Greek Seaman Dimitrios Keramidas’s ship was docked in East Charles Parish in 1999 when he became sick. He was hospitalized and treated for sepsis at East Jefferson General Hospital in Metairie for two months before he was sent back to Greece with medical approval. Keramidas never recovered and passed away…
Articles Posted in Litigation
At Least Four Dead in Fiery Grosse Tete Crash: Unique Legal Issues Emerge in 18-wheeler Accident
According to reports from the Associated Press and Louisiana’s WWLTV, at least four people were killed in a tragic accident near Grosse Tete last Friday (April 9, 2010). The accident was so bad that a portion of 1-10 westbound was closed and traffic was diverted at the La. Highway 415…
Norco Dow Plant Releases Chemical Leading to Evacuations, Scare
As reported on our sister blog, Dow Chemical has experienced another chemical leak in Southeast Louisiana. This time involving the very dangerous titanium tetrachloride. The incident has led to the evacuation of two schools and various roads while local emergency experts assess the situation. WWL reports Scott Whelchel, emergency operation…
The Difference between Medical Malpractice v. Ordinary Negligence
A 2004 Louisiana Supreme Court case provides a good explanation of the difference between Medical Malpractice and ordinary negligence. Not every negligent act of a qualified health care provider falls within the Medical Malpractice Act (MMA), La.Rev.Stat. 40:1299.41(1). In Williams v. Hospital Service of Jefferson, the plaintiff was injured as…
Old Slip and Fall incident highlights need for quick action in the event of injury
Slip and Fall claims are filed in courts everyday and most are dismissed because the injured party could not prove anything. Important in a slip and fall case is “timeliness”: how soon after the incident a party filed a claim, got pictures of the accident area, hired an expert, etc.…
Landowner Liability for Accidents: Louisiana Supreme Court Findings in Jefferson Parish Case
If someone trespasses onto another’s land and is injured will the landowner be held liable for damages? It’s a difficult question that has a variety of rationales for both sides of the issue. The answer could be yes, but only in limited circumstances. In October 1998, 15 year old Hunter…
Webster Parish Car Accident Illustrates the Elements of a Loss of Consortium Claim
A claim for loss of consortium is typically pursued following an injury where a husband or wife can no longer enjoy the companionship and services of his or her injured spouse to the same degree as before the accident. The loss can be permanent or only temporary, and it can…
Dry Creek Roof Accident Injures Five: Many Potential Legal Issues
Five Dry Creek youth were injured recently when a roof fell on them. As reported by Southwest Louisiana’s americanpress.com, the five were working to tear down on old building at the Dry Creek Baptist camp when the accident occurred. According to the article: Beauregard Parish Sheriff Ricky Moses said that…
Louisiana Court of Appeals Ruling in Multi Vehicle Jefferson Parish Accident: Judgment Notwithstanding the Verdict
In a 2000 case, the Court of Appeals made several rulings both reversing and affirming Judgments Notwithstanding the Verdict (JNOVs) that were granted after the trial of a very serious Jefferson Parish accident. In October 1995 Michael Mashburn was driving east on 1-10 on the downslope of Bonnabel Boulevard, Jefferson…
Workers’ Compensation, Expert Witness Fees, and the Employer’s Benefit Offset
In previous posts we have examined the important role of expert witnesses in litigation. As a general rule, the party who retains an expert witness is responsible for paying for the witness’s services. The issue of expert witness fees was central to the case of case of Burns v. Apache…