As reported on nola.com earlier this year, a $1.56 million project to build a 5.5 mile guardrail along Airline Drive is complete. The guardrail is a much needed addition, designed to prevent motorists from plunging into the canal, and is something that area residents have been calling for years. The…
Articles Posted in Litigation
Looking Back at Toyota Recall: Product Liability Explained
Policy makers have expressed doubt multiple times this year about whether enough is being done to protect the millions of drivers on the road. The recent Toyota recall of a multitude of cars with defective parts is a clear illustration of product liability and the measures to which a manufacturer…
Cautionary Tale of Boy Left on School Bus Helps Explain Negligence Cases
Some time ago in Louisiana a young Reserve boy fell asleep on his school bus and awoke to find himself alone in the parking lot of the St. John the Baptist Parish School District central office. The upset kindergarten student stumbled into a school board meeting in progress and interrupted…
Toyota Has Reportedly Been Able to Duplicate Acceleration Problems
According to a recent ABC News report, court documents from a class-action lawsuit against that has been filed against Toyota claim that the company is in possession of documents that show that the automaker documented confirmed cases of sudden acceleration without driver error as many as 7 years ago. Other…
Louisiana Fist-fight Illustrates Appeal Process, Injuries and Damages
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…
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…