This case examines the requirements for proving merchant liability in slip and fall cases, emphasizing the importance of evidence and the burden of proof. Case Background Lamarr Pierite sued Dollar General, alleging he slipped and fell in a liquid substance at their store, causing injuries. After a trial, the court…
Articles Posted in Louisiana law
Who Threw the First Punch? Factual Dispute Sends Lawyer Fight to Trial
This case delves into a courtroom clash that spilled over into a legal battle, raising questions about the appropriateness of summary judgment when factual disputes remain at the heart of the matter. Case Background Felix DeJean, an attorney, got into a physical altercation with District Attorney Bradley Burget while discussing…
Time’s Up! Court Rules Umbrella Policy Claim Prescribed in Louisiana Accident Case
The following case deals with the important legal concept of prescription (similar to a statute of limitations) and the rules for adding new parties to a lawsuit after the deadline has passed. Case Background Randall Iles was injured in a car accident and sued his auto insurer, State Farm Mutual,…
Did She Slip or Did She Trip? A Louisiana “Slip and Fall” Case Hinges on Evidence
The following case dives into the world of “slip and fall” lawsuits in Louisiana, where the law sets specific requirements for holding merchants liable for injuries on their premises. Case Background Gwendolyn Thibodeaux fell while shopping at a Super 1 Foods store in Lafayette. Although the fall was captured on…
Did the Son Have the Right to Lend Dad the Company Truck?
The following case explores the concept of “permissive use” in the context of uninsured/underinsured motorist (UM) insurance coverage. Specifically, it examines whether a son, given a company truck for work and personal use, had the authority to grant his father permission to drive the vehicle, thereby extending UM coverage to…
When a Night Out Turns Tragic: Fight for Justice After a Parking Lot Shooting
A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This…
When Contracts Collide: Turner Industries & Honeywell’s Indemnity Dispute
In the world of industrial contracts, the devil often lies in the details – especially when it comes to indemnity clauses. These clauses determine who bears the financial responsibility if something goes wrong, and they can be a source of heated legal battles. This is precisely what happened in the…
Slipping Through the Cracks: The Importance of Timely Legal Action
A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the…