In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained…
Articles Posted in Negligence
Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case
In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises. Ms. Watts initially…
Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard
In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of…
Ochsner’s Summary Judgment in Slip and Fall Case Overturned
In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion. Doris Stogner slipped and fell in the atrium of an Ochsner facility…
“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings
In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how…
The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases
In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription…
When Does Police Immunity Apply in Louisiana?
In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The…
Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions
In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an…
Dental Malpractice in Louisiana: Understanding the Medical Review Panel Requirement
A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s…
Insurance Agent’s Negligence Costs Them in Court
A recent Louisiana Court of Appeal decision underscores the importance of insurance agents fulfilling their duties with reasonable diligence and care. In Upscale Fashions, Inc. v. Botsay Insurance Network, Inc., an insurance agent’s failure to properly procure and communicate coverage details led to a significant financial loss for the insured and…