In numerous prior posts, we have explored how critical expert testimony often is in determining the outcome of a negligence trial. Although experts can play a pivotal role in helping a plaintiff build his case, they do present some limitations. Typically, expert witnesses are required to render an opinion based…
Hotel owners, like other hospitality business operators, have a general duty to exercise reasonable care for the safety and security of their guests. The duty extends to protecting guests from harm caused by other guests and visitors to the premises. This does not mean that hotels are liable for any…
In late 2010, the Court of Appeal of Louisiana, Fourth Circuit, shed some light on how the sale of a company may impact claims made by employees against the successor company in Pichon v. Asbestos Defendants AG. The plaintiffs in the case were the wife and children of the deceased…
In a post earlier this week, we reviewed the Third Circuit’s treatment of a medical malpractice case that arose from a double knee replacement surgery. In addition to her enumeration of error about the faulty opinion returned by the state medical review panel, the plaintiff, Margie McGlothlin, also asserted there…
Mesothelioma, also known as asbestos cancer, is cancer of the mesothelium, and is usually found on or around the lungs an individual has had prolonged exposure to asbestos in their homes or at work. Although the disease has become easier to detect in recent years, asbestos manufacturers have actually been…
A recent Louisiana 1st Circuit Court of Appeal decision has raised many eyebrows by overturning a large portion of a lower courts award of $1 million to a group of residents in Baton Rouge’s University Place subdivision. The 360 plaintiffs joined in alleging that the nearby Sewage Treatment Plant was…
Mar’Kirney Holland, only four years old, died tragically in Orleans Parish after allegedly receiving negligent medical care in Lincoln Parish six years ago. This story provides a lesson on how important procedural motions are to a case. Plaintiffs often choose a certain jurisdiction because of different factors. Sometimes certain jurisdictions…
On the day after Thanksgiving in 2003, plaintiff Nicol Hannie’s vehicle was struck by another vehicle driven by defendant Ray Guidry in LaFayette, Louisiana. Due to the holiday shopping sales offered that day, traffic was very heavy. Hannie, who had just finished eating at a restaurant, attempted to make a…
This post constitutes part two of an introduction to mesothelioma: Tissue changes resulting from asbestos exposure cause fluid to become trapped between the lung and the chest wall. This trapped fluid induces three symptoms which are often the initial symptoms a patient notices comprising coughing, chest pain, and shortness of…
Asbestos was recognized to be a toxic substance as long ago as the 1890’s although it was not linked with specific diseases until recently. A multitude of lawsuits have been filed against asbestos manufacturers since 1929 with cases even traveling up to the United States Supreme Court. Nonetheless, no Federal…