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Articles Posted in Miscellaneous

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Dog Bite Incident Highlights Review of Ownership versus Custody for Liability

In general, owners are responsible for any damage caused by the things that they own. Animals are no exception. For example, if you own a cow and it wanders into the road and a car hits it, then you are likely responsible for the damages related to that accident. Damages…

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Second Circuit Affirms Notice Case Regarding Fallen Tree

It is well established that an appeal court gives deference to a trial court’s finding of fact (ruling) unless the court was clearly wrong or acted in extreme error. In other words, even if the appellate court is convinced that they would have decided upon the evidence differently, the trial…

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Workers Comp Case Involves Settlement Dispute, Rights Review

In a recent Louisiana workers’ compensation case, a man filed suit after deciding that the settlement agreement he signed was reached based on misrepresentations. The man was rendered quadriplegic after falling from a roof he was working on during his employment as a roofer. After his injury, he hired an…

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The Standard for Reviewing Medical Evidence After Auto Accidents

Medical testimony after an automobile accident is complicated enough. When two accidents close in time are involved, it can get downright confusing. All the more so when a court is trying to determine which accident is to blame for not one but several different injuries. But despite questions of accuracy…

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Prescription Leads to Patient Injury – What Legal Remedy Exists?

Imagine that your doctor gives you a prescription drug to alleviate a persistent headache or cold, or recommends for you a new pacemaker or prosthetic joint. If your doctor’s prescription drug or medical device ends up injuring you—what do you? The general rule is that a consumer who is injured…

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Timeliness Due to Lawyer Mistake Essential in Court Ruling

It is common knowledge that most courts have more cases than they can handle today. Many parties experience long waits between court dates in most courts. This is one of the many reasons that timeliness in the courtroom is so important. The following case arising from the Sixth Judicial District…

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Demonstrating Permissive Use of Vehicles Key to Insurers’ Liability

Motorist Jennifer Lopez was injured in a hit-and-run accident with a truck near Vinton. At the time of the accident, the truck was being driven by someone other than its owner, Teri Ardoin. The driver fled the scene but the truck was tracked down and Ardoin identified as the owner.…

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Second Circuit Confirms that Employee Was At Fault in Personal Injury Lawsuit

Last August, the Second Circuit Court of Appeal upheld a ruling against plaintiff Dennis Quillian in a tort claim ensuing from a work-related injury in Pineville. At the time of the accident, Mr. Quillian was working as a truck driver for Swift Transportation Company, Inc., carrying paper manufactured by Georgia…

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No Contest Ruling Means Damages in Marrero Car Accident Case

On May 8, 2007, in Marrero, Louisiana, two cars were sitting at the intersection of Ames and Lapalco Boulevards. One car carrying a couple sat ahead of a truck carrying one individual. The man driving the truck’s foot slipped off the clutch and the truck rolled into the back of…

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Car Accident Damage Award Increased in Monroe, Affirmed on Appeal

The American justice system places juries in charge of some fairly weighty decisions. However, juries are not the final arbiter of a plaintiff’s rights. There are several post-verdict motions that can be made at the trial level as well as an entire system of appellate courts to which a plaintiff…

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