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Articles Posted in Civil Matter

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Dangerous Teenage Driving: Deadly AND Expensive

Most parents probably get a little nervous when their teens take to the road, and for good reason. Teenage drivers are often very dangerous behind the wheel. In addition to their inexperience, teen drivers are more likely to succumb to the supposed “thrill” of risky behaviors like drunk driving, driving…

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DeRidder Man Successful Against Insurance Company: Court Explains Principle of Res Judicata

In 2005, Dale Spires of DeRidder was in a car accident that was caused by April Roberts. He sued Ms. Roberts and her insurance company paid out $10,000, which was the limit under her insurance policy. The suit was dismissed in 2006. In 2007, Spires filed an additional lawsuit against…

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What Happens When you Get Sick on Vacation? Celebrity Cruise Ship Docked After Massive Illness Outbreaks

The cruise ship Celebrity Mercury was forced to its home port of Charleston for a four day cleaning recently. After the third straight outbreak of Norovirus on the 1870 passenger ship, the U.S. Centers for Disease Control issued a rare “no sail” recommendation. The return home came after Celebrity took…

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Deadly Crash and DWI Arrest Remind Drivers of Duty of Care

Reports of drivers arrested for DWI, or “driving while intoxicated,” should serve as a reminder of the substantial duty imposed by the law on drivers to operate their vehicles in a safe manner. Motor vehicle operators owe a duty of care to all other drivers, passengers, and pedestrians to take…

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“Last Clear Chance” Doctrine Applied in Tragic Motorcycle Accident in West Carroll Parish

On December 15, 1955, James Edwin Watson, then 20 years old, was driving his Harley-Davidson motorcycle southbound on the two-lane State Highway 17 in West Carroll Parish, Louisiana. He was being followed at some distance by his friend, Douglas Simpson, in a Ford automobile. Both Watson and Simpson intended to…

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West Feliciana Parish Pipeline Explosion Illustrates the Required Elements of a Negligence Case

On November 25, 1984, a natural gas pipeline running through a field in West Feliciana Parish, Louisiana exploded, causing the loss of lives and substantial property damage. The pipeline was owned by the Texas Eastern Company, but the land over which the pipeline ran was owned by Mary Lou Trawick…

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Jefferson Parish Maritime Case: Are Forum Selection Clauses in Employment Contracts Enforceable in Louisiana?

Greek Seaman Dimitrios Keramidas’s ship was docked in East Charles Parish in 1999 when he became sick. He was hospitalized and treated for sepsis at East Jefferson General Hospital in Metairie for two months before he was sent back to Greece with medical approval. Keramidas never recovered and passed away…

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At Least Four Dead in Fiery Grosse Tete Crash: Unique Legal Issues Emerge in 18-wheeler Accident

According to reports from the Associated Press and Louisiana’s WWLTV, at least four people were killed in a tragic accident near Grosse Tete last Friday (April 9, 2010). The accident was so bad that a portion of 1-10 westbound was closed and traffic was diverted at the La. Highway 415…

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Norco Dow Plant Releases Chemical Leading to Evacuations, Scare

As reported on our sister blog, Dow Chemical has experienced another chemical leak in Southeast Louisiana. This time involving the very dangerous titanium tetrachloride. The incident has led to the evacuation of two schools and various roads while local emergency experts assess the situation. WWL reports Scott Whelchel, emergency operation…

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The Difference between Medical Malpractice v. Ordinary Negligence

A 2004 Louisiana Supreme Court case provides a good explanation of the difference between Medical Malpractice and ordinary negligence. Not every negligent act of a qualified health care provider falls within the Medical Malpractice Act (MMA), La.Rev.Stat. 40:1299.41(1). In Williams v. Hospital Service of Jefferson, the plaintiff was injured as…

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