Imagine that your doctor gives you a prescription drug to alleviate a persistent headache or cold, or recommends for you a new pacemaker or prosthetic joint. If your doctor’s prescription drug or medical device ends up injuring you—what do you? The general rule is that a consumer who is injured…
Articles Posted in Strict Liability
Timeliness Due to Lawyer Mistake Essential in Court Ruling
It is common knowledge that most courts have more cases than they can handle today. Many parties experience long waits between court dates in most courts. This is one of the many reasons that timeliness in the courtroom is so important. The following case arising from the Sixth Judicial District…
Demonstrating Permissive Use of Vehicles Key to Insurers’ Liability
Motorist Jennifer Lopez was injured in a hit-and-run accident with a truck near Vinton. At the time of the accident, the truck was being driven by someone other than its owner, Teri Ardoin. The driver fled the scene but the truck was tracked down and Ardoin identified as the owner.…
Second Circuit Confirms that Employee Was At Fault in Personal Injury Lawsuit
Last August, the Second Circuit Court of Appeal upheld a ruling against plaintiff Dennis Quillian in a tort claim ensuing from a work-related injury in Pineville. At the time of the accident, Mr. Quillian was working as a truck driver for Swift Transportation Company, Inc., carrying paper manufactured by Georgia…
No Contest Ruling Means Damages in Marrero Car Accident Case
On May 8, 2007, in Marrero, Louisiana, two cars were sitting at the intersection of Ames and Lapalco Boulevards. One car carrying a couple sat ahead of a truck carrying one individual. The man driving the truck’s foot slipped off the clutch and the truck rolled into the back of…
Car Accident Damage Award Increased in Monroe, Affirmed on Appeal
The American justice system places juries in charge of some fairly weighty decisions. However, juries are not the final arbiter of a plaintiff’s rights. There are several post-verdict motions that can be made at the trial level as well as an entire system of appellate courts to which a plaintiff…
Summary Judgment and its Significant Impact in the Judicial System
Is it possible for your case to be over even before it begins? Yes … well, sort of. Through what is known as summary judgment, it is possible for a court to render a decision in favor of one party and against another before there is a trial on the…
Tragic Incident Involving Infant Demonstrates Assignment of Liability
Any injury suffered by a child under medical care is especially tragic. However, litigation after such an injury is essential for families who often have to do so in order to afford future medical costs down the road. Recently, the parents of an infant sued a group of doctors and…
Car Accident Caused by Slow Merge Raises Legal Issue of Sudden Emergency Doctrine
Car accidents can be difficult to navigate because of conflicting evidence, opinions and the fact the circumstances often lead the people involve rattled and unable to recall facts clearly. In a recent case, Bethany Dixon appealed a trial court judgment against her involving a vehicular accident that occurred on I-20…
Louisiana Court of Appeals Affirms Judgment in Favor of Defendant Companies in Property Damage Lawsuit
On February 27, 2012, a district court for the Parish of Lafayette ruled in favor of two defendants being sued by plaintiffs C.F. Kimball II and Linda R. Kimball for property damage. The first defendant, Luhr Bros. Inc. d/b/a Construction Aggregate, owns a shell yard across from the Kimballs’ property…