant, was to provide transportation services along with hand ... ling, loading and unloading of shipments. The service provider later filed suit claiming breach of contract. The business filed a motion to compel arbitration and to stay the proceedings. There was no disputing the contract contained an arbitration clause. The trial court found that the contract was intended as a contract of labor employment, and was excluded from the Louisiana Arbitration Law. The trial court found from the four comers of the contract that the parties intended that the service provider engage primarily in labor services comprising of transportation services. The appellate court ruled that the contract was a contract for labor, and was excluded from binding arbitration under the provisions of La. Rev. Stat. Ann. § 9:4216. Loading, unloading and handling of shipments and equipment clearly required the application of physical force, or brawn and muscle. The activities provided for in the contract were accomplished through physical labor.

Personal injury

Welch v. USAgencies, Alexandria City Court, Civil Docket 98,643 (April 23, 2004)

Jan 01, 2004

OUTCOME: Thomas D. Davenport, Jr. successfully represented the Plaintiff.

The Plaintiff wrecked his vehicle and did $4,900.00 in damages to his car. The insurance company, USAgencies, refused to pay the property damages by claiming the Plaintiff was intoxicated at the time o ... f the collision. Further, USAgencies claimed the policy of insurance expressly excluded any damage when the driver is intoxicated. However, there was no such exclusion contained in the insurance contract and, not to mention, no proof of intoxication. To avoid being penalized by the court, USAgencies settled the case for over $35,000.00.

Criminal defense

State v. Bell, 99-3278 (La. 12/08/00); 776 So. 2d 418

Jan 01, 2000

OUTCOME: The Defendant's conviction was reversed

Defendant was convicted of armed robbery. The appellate court unanimously held that the trial judge erred when he admitted the evidence of the earlier robbery to prove identity. However, the appellate ... court held that the error was harmless in light of the overwhelming evidence of defendant's guilt. The court held that the similarities between the two crimes was not so distinctively similar to the charged armed robbery that one could reasonably infer that the same person was the perpetrator of both offenses. In conducting the harmless error analysis, the court could not conclude with any confidence that the jury's guilty verdict was surely unattributable to the erroneous admission of evidence of a prior armed robbery committed by defendant, especially since the prosecutor exploited the inadmissible evidence in rebuttal closing argument. Thus, defendant's conviction and sentence were reversed, and the case was remanded for a new trial. Thomas D. Davenport, Jr. and Kimberly Lanier represented the Defendant on the appeal to the Louisiana Supreme Court.

Thomas David Davenport Jr's Legal Cases (13)

Wright v. 3P Deliver, L.L.C., 07-683 (La.App. 3 Cir. 10/31/07); 970 So. 2d 1171

Welch v. USAgencies, Alexandria City Court, Civil Docket 98,643 (April 23, 2004)

State v. Bell, 99-3278 (La. 12/08/00); 776 So. 2d 418