When you suffer a personal injury such as a slip and fall and pursue a remedy in court, you must be able to support your allegations with sufficient evidence. After conducting initial discovery, a party may move for summary judgment and seek to have the case dismissed before it is…
Louisiana Personal Injury Lawyer Blog
Louisiana Court of Appeal Finds Insurance Company’s Definition of Rental Vehicle Unlawful
When multiple auto insurance policies are involved after an auto accident it may be difficult to tell which one is controlling. When a mother’s car broke down she borrowed a car from a friend to take her children to daycare. While on the way to drop her kids off she…
No Abuse of Discretion City Officials’ Denial of Plan to Build Dollar General in Shreveport
Even if a property is zoned for commercial purposes, a city may discretionarily deny a business from buying and developing that property if the city determines it is against the public interest. The city of Shreveport, Louisiana was challenged when they denied a Dollar General’s site plan to develop a…
If Your Car is Rear Ended in An Accident Who is Presumed to be at Fault in Louisiana?
When a driver is rear-ended, there is generally a presumption the rear driver is negligent. This is based on the principle that the following driver must maintain a prudent distance from the vehicle in front of them and concentrate on their speed as well as the traffic and general condition…
Regular Use Exclusion in Louisiana Insurance Policy Prevents Plaintiff’s Recovery
Generally, a driver who is insured for a vehicle they own will remain insured if they use a vehicle they don’t normally use. To limit this, insurance policies commonly contain a regular use exclusion, which will exclude an insurance company from liability when the insured driver uses another vehicle they…
Plaintiff Gets Another Bite: Louisiana Court Overturns Denial of Plaintiff’s Evidence of Disability
Workers’ compensation is a form of insurance run by the state government which pays wage replacement and medical benefits to employees injured on the job. Temporary Total Disability Benefits or “TTD” require the employer or its workers’ compensation carrier to pay indemnity benefits roughly equal to two-thirds of the employee’s…
Louisiana Court Rules Out-of-State Pharmacy Not Entitled to Reimbursement for Expense Claim
Companies that do business in multiple states must consider that individual states have their own laws, which must be followed if a company plans to do business in that state. It can never hurt to do your due diligence before you begin operations and a good attorney can be a…
Louisiana Court Dismisses Monroe Grocery Store Slip-and-Fall Case
Have you ever been involved in a slip and fall accident inside a store resulting from water being on the floor? Were you injured as a result? If so, who would you think was at fault? How would you receive just compensation? In a recent case, the Louisiana Second Circuit…
Louisiana Court Uses Statutory Construction to Overturn Dismissal Based Upon Procedural Issue
Legal issues can be separated into procedural and substantive categories. Although some may view procedural requirements as mere technicalities, they are essential to the efficient and fair operation of the legal system. Parties to a lawsuit must ensure that they meet all procedural requirements of a lawsuit, or else risk…
East Baton Rouge, Louisiana, Courts Judgment Dismissing Negligence Claims Against Hospices Discharge of Terminally Ill Cancer Patient
In cases involving negligence on behalf of medical personnel, expert testimony is often needed to establish the standard of care that was breached by the party being sued. An expert’s testimony will be admitted based on its relevance to the facts at hand as well as the experts level of…