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Articles Posted in Strict Liability

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Lafayette Parish School Board Case Provides Lesson on Duty of Care Owed to Students Who Stay After School for Detention

Common in Louisiana middle schools is a disciplinary program that requires students who engage in acts of moderately serious misbehavior to stay after school in “detention.” To reinforce the punitive nature of the program, many schools require a student who stays late for detention to find his or her own…

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Chinese Drywall News a Welcome Sign for Those With Toxic Sheetrock in their Home

Louisiana residents are becoming increasingly concerned about the drywall in their homes, which might be leaking toxins and other contaminants into the bedrooms and throughout the house depending on the manufacturer. Drywall consists of panels made of gypsum plaster pressed between two thick sheets of paper. The panels are used…

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Ouachita Parish Car Wreck Shows Trial Court’s Role in Settling “He Said/She Said” Arguments

On October 18, 2007, Kalencia Young and her passenger, Ashley Newsome, both pregnant, were driving on DeSiard Street toward Renwick Street in Monroe. At the same time, Gerald Adams was driving toward the intersection, which was controlled by a traffic light, on Renwick Street. The two vehicles collided when Adams’s…

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Piercing the Corporate Veil: How to Collect from the Company and the Person Responsible for your Injuries

Ericka Lynn Carter brought a lawsuit against several parties after she was in a car accident in January, 2008: B&B Wholesale, Inc., Praetorian Speciality Insurance Company, Billy Dwayne Brumley, Ancul D. Bland, and the Louisiana Department of Transportation. She alleged that each party was liable for damages. Defendant Brumley moved…

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Berniard Law Firm Files Suit for Chalmette Refinery Catalyst Release in Ninth Ward, Other Communities

The Berniard Law Firm is look to tackle a negligent refinery by representing a Chalmette resident assaulted by chemicals released from a St. Bernard Parish oil refinery. While taking a walk through her neighborhood on the morning of September 6, 2009, the woman observed white dust covering homes and vehicles.…

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East Feliciana Accident Demonstrates Importance of Children Wearing Seatbelts

On Saturday, July 24, 2010, tragedy struck in East Feliciana Parish as a 9-year-old girl died in a car accident. Reports state that the young girl, Tobiya Kato, was killed when the car driven by her mother, Jamet Kato, veered off the road and flipped before coming to a rest…

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Fatal Collision in Pearl River Illustrates Elements of Semi-Truck Negligence

In Pearl River on July 9, an 18-wheel truck blew out a tire and crossed over into oncoming traffic killing four people. The accident at the Louisiana/Mississippi state line occurred when the driver of the semi was driving northbound on I-59 and lost control of the vehicle after the tire…

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Summary Judgment in a Car Accident: the Complexities and Value of Police Reports/Record

Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue…

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The Complexities of Multi-Accident Lawsuits: Court of Appeals Vacates Judgment in Avoyelles Parish Case

A very recent Louisiana Court of Appeals decision arises from a lawsuit filed by Lloyd and Dotris Bordelon to recover damages stemming from a pedestrian-vehicle accident that followed a vehicle-vehicle collision. The first accident occurred in September 2003, when John Vercher and his wife were going north on Highway One…

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The Clock is Still Ticking: Louisiana Case Explores Prescription

When filing a complaint, the attorney needs to make sure that they are bringing in the correct parties and including the right claims with their legal action. Mistakes can result in losing the entire case before it even begins thus focusing on even the smallest details can save a complaint…

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