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Louisiana Supreme Court Dismisses Plaintiffs’ Case Based on Failing To Show Good Cause For Untimely Service of Process

After filing a lawsuit, plaintiffs are required to notify defendants of the impending suit so that they may defend and respond to the claim. Without notice that a lawsuit has been filed against them, defendants’ due process rights may be violated if an unfavorable judgment is entered or rendered without their knowledge. The time frame

June 13, 2011 No Comments

Court Rules High School Football Stadium Bleachers Are Not Unreasonably Dangerous

On the evening of October 29, 2004, Jeanine Pryor, then 69, attended a football game between Barbe High School and New Iberia High School at Lloyd G. Porter Stadium in Iberia Parish. Pryor, who was there to see her grandson play, was recovering from hip surgery and required a cane to get around. She sat

June 1, 2011 No Comments

Appellate Court Reverses Factually Unsupported Judgment in Car Wreck Case

In previous posts on this blog, we have discussed the elements that the victim of a car accident must prove in order to recover from an at-fault driver. Whether the defendant’s negligent conduct caused the accident and the victim’s injuries is a question to be resolved by the fact-finder. This role is usually assumed by

May 30, 2011 No Comments

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Louisiana law requires all motor vehicle liability insurance policies to extend coverage not only to the insured, but also to any other person with express or implied permission to drive the motor vehicle. Once the insured gives permission, coverage will be denied only if the driver deviates from the permissive use. Consequently, at issue in

May 14, 2011 No Comments

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

From the Courts of Equity of the England of yore to Louisiana’s Third Circuit, fairness is and has been for a long time an essential component of the law. Civil concepts of fairness still exist today, especially in Louisiana courts dedicated to making whole the victim of a crime. Edward Signal, like many injury victims,

May 10, 2011 No Comments

Oil Pump Injury Demonstrates Limits of Liability for Child’s Injury

Over the course of the last century, products liability law has become more detailed and specific in terms of protecting consumers from injury caused by products. If a product is found to be defective, in most cases any sellers along the chain of sale can be held liable. This means that, from the manufacturers to

May 2, 2011 No Comments

Poor Choice of Venue Following Auto Accident in Lafayette Parish Leads to Dismissal of Suit

The term “venue” refers to the particular court where a plaintiff should file his suit. In the case of car accidents and other tort actions, the Louisiana Code of Civil Procedure gives the plaintiff a choice of venue. The plaintiff can file the suit in the parish where the accident occurred or, alternatively, in the

April 30, 2011 No Comments

Medical Malpractice and the Patient Compensation Fund

A person’s worst fear when undergoing an invasive surgery, is for something to go wrong. For one patient, this fear came true when his doctor operated on the wrong knee. This severe error was not disputed by the Doctor, who admitted he erroneously operated on the plaintiff’s right knee when he intended to treat the

April 28, 2011 No Comments

Court Examines DOTD Liability for Lack of Road Shoulder in Ascension Parish Auto Accident

As discussed previously on this blog, the primary duty of Louisiana’s Department of Transportation and Development (DOTD) is to maintain the public roadways in a condition that is reasonably safe and which does not present an unreasonable risk of harm to motorists who exercise ordinary care. As outlined in this recent post, a plaintiff must

April 26, 2011 No Comments

Court Weighs Applicability of Res Ipsa Loquitur in Morehouse Parish Grocery Store Mishap

The doctrine of res ipsa loquitur can be employed by a plaintiff to establish the defendant’s breach of duty in the absence of direct evidence of the defendant’s negligent conduct. However, use of the doctrine “does not relieve the plaintiff of the ultimate burden of proving by a preponderance of the evidence all of the

April 22, 2011 No Comments

Jeffrey Berniard

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

VIEWING ARCHIVES FOR:

Insurance Dispute

Search Our Legal Knowledge Base

Louisiana Supreme Court Dismisses Plaintiffs’ Case Based on Failing To Show Good Cause For Untimely Service of Process

Court Rules High School Football Stadium Bleachers Are Not Unreasonably Dangerous

Appellate Court Reverses Factually Unsupported Judgment in Car Wreck Case

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

Oil Pump Injury Demonstrates Limits of Liability for Child’s Injury

Poor Choice of Venue Following Auto Accident in Lafayette Parish Leads to Dismissal of Suit

Medical Malpractice and the Patient Compensation Fund

Court Examines DOTD Liability for Lack of Road Shoulder in Ascension Parish Auto Accident

Court Weighs Applicability of Res Ipsa Loquitur in Morehouse Parish Grocery Store Mishap

Jeffrey Berniard

Archives

Louisiana Supreme Court Dismisses Plaintiffs’ Case Based on Failing To Show Good Cause For Untimely Service of Process

Court Rules High School Football Stadium Bleachers Are Not Unreasonably Dangerous

Appellate Court Reverses Factually Unsupported Judgment in Car Wreck Case

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

Oil Pump Injury Demonstrates Limits of Liability for Child’s Injury

Poor Choice of Venue Following Auto Accident in Lafayette Parish Leads to Dismissal of Suit

Medical Malpractice and the Patient Compensation Fund

Court Examines DOTD Liability for Lack of Road Shoulder in Ascension Parish Auto Accident

Court Weighs Applicability of Res Ipsa Loquitur in Morehouse Parish Grocery Store Mishap

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