Louisiana Personal Injury Lawyer Blog
This scenario is not hard to imagine: you are driving along the road, and you get into an accident; however, the other vehicle is not just a regular car owned by a private citizen, but it is a dump truck owned by the local government. When suing a local governmental entity such as a sanitation department or police station, the injured party may face obstacles in naming precise owners of public vehicles or following procedural rules. A recent case out of St. Charles Parish demonstrates what kinds of procedural obstacles a plaintiff may face. It also helps answer the question; what happens if I name the wrong defendant in a lawsuit? Is my case over?
On January 13, 2010, three prisoners in the custody of the St. Charles Parish Sheriffs were being transported in a vehicle owned by the Sheriff’s office when it collided with a dump truck. As a result of the accident, the three alleged they had suffered “severe and grievous injury to body and mind.” On January 12, 2011, they filed a lawsuit against the Parish of St. Charles as the owner of the dump truck, the driver of the dump truck, and its liability insurer. Then the plaintiffs added the Parish of St. Charles Sheriff’s Office as the owner of the prisoner transportation vehicle and the employer of the dump truck driver.
After discovery, St. Charles Parish filed for a motion of summary judgment, asking the court to decide the case in their favor because the allegations were legally insufficient because the Parish did not own the dump truck. In support of its motion, the Parish attached a Certificate of Ownership, demonstrating the St. Charles Parish Sheriff’s office owned the dump truck. The trial judge granted the motion. Subsequently, Greg Champagne, the Sheriff of St. Charles Parish, filed exceptions of prescription, which essentially asked the court to dismiss the lawsuit because the plaintiff did not file the case on time or failed to follow procedural rules. The court also granted the exceptions of prescription, and the plaintiffs appealed.
Some doors, such as bathroom doors, are heavy and have quick automatic closing mechanisms attached. If a door of that nature hits you in the back on your way and knocks you down, who is liable? The following case out of New Orleans shows how courts deal with door-closing mechanisms and trip-and-fall lawsuits. 
Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are involved in one lawsuit and when evidence is not properly admitted. 
A disabling workplace injury can be a nightmare for an employee who suffers physical pain, mental side effects, loss of income, and the uncertainty of litigation. And when large sums of money are involved, an employer will want to fight tooth and nail to avoid liability. This can be particularly distressing when an employee wins at trial only to find the decision has been appealed. 
Police officers can often put themselves in dangerous positions when responding to calls related to domestic violence because tensions and emotions are usually running high. In close-knit communities, it is also not uncommon for victims and perpetrators of domestic violence to have prior relationships with the police. Such was the case for Maringouin’s Chief of Police, John Simien (“Chief Simien”), who was both a friend and family member to Mr. and Mrs. Wright, when he got a call to come to the Wright’s house during a dispute. 
Customers have an expectation of safety while shopping in retail stores. When a customer is injured while on the premise, they are entitled to damages. However, a customer may only recover damages if adequate proof is shown. Proof of an unreasonable risk of harm is a critical element of Louisiana slip and fall cases. The following case out of Slidell, Louisiana, shows why facts are crucial when pursuing a slip and fall lawsuit.
Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you file a lawsuit related to the accident? The following case shows how Louisiana Courts use a choice of law analysis to determine what state laws should apply in these situations. 
No one wants to experience pain and suffering after spending money and time getting surgery. Nonetheless, some people fall victim to these complications. A person can be prone to injury when a defective product is inserted into their body. This was the case with Kale Flagg.
Calculating appropriate damages for a plaintiff who experiences ongoing injuries from a vehicle accident is complex. Jury awards generally are left undisturbed by appellate courts. The following lawsuit shows how the appeals process can alter a jury’s award for mental and physical pain and suffering.