A medical malpractice claim in Natchitoches, Louisiana was dismissed by the District Court, but on appeal, the Third Circuit Court of Appeals reversed, keeping the claim alive. What led to the different outcomes was a difference in interpretation of the applicable Louisiana statute. The claim was brought by the husband…
Automobile accidents create questions of coverage and liability – the only problem is how to answer those questions. Who is liable? Are you covered? If you are covered, to what extent are you covered? If you are covered, are your passengers covered? The final point is a more complex question…
A Saint Martinville, Louisiana, construction company, Cole’s Construction Crews, Inc., recently had a judgment against it reversed and remanded back to the trial court. Back in 2007, Cole’s had filed a lawsuit against J-O-B Operating Company. A few months after filing suit, Cole’s requested production of documents and sent interrogatories…
A Louisiana volunteer firefighter, Rodney Champagne, who works for the Duson Volunteer Fire Department was injured around June 28, 2010, while testing fire hoses at the fire department. After the hose wall blew out, the hose struck Mr. Champagne in the head, ultimately causing permanent mental injuries. The contact also…
Medical treatment is always a sensitive legal issue. In one instance, a patient, Ms. Finley, received an improper diagnosing from her local ER. The trial court granted Ms. Finley’s motion for summary judgment against an Emergency Room (ER) doctor for breaching the standard of care by misdiagnosing her during examination.…
Louisiana, like many other jurisdictions, has adopted the doctrine of comparative fault. Prior to comparative fault, many plaintiffs were denied recovery from a negligent wrongdoer if they also were negligently at fault (according to the doctrine of contributory negligence). Comparative fault alleviated this harsh rule of contributory negligence and, for…
In the summer of 2007, a woman was dining at a hotel restaurant in Alexandria, LA, when she was injured, allegedly by the restaurant’s negligence. Exactly one year later the aggrieved, Ms. Holmes, filed suit, naming Choice Hotels, Inc. as the defendant. Within weeks Choice Hotels responded, asserting it had…
In continuing the last post, an automobile accident took place where a variety of damages awarded to the plaintiff were mitigated by the allocation of fault. After the court of appeals reversed the allocation of fault and rendered that Mr. Artigue was 100% at fault, the court addressed four remaining…
On a rainy morning in Lafayette Parish there was an accident on I-49, and traffic was even more congested than usual. However, a subsequent accident is the subject of this post. Ms. Richard was driving southbound when she came upon the accident and stopped. The vehicle behind her did the…
A high percentage of personal injury lawsuits are based upon claims of negligence. Negligence and intentional torts are both similar in that they result in harm to others. However, negligence actions differ from intentional torts because they are the result of a non-intentional action. There are essentially four elements of…