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DEUTSCH KERRIGAN REVERSES DEFAULT JUDGMENT
Robert Kerrigan and Jonathan Walsh had a default judgment reversed and remanded in the Louisiana 5th Circuit Court of Appeal. At the underlying trial, the plaintiff testified that he sustained injuries as a result of a tool box falling from a scaffold and striking him on the head and shoulder. The default judgment awarded the claimant temporary total disability and awarded penalties and attorneys fees. During the appeal, Kerrigan and Walsh argued that the plaintiff failed to establish a prima facie case to support the trial court's finding of an award commensurate with temporary total disability. The Court of Appeal agreed, reversing and setting aside the judgment of the commissioner and remanding the trial court for further proceedings.