In the late evening of May 28, 2006, Grant Lee Williams and his girlfriend, Lisa Lobrano, visited the Saddle Ridge Bar at the Louisiana Boardwalk in Bossier Parish. Also at the establishment was Michael Moore, who at one point approached the bar where Lobrano was sitting and tried to pick…
Articles Posted in Civil Matter
New Orleans Hit-and-Run Case Turns on Witness Testimony
As most motorists are aware, Louisiana law requires that the driver of a vehicle involved in an accident must stop the vehicle at the scene, give his or her identity, and provide reasonable aid to anyone who may be injured as a result of the crash. La. R.S. 14:100. The…
Tioga Slip and Fall Case Study Part 2: The Importance of Expert Witnesses
Several prior posts have examined the critical role that expert witnesses can play in a personal injury lawsuit. The Peoples v. Fred’s Stores of Tennessee, Inc., No. 09-1270 (Ct. App. of La., 3d Cir. 2010) case offers a similar example of how expert testimony can be invaluable to a plaintiff.…
Tioga Slip and Fall Case Study Part 1: The Plaintiff’s Burden of Proving Notice
In a previous post, we explored the elements of a negligence action that arose after a customer slipped and fell on a pool of vomit left by another customer while visiting a store in Farmerville. One of those elements is “notice,” or whether the merchant created or was aware of…
Understanding Informed Consent in Medical Malpractice Cases
A recent decision from the Louisiana Court of Appeals provides insight into precisely what a medical provider must get from a patient in order to create the presumption that they consented to medical treatment under Louisiana law. This litigation arose from a procedure performed at St. Patrick Hospital in Lake…
Court Discusses Informed Consent in Context of Medical Malpractice Case
For any medical procedure, a doctor or other practitioner is required to obtain “informed consent” from the patient. Essentially, this means that, except in certain emergency situations, a doctor is not permitted to perform any medical procedures that the patient has not authorized him to perform. Louisiana law outlines three…
Louisiana Appeals Finds Unreasonably Dangerous Condition in Premises Liability Case
Jeanine Pryor of Lake Charles was injured when she fell exiting bleachers at a football came and filed a claim for damages due to injuries she sustained. Her claim was denied at the trial court level and in a recent decision, the Louisiana Third Circuit Court of Appeals reversed the…
Proving Causation Takes More than Just Possibilities
Sometimes one plus one does not equal two. This was a lesson learned by the Living Epistle Church after a suit against the City of Shreveport. The church sued the city for damages to its sanctuary building, which was allegedly caused by a leaking sewer main. The trial judge heard…
Lafayette Case Provides Important Lesson on Peremptory Challenges and Proving Racially Based Jury Exclusion
In a recent Court of Appeals decision, plaintiff Ryan George appealed a jury verdict that rejected his damage claim following his 2007 car accident in Lafayette. The Court of Appeals affirmed the jury’s decision and found that defendants did not improperly challenge jurors during the selection process while one of…
Asleep at the Wheel? You Could Face ‘Involuntary Vehicular Homicide’ Charges
According to a recent article in Baton Rouge’s Times Picayune, drivers who fall asleep at the wheel and cause an accident could be in more trouble than ever before. Earlier this month a Committee of the Louisiana State Legislature approved a bill that would create the new crime of involuntary…