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Articles Posted in Civil Matter

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Car Accident Caused by Slow Merge Raises Legal Issue of Sudden Emergency Doctrine

Car accidents can be difficult to navigate because of conflicting evidence, opinions and the fact the circumstances often lead the people involve rattled and unable to recall facts clearly. In a recent case, Bethany Dixon appealed a trial court judgment against her involving a vehicular accident that occurred on I-20…

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Louisiana Court of Appeals Affirms Judgment in Favor of Defendant Companies in Property Damage Lawsuit

On February 27, 2012, a district court for the Parish of Lafayette ruled in favor of two defendants being sued by plaintiffs C.F. Kimball II and Linda R. Kimball for property damage. The first defendant, Luhr Bros. Inc. d/b/a Construction Aggregate, owns a shell yard across from the Kimballs’ property…

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Distinguishing Wrongful Death Claims from Exclusive Worker’s Compensation Issues

Many experience the unfortunate circumstance of work related accidents, the most extreme of which may result in death. People often wrongly assume that sustaining an on-the-job injury guarantees a right to sue the employer, in addition to asserting workers’ compensation claims. However, the Louisiana Workers’ Compensation Act provides strict guidelines…

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Fall at Hospital Brings to Light Debate Over Liability for Public Entity

Generally, if you are injured due to the fault of someone else, you are likely to have a legal claim. However, this is not always the case. You must prove additional elements if you are injured on the property of a public entity. A case involving the West Jefferson Medical…

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Informed Consent Target of Lawsuit Involving Medical Malpractice Claim

Medical malpractice occurs when a doctor or medical professional fails to competently perform a medical treatment and the patient is harmed as a result. One type of medical malpractice is lack of informed consent by the patient – doctors are required by law to inform their patients about the known…

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Tragic Workplace Accident Provides Insight Into Duty of Care

A former employee of the Mansfield, LA, branch of the International Paper Company, met with a fatal accident while on the job. While repairing a valve on the platform surrounding the top of a whitewater tank, he fell through the access opening and into the tank. Access opening covers are…

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Liability When an Escaped Prisoner Injures an Innocent Community Member

What sort of liability arises when an escaped prisoner causes personal injury to someone? It’s certainly not a typical question with which tort law deals. The matter arose in Acadia Parish, where prisoner Jack Stansberry escaped from a hospital, stole a vehicle, and injured plaintiff Nelwin Rider in the process.…

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Prescription Exceptions Exist for Multitude of Cases

Diving into complex legal issues is difficult but necessary. One particular example is the idea of prescription, or timing involved in filing a case. The exception of prescription is a limit on actions that may be brought, and has proven to be a successful defense. Peremptory exceptions may be asserted…

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Dog Injury in Lafayette Leads to Examination of Liability

The Court of Appeal of Louisiana, Third Circuit, recently ruled in the summer of 2012 on an issue coming out of the Parish of Lafayette involving a variety of legal questions. In the case of Theresa St. Julien v. Julie Walters Landry, Julien was allegedly injured by her neighbor’s dog…

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Third Circuit Reverses Lafayette Court Ruling on an Exception of No Right of Action Claim

On October 3, 2010, Darnall and Michelle Carter suffered the loss of their son Kyris in a drowning incident at a party. On April 25, 2011, the Carters filed wrongful death and survival actions against Steak House Steaks, Inc., James Nations Jr., the alleged owner of the property where the…

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