According to Houma Today, a 17-year-old boy from Cut Off was killed on October 22nd when the car he was riding in struck a utility pole. The boy, Edward Domingue, and his 15-year-old girlfriend were going to pick up pizza and movies when she lost control of the vehicle. Questions…
Articles Posted in Miscellaneous
Hannie v. Guidry Spells Out Standards for DeNovo Appeal
On the day after Thanksgiving in 2003, plaintiff Nicol Hannie’s vehicle was struck by another vehicle driven by defendant Ray Guidry in LaFayette, Louisiana. Due to the holiday shopping sales offered that day, traffic was very heavy. Hannie, who had just finished eating at a restaurant, attempted to make a…
Mesothelioma and Asbestos: Part II
This post constitutes part two of an introduction to mesothelioma: Tissue changes resulting from asbestos exposure cause fluid to become trapped between the lung and the chest wall. This trapped fluid induces three symptoms which are often the initial symptoms a patient notices comprising coughing, chest pain, and shortness of…
Understanding Claims Involving Intentional Infliction of Emotional Distress
In August 2007, Dwight Phillips was dropping off his step-son, Joseph Shelvin, at school. The school’s principal, Louella Cook, noticed that Phillips’ vehicle was in the school’s bus-unloading area. After noticing Dwight’s vehicle, Phillips approached Dwight and informed him that he was unloading the child in the wrong area. She…
Homer Car Wreck Case Examines Insurance Policy’s Treatment of Intentional Injury
On the evening of August 2, 2005, Latiffany Dunn slowed her car as she approached the intersection of Pearl and Washington Streets in Homer, Louisiana. As she came to a stop, a vehicle driven by Latonya Harris pulled up beside Dunn’s vehicle. Shatara Harris, Latonya’s sister, was a passenger in…
Mother Successfully Appeals Motion for Summary Judgment Against Her Case
In 1988, Louisiana enacted the Louisiana Products Liability Act (LPLA) which provides for strict liability causes of actions against manufacturers of alledgedly defective products. This case is important because the ruling provides a guideline in which lawyers can litigate their client’s cases and attempt to provide them the financial recovery…
Court Examines Role of Key Document in Summary Judgment in Baton Rouge Medical Malpractice Case
As we have discussed previously on this blog, summary judgment is a procedural device for expediently resolving a case without a full trial where there is “no genuine issue of material fact.” Johnson v. Evan Hall Sugar Co-op, Inc., 836 So.2d 484, 486. (La. App. 1st Cir. 2002). It is…
The Louisiana Supreme Court Reduces Damages for Exposure to Toxic Chemical Leaked by Plant in Taft, Louisiana
A Union Carbide Corporation plant facility in Taft, Louisiana, leaked a toxic chemical compound for at least seventeen hours on September 10th and 11th in 1998. Rainwater accumulation from Tropical Storm Frances caused partial collapse of the floating roof on a large tank storing liquid naphtha. Consequently, a tank seal…
Terrebonne Medical Malpractice Suit Reaffirms Trial Court’s Role in Qualifying Expert Witnesses
As we have examined in several prior blog posts, expert testimony plays a very important part in the resolution of many tort suits, especially those involving medical malpractice claims. Because the details of medical procedures can add considerable complexity to a case, expert witnesses are commonly relied on by both…
Mamou Slip-and-Fall Case Fails at Summary Judgment Due to Lack of Evidence
In a prior post, we explored the elements that a plaintiff must prove in order to recover against the owner of a business due to an unsafe condition on the property. There, the plaintiff, Lisa Beckham, tripped and fell over some loose asphalt in an unpaved parking lot of a…