Roxane Montgomery was hired in October of 2001 as an assistant manager for a video store owned by C & C Self Enterprises, Inc. in Lake Charles. She was 41 years old. Five months later, on April 8, 2002, she was terminated. Ms. Montgomery sued C & C Self Enterprises…
Articles Posted in Strict Liability
Explosion at New Iberia Chemical Plant Leads to Mass Evacuation
An explosion at the Multi-Chem Corporation chemical plant, followed by a series of smaller ones, has led to an evacuation of the area’s residents. Preliminary reports indicate that no injuries have taken place but it will take some time before a full understanding of the incident is known. The company,…
Breaking News: New Iberia Chemical Plant Explosion Leads to Area Evacuations
Reports are coming in that an explosion has taken place at the New Iberia chemical plant, leading to an immediate evacuation of residents in the area and plant personnel. More information will be provided as it becomes available.
Louisiana Supreme Court Dismisses Plaintiffs’ Case Based on Failing To Show Good Cause For Untimely Service of Process
After filing a lawsuit, plaintiffs are required to notify defendants of the impending suit so that they may defend and respond to the claim. Without notice that a lawsuit has been filed against them, defendants’ due process rights may be violated if an unfavorable judgment is entered or rendered without…
Appellate Court Denies Summary Judgment in Store’s Favor in Shoplifter Detention Case
According to the Louisiana Code of Criminal Procedure, a merchant may use reasonable force to detain a suspected shoplifter for questioning or arrest for up to an hour. La. Code Crim. P. Art. 215(A)(1). A merchant who acts under this provision is entitled to immunity from any civil actions arising…
Thirty Years of Asbestos Exposure Leads to Death
Over the past two decades, America’s working class has suffered the impact of exposure to asbestos. Before it was known that asbestos could lead to serious illness and death, people worked around the material without hesitation. Problems with exposure arise due to the fact that the fibers of asbestos, once…
Contractor Not Liable for Electrocution Death in St. Tammany Parish
The U.S. Court of Appeals, Fifth Circuit upheld a District Court ruling in early 2011 allowing a contractor out of a negligence suit following a tragic incident in which a young man was electrocuted while trimming trees. The Court held Defendant Contractor Camp Dresser & McKee, Inc. (CDM) did not…
Lafayette City-Parish Consolidated Government Ordered to Pay Damages, Costs to Injured Bus Passenger
The plaintiff in this case, Eileen Laday, was a passenger on a bus owned by the Lafayette City-Parish Consolidated Government. The bus had been donated to the City-Parish in the aftermath of Hurricane Katrina. When the bus was donated, it was missing a plexiglass shield that was designed to keep…
Appellate Court Affirms Small General Damages Award in Minor St. Landry Parish Accident
In a prior post, we saw that the trial court is afforded considerable deference in the setting the amount of general damages in tort cases. More than 30 years ago, the Louisiana Supreme Court stated: “[T]he role of an appellate court in reviewing general damages is not to decide what…
Court Rules High School Football Stadium Bleachers Are Not Unreasonably Dangerous
On the evening of October 29, 2004, Jeanine Pryor, then 69, attended a football game between Barbe High School and New Iberia High School at Lloyd G. Porter Stadium in Iberia Parish. Pryor, who was there to see her grandson play, was recovering from hip surgery and required a cane…