Louisiana Personal Injury Lawyer Blog
Parents love their children very much. It is always a difficult experience to involve a child in a lawsuit. Such an emotionally difficult experience can be soothed by having the best attorney possible. Losing a lawsuit on behalf of one’s child is a traumatic experience, especially after an accident. This is exactly what happened in a recent case of the Louisiana First Circuit Court of Appeal.
In January 2011, the Gaspards were leaving a Winn-Dixie store in Covington, Louisiana walking with their son in a baby carrier through a marked pedestrian zone. Suddenly, they were struck by a vehicle. In May 2011, they filed a lawsuit on behalf of their son against the driver of the vehicle, Anna Lewis; Safeway Insurance Company, the liability company that insured Lewis’ vehicle; and Geico General Insurance Company, the Gaspards’ uninsured or underinsured motorist carrier. Later, the Gaspards added Winn-Dixie Louisiana, Inc., Winn-Dixie Montgomery Leasing, LLC, and Gordon Konrad, the owner of the parking lot, and his insurers as additional defendants. The Gaspards alleged that these additional defendants had been negligent in the parking lot’s maintenance and design. The Gaspards further alleged that the Winn-Dixie and Konrad knew or should have known of the danger to pedestrians in the parking lot and had failed to take the appropriate measures to protect pedestrians.
In 2014, Winn-Dixie and Konrad filed a motion for summary judgment, arguing that the case should be thrown out because the Gaspards were unable to show a connection between the parking lot and their injury. Later, the Trial Court dismissed Gaspards’ claims were dismissed. The Gaspards appealed.
Louisiana law awards damages awarded for injuries caused by the intentional, negligent or reckless act of another. These damages are determined by the finder of fact – a jury or judge – after hearing the evidence presented at trial. Even if the factfinder finds that the defendant is at fault, sometimes it is not clear cut what type of damages should be awarded and what amount is proper. A recent case out of Livingston Parish demonstrates how courts in Louisiana allocate damages in personal injury cases.
The Louisiana Workers’ Compensation Act aims to protect employees who suffer on-the-job injuries. But in order to benefit from the act, plaintiffs have the burden of proving their claims. This means providing clear and convincing documentation of your injuries and work limitations. In a recent case, the Louisiana Second Circuit Court of Appeal found that the plaintiff failed in meeting this burden of proof.
Appellate courts are reluctant to reverse a trial court’s judgment based on the argument the trial court failed to properly evaluate the evidence. Deference to a lower court is the norm. A recent decision by the Louisiana First Circuit Court of Appeal in DeBlanc v. Albertson’s highlights the principle of judicial deference.
Concursus proceedings can be complicated. In a concursus proceeding, multiple parties assert competing claims to money or property. 
“An eye for an eye will only make the world blind,” said Mahatma Gandhi. In a recent case, the Ritz-Carlton Hotel Company, LLC claimed that one of its employees filed a lawsuit against it as retaliation for her dismissal from the company. The Louisiana Fifth Circuit Court of Appeal was faced with the question of whether that employee actually suffered a compensable work-related injury or whether her claims were suspect.
When a person is injured, timeliness and diligence are required to hold the responsible party liable under the law. If either element is missing, the injured person will lose the ability to seek relief. An early procedural hurdle plaintiffs face in litigation is the defendant’s motion for summary judgment. Here, the plaintiff must exercise diligence in gathering the necessary evidence to articulate genuine issues of material fact or face dismissal. Another procedural hurdle is the exception of prescription. Similar to what other states would refer to as a “statute of limitation”, prescription is a legal mechanism which prevents a person from pursuing a lawsuit after a certain period of time. In a recent case of the Louisiana Third Circuit Court of Appeal, several procedural hurdles prevented the plaintiff from obtaining recovery. 
The devil is in the details is a well-known idiom that holds true in this case. It was only upon a close examination of the factual details set out in the trial record that the Louisiana Fourth Circuit Court of Appeal ruled in the plaintiff’s favor. In the case, the Fourth Circuit discusses the two-step process used to determine if the lower court correctly calculated its award of special damages. 
A jury’s verdicts can an often depend upon which party it believes the most. In a jury trial, the jury is indeed the trier of fact. It hears the evidence and makes findings of fact based on the credibility of witnesses and other evidence presented at trial. In a case out of Gonzales, Louisiana the verdict hinged on whether the Plaintiff, Mindy Weiley, appeared credible to the jury or whether she seemed to be a liar. 
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.