Substantial Jury Award Upheld in Jeep Accident Recently, the 4th Circuit Court of Appeals upheld a substantial jury award to a Louisiana couple whose unborn son was tragically injured after their Jeep Grand Cherokee reversed and hit the expecting mother, pinning her against a brick column. This injury, sustained by…
Articles Posted in Litigation
Louisiana Car Accident Statistics Show Safety Precautions Necessary When Driving
In 2009, over 800 people were killed in motor vehicle crashes in Louisiana. An additional 73,000 persons were injured in car crashes. The applicability of these statistics are obvious: you and too many other drivers and passengers are at risk every time you get on the road in Louisiana. However,…
Berniard Law Firm Unveils New iPhone Application
The Berniard Law Firm is proud to announce the release of an innovative new iPhone application that can be considered a must-have for individuals in the Gulf Coast. With extensive versatility and options including multiple contact points for our attorneys, as well as consistent site updates that will keep you…
Lafayette Parish School Board Case Provides Lesson on Duty of Care Owed to Students Who Stay After School for Detention
Common in Louisiana middle schools is a disciplinary program that requires students who engage in acts of moderately serious misbehavior to stay after school in “detention.” To reinforce the punitive nature of the program, many schools require a student who stays late for detention to find his or her own…
Morehouse Parish Case Illuminates Vitality of the ‘Two Contract Theory’ and the Exclusivity of the Workers Comp Remedy
The case of Dugan v. Waste Management, Inc., was recently handed down by the Second Circuit Louisiana Court of Appeals. It is a tragic case, involving the deaths of two garbage truck employees, and the wrongful death suit that followed. In June 2007, Lamare Kindle and Wallace Bradley were riding…
Chinese Drywall News a Welcome Sign for Those With Toxic Sheetrock in their Home
Louisiana residents are becoming increasingly concerned about the drywall in their homes, which might be leaking toxins and other contaminants into the bedrooms and throughout the house depending on the manufacturer. Drywall consists of panels made of gypsum plaster pressed between two thick sheets of paper. The panels are used…
Tangipahoa Parish Plaintiff Defeated at Summary Judgment by Failure to Link Defendant to Negligent Act
In late 2007, the Tangipahoa Parish government began making repairs to Berry Bowl Road in Independence, Louisiana. One of the contracting firms the parish hired to complete street overlay work was Barriere Construction Company, LLC. On the evening of January 8, 2007, Joseph Alessi, Jr. struck a “bump” in the…
Limited Details Emerge From Chalmette Refinery Death, Chemical Leak
A death occurred at the Chalmette Refinery on October 6 during an attempt to repair a leak of hydrogen sulfide, according to St. Bernard Sheriff’s office. A 33 year old contract worker, Gregory Starkey, of Roseland, collapsed and then died while working at the facility. Starkey was employed by TEAM…
Ouachita Parish Car Wreck Shows Trial Court’s Role in Settling “He Said/She Said” Arguments
On October 18, 2007, Kalencia Young and her passenger, Ashley Newsome, both pregnant, were driving on DeSiard Street toward Renwick Street in Monroe. At the same time, Gerald Adams was driving toward the intersection, which was controlled by a traffic light, on Renwick Street. The two vehicles collided when Adams’s…
Piercing the Corporate Veil: How to Collect from the Company and the Person Responsible for your Injuries
Ericka Lynn Carter brought a lawsuit against several parties after she was in a car accident in January, 2008: B&B Wholesale, Inc., Praetorian Speciality Insurance Company, Billy Dwayne Brumley, Ancul D. Bland, and the Louisiana Department of Transportation. She alleged that each party was liable for damages. Defendant Brumley moved…