The civil justice system has a few bare minimum requirements that must be met before a party can be successful in any given litigation. In order for a party to be successful in a civil action, that party’s case must make sense to the court in terms of the party…
Articles Posted in Pain And Suffering Claims
Location Dictates Applicable Law, Law Dictates Fault in Marksville
Location can be crucial in determining what law applies to a given situation. When an ambulance driver struck Mr. Dwight Johnson’s truck in the Marksville Taco Bell drive-through lane, Mr. Johnson and his friend were injured. His truck was damaged as well. Since this accident occurred in a parking lot,…
Foreseeability Key to Establishing Accountability in Bastrop Fire Case
Drunk people and gasoline mix very poorly. One such ill-advised combination occurred near Bastrop, Louisiana in 2009. The blend of impaired judgment and a highly combustible, but readily available, substance often end in tragedy. That was the case for a Mr. Ryan Brodnax. He and some friends were drinking beer…
Prescription Limits Discussed in Case Coming from Baton Rouge Fall
Lawsuits have limitations on when an individual can sue. These limitations are important so that people will not dread being sued for some things for their entire lives. It is also important because evidence will be fresher and readily available the sooner the lawsuit commences. However, these limitations also imply…
Appeals Court Determines Judgment Due to Conflict of Fact
Juries have always been an important part of our legal system. Although many people dread jury duty, they are really performing a service when they are called. That service involves providing a judgment by a panel of your peers. We place a great deal of value in judgment rendered by…
Class Action Involving Plant Releases Demonstrates How Certification Occurs
Creating laminated veneer lumber and I-Joists, which are used in residential and commercial construction, require toxic chemicals such as formaldehyde, phenol, and methanol. The chemicals also end up in the waste products of plants that produce these goods. In the Parish of Natchitoches, hundreds of individuals discovered the damage that…
Questions Over Uninsured Motorist Coverage Rejection in Bossier Parish
Louisiana law, in providing for uninsured/underinsured motorist (“UM”) coverage, reflects the state’s strong public policy of providing full recovery to victims who suffer damages in car accidents. If an at-fault driver lacks sufficient insurance coverage, the UM provision of the victim’s own policy will operate to make up the shortfall.…
Court of Appeals Increases Judgment Amount in Slip-and-Fall Accident
A plaintiff from Acadia Parish had her award increased by over $10,000 by the Third Circuit Court of Appeals after slipping and falling on the curb of a dark parking lot at night. In the case, Darbonne v. Bertrand Investments, Inc., No. 11-1224, the plaintiff had gone to pick up…
Wrongful Death Case Clarifies the Use of Expert Witnesses
In trial, experts are individuals who have specific knowledge about their field beyond what the average person would have. That knowledge could be about a broad, technical field such as neuroscience or it could be something as simple as a neighbor who constantly watches the happenings in the neighborhood. As…
Overturned Alexandria Jury Award Demonstrates Power, and Limits, of Court of Appeals
Our justice system puts a great deal of important decisions in the hands of juries. Criminal defendants and civil defendants often find their fates in the hands of some number, varying by jurisdiction, of people with no specific training whatsoever. Our system gives a great deal of deference to the…