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,…
Articles Posted in Negligence
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…
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…
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…
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…
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…
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,…
Slip and Fall Lawsuits Require Proof in Louisiana, Not Mere Speculation
No legal case is without controversy, but some of the most controversial types of cases involve a slip and fall injury. For some, it is hard to believe that a “little fall” could actually cause substantial injury. Often times, those who bring a slip and fall action are seen as…
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.…
Orleans Parish Bicyclist Personal Injury Case Gets a Chance to Go to Trial
The majority of cases, civil and criminal alike, never make it to trial. The parties may settle the case out of court or the claims may simply be dropped by the plaintiff. A third reason why a case may not make it to the jury is if a judge grants…