Louisiana Personal Injury Lawyer Blog
Most of us have been either in an accident or know someone who has, and it’s never fun. Damage to your car, bodily injuries, and legal repercussions can drag out for years after the accident. Kodie Courville was sitting in his car in the CVS parking lot on the corner of Youngsville Highway and West Pinhook Road, when Efrem Ross’ truck and trailer struck Courville’s vehicle, after being struck by Patricia Francis’ vehicle. Shortly before the turn into CVS, one lane becomes four. Francis was in the first lane, intending to turn right into CVS. Ross was in the lane to her right. Francis turned right, not realizing there were more lanes to her right side, and slammed into the side of Ross’ truck causing Ross to swerve into the CVS parking lot and hit Courville.
Courville’s wife, Brooke, was also in the vehicle when it was struck. Kodie sustained major injuries as a result of the accident and petitioned the court for damages, naming as defendants: Patricia Francis, Francis’ insurer, Allstate Insurance Company; Efrem Ross; Ross’ employer, Whitco; and Whitco’s insurer, Lexington Insurance Company. Brooke Courville also brought a loss of consortium claim. A loss of consortium claim is one seeking compensation for damages for loss of enjoyment/livelihood with an injured spouse. The jury ultimately returned a judgment in favor of the Courvilles awarding $3,000,000 to Kodie and $21,000 to Brooke.
The defendants appealed, and Lexington claimed the trial court had erred in not allowing the jury to see plaintiff’s original Petition for Damages even though it was admitted as evidence with no objection. The appellate court decided allowing the jury to view the Petition for Damages without allowing it to also view the amended Petition for Damages would be more burdensome than probative for the court. La. C.C.P. art. 1795(B).
Buying a house and later discovering that the house has foundational defects is a nightmare every homeowner seeks to avoid. Even more unpleasant is to find out that you do not have any recourse against the seller. The nature of such recourse would partially depend on when the defects were discovered, but also whether the seller is a builder, contractor, or manufacturer, because such a status might extend the timeframe of bringing in an action against the seller.
In Louisiana, if someone does work to your home and you find the work to have been completed unsatisfactorily, you have a one-year prescription period to bring the issue to court. However, what does one do if problems from this work do not appear right away? Considering the statute that allows a one-year prescription period at the first notice of damage, what exactly is noticing damage? Is it formally reporting the issue or simply remarking on an observation? The Louisiana Fifth Circuit Court of Appeals recently decided a case on appeal from Jefferson Parish that answered such questions.
Arbitration is a matter of contract. Parties to an arbitration agreement contract on matters they agree to submit to arbitration. That agreement defines the extent to which the parties are subject to the authority of arbitrator, and such authority corresponds to the boundaries set in the agreement. This case is an example of an attempt to enlarge those boundaries and of the consequences of such attempt.
When driving at night, it is always important to make sure your vehicle lights are working, not just so you can see, but also so others can see you. Not only can this simple task avoid an accident, but failure to do so can get you in trouble with the law.
What would it take for an appellate court to overturn an award of damages? According to the Louisiana 3rd Circuit Court of Appeal, the bar is set high and very rarely does an award for damages get overturned as long as it’s reasonable. Lafayette Motors employed Mr. Menard as a service advisor. In August 2003, Dr. Stroy came to Lafayette Motors to obtain a copy of the repair estimate for his wife’s car. While Menard made a copy of the estimate, the shop manager instructed Menard not to give the estimate to Dr. Stroy. Menard crumpled up the estimate to place it in the trash; however his right wrist was grabbed and twisted by Dr. Stroy. Dr. Story proceeded to take the estimate and leave the premises with it. Menard had injuries to his wrist and arm and was later diagnosed with tendinitis by an orthopedic surgeon. Almost ten years later, Menard testified he still had pain in his wrist.
Public entities are treated as private entities when it comes to slip and fall situations. They must abide by a liability standard when a customer or employee slip and fall on their premises. The standard gives the public entity responsibility for things that they control. The standard is similar to the standard used in cases of slip and fall. In this case, the court considered whether a slip and fall on a public entity’s premises can lead to liability. 
Although many people are aware that merchants are required to keep their premises reasonably safe, it can be complicated to establish what exactly constitutes unreasonable risk. 
When writing leases, it is important to pre-determine who is at fault if an accident or injury occurs on the rented land. Yet, this determination can become complicated when the border of the leased land comes into play. Other issues can involve the exact lease language which states whether one party is indemnified, or is free from having to pay damages. A case out of western New Orleans shows how damages and fee allocations for a horrific accident involving a loose metal gate depends on which lease governs, what clauses are met, and where fault should be allocated.
Freak accidents can happen in the most unexpected ways. When these life-altering events occur, it often affects more than the injured person. Depending on the circumstances, family members can receive compensation for non-physical injuries, such as loss of consortium (companionship).