Louisiana Personal Injury Lawyer Blog
If you have ever watched a legal television show, you have seen the wide variety of evidence presented. Even if your lawsuit is not as high-stakes as the latest murder mystery show, it is still important to present sufficient evidence to satisfy your burden of proof and prevail on your claim. Otherwise, your case could get dismissed on a motion for summary judgment. The following lawsuit involving a slip in fall in a Louisiana convenience store discusses the concept of open and obvious risks.
Moore drove his car to a Murphy Oil gas station in Hammond, Louisiana. After he had purchased some items in the convenience store, he walked towards the door. While he reached for the door, he turned back and talked to the store manager. As he left the store, his foot contacted a pallet display stand with water bottles that were located right outside the door. He tripped and stumbled but did not fall. Moore reported this to the store manager. Afterward, he received treatment for his back pain. Murphy Oil paid for this treatment for about four months.
When Murphy Oil stopped paying for his treatment, Moore filed a lawsuit alleging that the display with water bottles was an unreasonably dangerous condition. The defendants, Murphy Oil and Liberty Mutual Fire Insurance, filed a motion for summary judgment. The court denied this motion, and the case went to trial. Before trial, Moore agreed that his damages were not over $50,000. At the trial, the court ruled in favor of Moore and awarded damages of $37,500. After they lost, Murphy Oil and Liberty Mutual appealed, arguing that the trial court incorrectly denied their summary judgment motion.
What happens if you win a lawsuit but the other side moves to reduce the amount of money you were awarded? This is the situation Marcus Berry found himself in after he was awarded over a million dollars in damages due to injuries he suffered in a car accident. 
Scheduling a post-accident surgery promptly may be essential to ensure complete physical recovery. Sometimes, the scheduling of post-accident surgery matters less. However, scheduling your surgery prudently may pay off when recovering damages in court, as one plaintiff found in a recent appeal discussed below. 
Most lawsuits begin with a petition that lays out the facts and basis for a claim. These facts are pertinent to the survival of each claim and defense. Many pretrial hearings and motions are based on what is pleaded in the petition. The face of each pleading can determine the case’s outcome from the beginning. 
When a case ends at the trial court level, the judge signs a physical order document laying out the court’s decisions. This physical order document is called a final judgment; every case will only have one final judgment. Final judgments cannot be amended easily by either the trial court or the parties. The only permissible amendments are those that fix basic errors, such as spelling or arithmetic; all other modifications or changes should be brought up on appeal or in a motion for a new trial. 
The legal system is complicated, with many “dos-and don’ts.” Whether or not you can have your case heard in court first requires following the rules guiding the sufficiency of your claim. If your complaint fails to show that you have a right to bring the case against your defendant, your case might be dismissed. But how strictly interpreted is this rule? What does it look like when a cause of action is sufficient to be heard or ripe for dismissal?
In the United States, parents are often deemed responsible for the criminal conduct of their minor child. But the rules guiding this concept could be more precise and are subject to much controversy. How do we decide when that duty exists and when it ends? A Louisiana court answers the question, does parental liability extend over adult children in Louisiana?
Slip and fall claims are among the most common types of personal injury lawsuits. But how do you ensure that your claim makes it through the legal process? A dismissed case against a Metairie restaurant can show you what mistakes to avoid in setting up your slip-and-fall claim for success. 
Medical conditions can be a sensitive topic for both employers and employees. While employers are extremely cautious in not asking discriminatory questions, the employees may still be reluctant and afraid to lay all cards on the table. Understandably, workers who suffer from pre-existing medical conditions feel that they don’t need to inform their employers as long as the illnesses are not getting in the way of work. But should they? A recent case from Lousiana Fourth Circuit illuminates the legal consequences where the employee lied on the medical forms and later requested worker’s compensation.