Louisiana Personal Injury Lawyer Blog
Language is key when it comes to the law. A court cannot give a plaintiff what he or she asks for if the request is vague. In a similar vein, a judgment’s lack of certain magic words can render it defective. Words have precise meanings in order to be given legal effect. This is illustrated by a recent of the Louisiana Fourth Circuit Court of Appeal. In this case, the Court of Appeal found that a trial court’s judgment lacked the required decretal language required to give the document legal effect.
Baraki Tsegaye was a taxi driver in New Orleans. While waiting for a fare outside of a hotel a pole fell on him and he was injured. Tsegaye sued Royal Engineers & Consultants, LLC, who were responsible for the light pole that struck him. Royal Engineers argued that they had no notice that the light pole was defective and filed a motion for summary judgment for the lawsuit to be dismissed with prejudice. To dismiss a case with prejudice means the case would be permanently ended. The Trial Court granted Royal Engineers’ motion for summary judgment but the judgment did not contain any decretal language, or words giving a legal effect. Tsegaye appeal the judgment.
The Louisiana Constitution grants the Courts of Appeal with appellate jurisdiction as well as supervisory jurisdiction. See La. Const. Art. V, § 10(A). Under La. C.C.P. art. 2082, appellate jurisdiction can be invoked as a matter of right by a litigant. And according to La. C.C.P. art. 2201, the decision to invoke supervisory jurisdiction lies within the discretion of the court. In order for a Court of Appeal to consider a case, there must be a final judgment.
Excessive police force has become a nightly topic in the American news cycle. Ranging from discrimination to life-and-death situations, no one wants to be on the receiving end of mistreatment. In a recent case, a Louisiana woman experienced what she felt was excessive force by law enforcement officers in her own home. The Court of Appeal, however, disagreed. In its decision, the Court of Appeal discussed the burden of proof necessary to succeed on civil rights claims against government officers.
In recent years, many have reported on America’s crumbling infrastructure. Reports show roads, bridges, and dams in disrepair, and raise significant questions about whether governments are applying appropriate modern standards when it comes to our infrastructure. In a recent case, the plaintiffs alleged that the Louisiana Department of Transportation and Development contributed to the death of a teenager in failing to apply appropriate standards in the Highway 923 overlay project. In this case, the Louisiana Third Circuit Court of Appeal discusses some of the evidentiary issues involved in establishing legal liability.
When a plaintiff files a lawsuit, he or she must make sure that the filing is done in the right court at the right time. The court hearing the dispute must have the power to adjudicate and resolve those claims. Sometimes, certain legal doctrine can bar a court from hearing a case, such as sovereign immunity. And similarly, cases can only be decided if the timing is right – the claim must not be brought to early or too late. The effect of filing the claim in the wrong court or at the wrong time can lead to a dismissal, wasting a substantial amount of time and money. In a recent decision, the United States Fifth Circuit Court of Appeal found that a case against the Secretary of the Louisiana Department of Wildlife and Fisheries was both barred by sovereign immunity and not ripe for adjudication.
The Louisiana Merchant Liability Statute aims to protect persons from unreasonable risks of harm by unscrupulous merchants. At the same time, it limits the liability of merchants and protects them from frivolous lawsuits. In order to succeed on a merchant liability claim, the plaintiff must show that the merchant knew or should’ve known of the dangerous condition that harmed the plaintiff. In a recent case, while considering that a dance ballroom can be considered a “merchant, the Louisiana First Circuit Court of Appeal found that the plaintiff failed to show that the defendants had knowledge or constructive knowledge of the risk of harm.
It is no secret that a lawsuit has the potential to become a tangled web of procedural issues. This is why it is always a good idea to secure a good attorney with experience in dealing with the court system. Perhaps less common is the situation where the judge, the party responsible for ensuring an efficient and timely resolution of the dispute, gets tripped up in this procedural web. This is exactly the situation below.
When you are in a motor vehicle accident, there are many issues that can arise as to the issue of fault and whose version of events is more reliable. Conflicting versions of what happened can make it difficult for the court to assign fault. It is thus important to always be aware of your surroundings and the laws of driving a motor vehicle, as illustrated in the following case. 
In November 2008, in Claiborne Parish, Mr. Fields went to Willis Knighton Claiborne Regional Health Center for complaints of diarrhea. Mr. Fields also had an extended history of medical issues, including hypertension and a kidney transplant. He saw a nurse practitioner, who consulted with a doctor and gave him a prescription for a generic antibacterial, which he took as directed. About a week later, he called his doctor’s office complaining that the medicine was making him feel worse. He alleged that he was instructed to continue taking the medicine as originally directed.
When asserting a claim under constitutional law, the moving party must meet a specific standard that is easily navigated by an attorney. As one Louisiana man recently learned, without the help of a lawyer, navigating these pleading standards can be difficult and detrimental to the outcome of your case.
In a lawsuit, a client’s claims need to be monitored every step of the way. If an issue is revived in an appeal, an attorney must keep track of it and reinforce it at each new representation. If an attorney doesn’t continue to assert a claim, a court might think the party abandoned the issue and the court will not review it on appeal. Keeping these claims alive is not a major undertaking, but as Glenn E. Alphonse, Jr. learned in his recent case, even the slightest misstep in this area can make or break an outcome.