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Articles Posted in Litigation

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Port Allen Case Shows that Deadlines Can Invalidate a Medical Malpractice Claim

Medical malpractice claims and recovery based on those claims are regulated by Louisiana statute. As such, the law places limits on the time an injured party has to file a claim. Once a claim is filed, the review process is subject to intermediate deadlines. As the following case demonstrates, a…

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Winnfield Slip and Fall Case Demonstrate City’s Duty to Remedy Defective Conditions

When a person is injured by the poor or defective condition of public property (such as a cracked sidewalk or a pothole in the roadway), he or she may be able to recover from the municipality responsible for maintaining the property. Under Louisiana law, actions in against city governments for…

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Pull Over!: Commercial Vehicles Required to Not Drive in Unsafe Conditions

Car accident claims often hinge on whether or not the defendant owed a duty to the injured party. If a duty was owed, it was breached, and the breach caused an injury, liability for negligence exists. However, if there was no duty, the claim is cut off. The important question…

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Dangerous Teenage Driving: Deadly AND Expensive

Most parents probably get a little nervous when their teens take to the road, and for good reason. Teenage drivers are often very dangerous behind the wheel. In addition to their inexperience, teen drivers are more likely to succumb to the supposed “thrill” of risky behaviors like drunk driving, driving…

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DeRidder Man Successful Against Insurance Company: Court Explains Principle of Res Judicata

In 2005, Dale Spires of DeRidder was in a car accident that was caused by April Roberts. He sued Ms. Roberts and her insurance company paid out $10,000, which was the limit under her insurance policy. The suit was dismissed in 2006. In 2007, Spires filed an additional lawsuit against…

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What Happens When you Get Sick on Vacation? Celebrity Cruise Ship Docked After Massive Illness Outbreaks

The cruise ship Celebrity Mercury was forced to its home port of Charleston for a four day cleaning recently. After the third straight outbreak of Norovirus on the 1870 passenger ship, the U.S. Centers for Disease Control issued a rare “no sail” recommendation. The return home came after Celebrity took…

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Deadly Crash and DWI Arrest Remind Drivers of Duty of Care

Reports of drivers arrested for DWI, or “driving while intoxicated,” should serve as a reminder of the substantial duty imposed by the law on drivers to operate their vehicles in a safe manner. Motor vehicle operators owe a duty of care to all other drivers, passengers, and pedestrians to take…

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“Last Clear Chance” Doctrine Applied in Tragic Motorcycle Accident in West Carroll Parish

On December 15, 1955, James Edwin Watson, then 20 years old, was driving his Harley-Davidson motorcycle southbound on the two-lane State Highway 17 in West Carroll Parish, Louisiana. He was being followed at some distance by his friend, Douglas Simpson, in a Ford automobile. Both Watson and Simpson intended to…

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West Feliciana Parish Pipeline Explosion Illustrates the Required Elements of a Negligence Case

On November 25, 1984, a natural gas pipeline running through a field in West Feliciana Parish, Louisiana exploded, causing the loss of lives and substantial property damage. The pipeline was owned by the Texas Eastern Company, but the land over which the pipeline ran was owned by Mary Lou Trawick…

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