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Articles Posted in Negligence

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“Watch Out, Slugger!” Errant Baseball Cost Insurance Provider More Than Policy’s Time Limits in Case Out of Lafayette Parish

Peanuts and cracker jacks are two cornerstones of the game of baseball.  However, surgery is not. Yet, when one little leaguer got struck by a baseball during practice, the league’s insurer tried to get out of picking up some of his medical bills. The Louisiana Third Circuit Court of Appeal,…

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Tell It to the Jury: Louisiana Court of Appeal Reverses District Court in Medical Malpractice Case

Upon entering a facility for medical treatment, we all hope that we will be treated properly. However, what happens when a medical or health care professional deviates from the profession’s standards? What happens if there is a mistake in the diagnosis or treatment? Such victims certainly have an opportunity to…

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Entertainment Company Not Responsible For Concert Goer’s Injuries Sustained at Baton Rouge Centroplex, Despite Venue Hazards

What starts out as an entertaining night out for a concert with friends, ends with painful injuries.  Instead of enjoying your favorite music with companions, you must go to the hospital to treat injuries sustained due to negligent maintenance of the concert venue.  You are now recovering from your injuries…

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Louisiana Court of Appeal Upholds Jury Award for Bossier Parish Family in School Bullying Case

School bullying is a commonly discussed problem in our generation.  Parents are often faced with dilemmas on how to protect their children and instruct them in dealing with bullies at school.  In earlier eras perhaps this was considered a problem for the individual family to bear alone.  In a recent…

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Work-Product Privilege Available Only to Parties to the Lawsuit in Recent Case Out of De Soto Parish

During litigation, a party may attempt to claim some form of privilege as an avenue not to produce certain evidence.  There are various types of privileges that may be asserted.  One that is familiar to many is attorney-client privilege.  One that is not as familiar is work-product privilege.  Work-product privilege…

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Court Finds Coca-Cola Employee Not Within Scope of Employment During Car Accident in Lafayette

When are you on the job? While seemingly a simple question, many personal injury cases revolve around the issue of whether an individual was acting within the scope of his or her employment. The ramifications of the answer to this question determine whether a business is on the hook for…

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Louisiana Court Awards Plaintiff $404,028.21 for Loss of Big Toe.

As if having car troubles was not bad enough, imagine also losing your toe in the process. Well, that exact scenario happened to Valerie Babin. After her vehicle broke down in Gonzales, Louisiana, Ms. Babin called American Towing Enterprises to tow her vehicle. An American Towing Enterprises’s employee, Floyd Russo,…

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Louisiana Court of Appeals Discusses Continuances and Dismissals in Louisiana

When a case goes to trial, there are many nuances that a lawyer might have to address, including a motion for a continuance or a dismissal. A continuance is the postponement of a hearing, trial or other scheduled court proceeding at the request of either party or by the judge.…

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