Families depend on nursing home staff to adequately care for loved ones. When loved ones suffer due to the negligence of nursing home staff, a medical malpractice suit can arise. Recently, in Johnson v. CLVD, Inc D/B/A Green Meadow, the beginning injury arose on November 11, 2008, when Mr. Johnson’s…
Articles Posted in Negligence
If Your Car is Rear Ended in An Accident Who is Presumed to be at Fault in Louisiana?
When a driver is rear-ended, there is generally a presumption the rear driver is negligent. This is based on the principle that the following driver must maintain a prudent distance from the vehicle in front of them and concentrate on their speed as well as the traffic and general condition…
Louisiana Court Dismisses Monroe Grocery Store Slip-and-Fall Case
Have you ever been involved in a slip and fall accident inside a store resulting from water being on the floor? Were you injured as a result? If so, who would you think was at fault? How would you receive just compensation? In a recent case, the Louisiana Second Circuit…
East Baton Rouge, Louisiana, Courts Judgment Dismissing Negligence Claims Against Hospices Discharge of Terminally Ill Cancer Patient
In cases involving negligence on behalf of medical personnel, expert testimony is often needed to establish the standard of care that was breached by the party being sued. An expert’s testimony will be admitted based on its relevance to the facts at hand as well as the experts level of…
Creative Arguments Fail in Medical Malpractice, Breach of Contract Lawsuit
Imagine that your mother, a friend, or someone else you love dearly suffers from numerous health problems. In a terrible twist of fate, your loved one falls, worsening their current condition and making life more painful and difficult than it already is. To top it all off, what would already…
Injured by Ambulance Driving to Emergency Call, Louisiana Court Reviews Emergency Call Driving Standards
We’ve all been in the situation where we’re sitting at a red light or approaching an intersection and all of a sudden we hear sirens and see flashing lights. Everyone knows to stop and yield to the oncoming ambulance. Sometimes, however, a driver might not yield for whatever reason. This…
Louisiana Court Holds Car Accident in Parking Lot is not Parking Lot Owner’s Fault
Parents love their children very much. It is always a difficult experience to involve a child in a lawsuit. Such an emotionally difficult experience can be soothed by having the best attorney possible. Losing a lawsuit on behalf of one’s child is a traumatic experience, especially after an accident. This…
Louisiana Court of Appeal Upholds Plaintiffs’ Pauper Status
Are you being or have you been sued and simply can’t afford court costs and litigation due to financial instability? If this is your case, you can file an affidavit of poverty also known as obtaining pauper status pursuant to La. C.C.P. art. 5183. By applying and obtaining this status,…
Rapides Parish, Louisiana Department of Corrections Not Responsible for Inmates Injured During Work Release
When a person is injured, timeliness and diligence are required to hold the responsible party liable under the law. If either element is missing, the injured person will lose the ability to seek relief. An early procedural hurdle plaintiffs face in litigation is the defendant’s motion for summary judgment. Here,…
Passenger Injured on St. Bernard Urban Rapid Transit Bus in His Wheelchair Seeks Increased Award from Louisiana Appeals Court
The devil is in the details is a well-known idiom that holds true in this case. It was only upon a close examination of the factual details set out in the trial record that the Louisiana Fourth Circuit Court of Appeal ruled in the plaintiff’s favor. In the case, the…