Louisiana Personal Injury Lawyer Blog
In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores the legal complexities surrounding personal liability for corporate officers in cases of negligence. Let’s delve into the details of the case and its implications.
Facts and Procedural History
The plaintiff, Jessica Charles, attended an outpatient program at Genesis Behavioral Hospital. Tragically, she was lured off the premises by another patient, Dave Carter, Jr., and was subsequently raped and exposed to HIV. Understandably, Ms. Charles filed a lawsuit seeking damages from Mr. Carter and Genesis Behavioral Hospital, its insurer, and its officers, Will Arledge and Gretchen Karltenbach.
In a recent decision, the 
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’ compensation benefits? These questions were at the heart of the recent case 
Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.
Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand? The Louisiana First Circuit Court of Appeal recently addressed this question when a worker was injured by an overhead power line. 
Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 
Today, in the age of ever-prevalent social media, it is easier than ever to express opinions about events and even other people. It is also easier for people to find one another’s statements, even if the people involved don’t know one another. Statements about emotionally charged events can harm a person’s reputation, social standard, or self-worth. The courts must balance free speech and private citizens’ protection. The Louisiana First Circuit Court of Appeal recently considered such a situation. 
Relationships between employees and employers can sour quickly when employees commit negligence during their duties. In some cases, the innocent party can seek compensation from the employer for damages caused by the employee. But what if the party causing harm is not really an employee but an independent contractor? And what if the roles are not entirely clear? A recent injury case out of Denham Springs addressed those questions. 
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees?
While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation.