In continuing the last post, an automobile accident took place where a variety of damages awarded to the plaintiff were mitigated by the allocation of fault. After the court of appeals reversed the allocation of fault and rendered that Mr. Artigue was 100% at fault, the court addressed four remaining…
On a rainy morning in Lafayette Parish there was an accident on I-49, and traffic was even more congested than usual. However, a subsequent accident is the subject of this post. Ms. Richard was driving southbound when she came upon the accident and stopped. The vehicle behind her did the…
A high percentage of personal injury lawsuits are based upon claims of negligence. Negligence and intentional torts are both similar in that they result in harm to others. However, negligence actions differ from intentional torts because they are the result of a non-intentional action. There are essentially four elements of…
In order to hear a claim a court must have jurisdiction over the matter. Essentially, that means that the court must be legally able to hear the case. For example, some courts are only legally allowed to hear certain types of cases, like the Tax Court, which only hears tax…
In the previous post, we looked at the background and majority opinion in Khan v. Normand, et al, which involved the tragic death of Nayeem Khan after he was hog-tied by deputies of the Jefferson Parish Sheriff’s Office. This post will delve into the dissent written by Judge Garza. Judge…
Precedent is an absolutely vital part of American jurisprudence. Judges look to previous court cases to help guide them through their decision making process. Judges attempt to distinguish cases that are different, and analogize similar cases. Precedent adds an amount of stability to our justice system. But what happens when…
42 U.S.C. Section 1983, better known simply as Sec. 1983, is an extremely important federal civil rights law that allows people to seek damages for violations of their civil rights by state actors (those who work for the government). Such claims frequently arise from alleged excessive force or unlawful arrest…
Duty, causation, breach, and damages…what do these four little words mean to you? They could mean everything if you are litigating a claim of negligence because these terms represent the elements that must be satisfied in order to successfully prove your case. Negligence suits have historically been analyzed using these…
In Louisiana, the Department of Transportation and Development (DOTD) is responsible for the maintenance of public roadways “in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and resonable prudence.” In order to accomplish this goal in…
The rule of thumb to the average driver is that the driver of the car that rear-ends another is always at fault. Although that may be the case generally, there are exceptions. While Louisiana law states that a driver is not allowed to follow more closely that is “reasonable and…