Jeanine Pryor of Lake Charles was injured when she fell exiting bleachers at a football came and filed a claim for damages due to injuries she sustained. Her claim was denied at the trial court level and in a recent decision, the Louisiana Third Circuit Court of Appeals reversed the…
Articles Posted in Litigation
Proving Causation Takes More than Just Possibilities
Sometimes one plus one does not equal two. This was a lesson learned by the Living Epistle Church after a suit against the City of Shreveport. The church sued the city for damages to its sanctuary building, which was allegedly caused by a leaking sewer main. The trial judge heard…
Lafayette Case Provides Important Lesson on Peremptory Challenges and Proving Racially Based Jury Exclusion
In a recent Court of Appeals decision, plaintiff Ryan George appealed a jury verdict that rejected his damage claim following his 2007 car accident in Lafayette. The Court of Appeals affirmed the jury’s decision and found that defendants did not improperly challenge jurors during the selection process while one of…
Asleep at the Wheel? You Could Face ‘Involuntary Vehicular Homicide’ Charges
According to a recent article in Baton Rouge’s Times Picayune, drivers who fall asleep at the wheel and cause an accident could be in more trouble than ever before. Earlier this month a Committee of the Louisiana State Legislature approved a bill that would create the new crime of involuntary…
Crash on Highway 117 Results in Damages for a Lost Husband and Father
A two-car collision on Highway 117 in Natchitoches Parish led to a lawsuit and an appeal regarding the amount of damages awarded, among other things. On the morning of October 25, 2002, Edward Raymond was travelling north on Highway 117, returning from work. He was a firefighter at Fort Polk.…
The Need to Hire an Attorney For Car Accidents Illustrated in Recent Case
Victim John Deshotels learned the hard way what happens when you donÕt have a an attorney represent you in an accident injury claim. He took his case to trial unrepresented and lost. Even after getting an attorney the damage was done and he lost again in a recent Court of…
Traffic Circle Plan Chosen for Alexandria Intersection to Increase Safety
According to a report from talkofthetown.com, a low-speed traffic circle, or “roundabout,” is slated to be installed at the end of Jackson Street Extension in Alexandria. The intersection links Jackson Street Extension with Twin Bridges Road, Lodi Road, and Horseshoe Drive. The initial plan called for a four-way stop sign,…
A No-Show in Court Does Not Mean Default Judgment Success
When Robert Williams, Jr. and Tyson Smith got into an altercation that resulted in a broken jaw for Williams, the Williams family brought a lawsuit against both Tyson Smith and the Northeast Louisiana Marine Institute, Inc. (NLMI). NLMI is an alternative school in Tallulah, LA. The event occurred one January…
Fighting for Discovery Can Be an Uphill Battle Against Corporations
When a lawsuit is brought the positions of the parties are frequently unequal. This is often the case for products liability suits, which involve an injured consumer or user of a product seeking to recover damages from the maker or seller of the product. Being a large and sometimes repeat…
Slight Standard of Causation is all That is Needed in Jones Act Cases
A recent Louisiana Court of Appeals decision provides a good discussion of the burden of proof required in Jones Act cases. James Bancroft worked as a seaman on the M/V Captain Nick owned by Mitchell Offshore Marine when the ship collided with the Pan Am Caribe. Mr. Bancroft was thrown…