Plaintiff Richard Reynolds sustained injuries in a multi-vehicle accident on March 15, 2008, in St. Tammany Parish. Reynolds alleged, amongst other counts, that his insurer, Automobile Club Inter-Insurance Exchange (ACE) and Insurance Auto Auctions Corporation (IA) failed to preserve Reynolds’ vehicle for inspection purposes to determine whether any defects…
Articles Posted in Litigation
Court of Appeal Upholds Full Interdiction Order In Livingston Parish Case Involving Brain Aneurysm
Mental and physical disability is a trying issue for families that can cause incredible stress, especially when the person suffering from these infirmities is unwilling or unable to recognize their condition. Further, when the person is mentally unable to manage their health, personal, financial, and business affairs, legals steps must…
Civil Contractor Not Liable for the For the Actions of an Independent Contractor in Wrongful Death Lawsuit from Springfield, LA
In 2012, an independent contractor, Charles Kamrath, contracted with Creek Services, LLC to move one of their bulldozers. Kamrath had previously moved the same bulldozer with his trailer without any complications. On February 24th of 2012, Kamrath loaded the bulldozer to his trailer and commenced the transportation to Hammond, Louisiana.…
Calcasieu Parish Pro Se (Litigant Without Lawyer) Has Appeal Dismissed Due to Lack of Procedural Knowledge
In the law, it is quite rare for a case to ever be considered simple. Though the issues may seem quite obvious and clear to a plaintiff, it is almost never a good idea to represent oneself “pro se”. This is partially because of the subtle procedural pitfalls which may decide the outcome…
Louisiana Appeals Court Finds Tangipahoa Parish School Board Partially Liable for Eye Injury Sustained on School Band Trip
If you are fortunate enough not to sustain serious injury as a result of someone else’s negligent actions, you may not realize that the compensation for your injuries can be apportioned and spread to other liable parties. Further still, if you were partially responsible for causing your own injury, you…
Oral Loan Agreement Made During Romantic Relationship Survives Summary Judgment In Jefferson Parish
Love gone bad, broken promises and loans not written down come to a head in the following case in Jefferson Parish. In the case at hand, Mr. Palmisano and Ms. Nauman-Anderson had been romantically engaged for several months, during which time Mr. Palmisano allegedly credited Ms. Nauman-Anderson with nearly $26,000…
Louisiana Legal Malpractice Case shows how Court’s deal with Attorney’s Failure to Timely File a Lawsuit on Behalf of Client
The Court of Appeals in the Second Circuit of Louisiana recently took on a “case within a case.” This phrase is used in situations of legal malpractice against an attorney’s actions. For years a standard was set for these trials that required the client of the malpracticing attorney to prove…
New Orleans Breach of Contract Between Subcontractors Centers on Contract Payment Provision “Pay if Paid” or “Pay when Paid”
Construction contracts can be confusing because contractors often use many subcontractors to carry out the terms of the contract. This is why when a dispute arises those involved in construction contracts need the best lawyer possible to untangle contractual provisions especially in the context of payment to subcontractors. The Dryades…
Jefferson, Louisiana- Fifth Circuit Reverses Special Motion to Strike Overruling Trial Court Statutory Interpretation
When the law is clear and unambiguous and its application does not lead to absurd consequences, then the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. If however there are multiple interpretations to a statute, the court…
Playground Injury at Jefferson Parish Baptist Church Aftercare Program Leads to Lawsuit
Playgrounds bring great joy to young children. Countless hours are spent sliding down slides, swinging on swings and traversing monkey bars throughout the state of Louisiana. While it might come as news to some, playground equipment has certain set standards for what age range is appropriate to play on the…