Every detail matters at trial and can make the difference between winning and losing. In a recent Louisiana case, BCM L.L.C (“BCM”) and Nawlins Kajun Foods, L.L.C. (“Nawlins”) sued Copeland’s of New Orleans under the theory of detrimental reliance. At the end of the trial, the jury sent a request to the judge to clarify
In 2008, three men were passengers on a chartered fishing boat that collided with a utility boat. The fishing boat’s insurance company was St. Paul Fire and the utility boat’s insurance company was Steadfast. Harvest Oil owned the utility boat. Normally, the insurance companies would fight about who was at fault and may eventually make
In 2008, three men were passengers on a chartered fishing boat that collided with a utility boat. The fishing boat’s insurance company was St. Paul Fire and the utility boat’s insurance company was Steadfast. Harvest Oil owned the utility boat. Normally, the insurance companies would fight about who was at fault and may eventually make
Recently, the Louisiana Third Circuit Court of Appeal considered the assertion that the Medical Malpractice Act’s limitation of recovery or the “cap” contained within La.R.S. 40:1299.42(B) is unconstitutional. At trial, the court determined that the Louisiana statute La.R.S. 40:1299.47(B) was unconstitutional “as violative of the equal protection and adequate remedy guarantees of the Louisiana constitution.”
The case of American Zurich Insurance v. Caterpillar arose from a truck fire that took place in Natchitoches Parish on April 7, 2010. American Zurich insured the truck and Caterpillar manufactured the truck’s engine. American Zurich opened up a loss file on the truck the day of the fire. American Zurich paid out almost $77,000
Injuries can happen anywhere but do not always lead to successful legal suits. Larry Modicue was directed by Rose Kennedy, an insurance agent for State Farm Fire & Casualty Co. in West Monroe, Louisiana, to have a seat in her office, which resulted in the chair collapsing. Modicue is a 404-pound man who has sat
A case appealed from the Parish of Claiborne, arising from an incident in Homer, Louisiana, raises a couple of important issues regarding lawsuits against insurance providers. In this case, the plaintiff was a passenger in a car that met the defendant, driving her own car, at an intersection. The plaintiff and the defendant were already
In Louisiana, the Third Circuit Court of Appeal upheld a summary judgment against plaintiff Louis Fox in a tort claim ensuing from a work-related injury at the Rodemacher Power Station. On August 12, 2008, Louis Fox, while working inside a cyclone tower at the Rodemacher Power Station, sustained an injury when an object fell from
In its earlier opinion, the Court of Appeals held that Lawrence E. Metz’s 2003 Chevrolet Avalanche was in fact covered by the Safeway Insurance Company during an accident that happened in Bossier City, Louisiana. The Court of Appeals looked to the language of the policy that stated “when two or more automobiles are insured hereunder,
When a healthcare provider is involved in an accident that harms a patient, the injured party can seek relief in court. But a medical malpractice plaintiff must be able to show the standard of care that applies to the particular provider in question. In Blood v. Southwest Medical Center, a recent case arising out of
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.