Victim John Deshotels learned the hard way what happens when you donÕt have a an attorney represent you in an accident injury claim. He took his case to trial unrepresented and lost. Even after getting an attorney the damage was done and he lost again in a recent Court of…
Articles Posted in Negligence
Tragedy Reminds Louisiana Residents of Dangers With Semi Trucks
On May 7, 2010, the Donaldsonville community was saddened when 20 year-old Ryan Johnson was killed in a car accident when his car flipped after he collided with a semi-truck on LA 70. While this loss is tragic, it is also a reminder that accidents involving semi trucks should be…
Court of Appeals Examines the Scope of Employment Requirement for Vicarious Liability
In a recent Louisiana Court of Appeals decision, Janika Johnson appealed a verdict in favor of Gilley Enterprises, owner of a Monroe McDonalds. Johnson, as a customer at the McDonald’s in 2006, was involved in an altercation with an employee. There was a history of ill feeling between Johnson and…
Jones Act Case Dismissed in Federal Court: Norco Tankerman will not be Able to Collect From his Employer
In October 2007, a Norco tankerman was injured aboard the M/V DUSTIN CENAC at dock #2 of the Valero Corporation’s facility in Norco. The tankerman was completing the loading procedure of the barge when the Valero dock man prematurely began lifting the loading arm and he was pinned between the…
Four People Injured in One-Vehicle Natchitoches Crash: What Happens When Passengers Get Hurt?
Early in the morning hours of Saturday, February 6th, 20 year old Jamane M. County of Montgomery was driving a 2002 Honda Civic South on U.S. Highway 71 when he lost control of the car. According to an article on thetowntalk.com, The car ran off the right side of the…
Legal Responsibility for Accidents/Harm in Orleans Parish Nursing Homes
Admitting your elderly mother into a nursing home is supposed to relieve stress and lift a burden from your shoulders. You believe she is going to receive the proper care she needs that you are unable to provide. Unfortunately, for Edward Lewis, tragedy happened after he made this tough decision.…
A General Overview of Negligence and Wrongful Death Claims
Wrongful death. Negligence. We hear these terms thrown out all the time when we read the newspaper or watch TV. Both terms have a similar connotation. We know something “bad” happened to someone, something that should never have happened. However, most people don’t really know what these terms mean. The…
Intoxicated Tailsheek Man Gets Ten Years for Injuring Woman in Traffic Accident
According to a recent article in New Orleans’ Times Picayune, Kenneth Allain of Tailsheek pled guilty last month to charges that he permanently injured a 75 year old woman by ramming his car into her while under the influence of prescription drugs. The accident occurred on Louisiana 41 about three…
Contract Indemnity Provision Voided Under Louisiana Oilfield Anti-Indemnity Act: Legislative Intent Irrelevant When a Statute is Clear
Samuel Silverman Jr. was injured while working for BJ Services Company, a contractor for Bass Enterprises Production Company, hired to provide services on an oil well in Cado Parish. The injury was to Silverman’s knee and occurred because a hoist operator employed by another contractor at the site, Mike Rogers’…
Louisiana Roads in Bad Shape: Poor Roads Lead to More Accidents
According to a recent study published by the Road Information Program (a nonprofit group that evaluates highway data), Louisiana has the second highest auto fatality rate in the nation. In 2008, Louisiana had 2.02 deaths for every 100 million miles traveled. Montana was the one state with more deaths, at…