If someone trespasses onto another’s land and is injured will the landowner be held liable for damages? It’s a difficult question that has a variety of rationales for both sides of the issue. The answer could be yes, but only in limited circumstances. In October 1998, 15 year old Hunter Racine was tragically killed after
A claim for loss of consortium is typically pursued following an injury where a husband or wife can no longer enjoy the companionship and services of his or her injured spouse to the same degree as before the accident. The loss can be permanent or only temporary, and it can result from the physical injury
Five Dry Creek youth were injured recently when a roof fell on them. As reported by Southwest Louisiana’s americanpress.com, the five were working to tear down on old building at the Dry Creek Baptist camp when the accident occurred. According to the article: Beauregard Parish Sheriff Ricky Moses said that at around 3:45 p.m., officers
In a 2000 case, the Court of Appeals made several rulings both reversing and affirming Judgments Notwithstanding the Verdict (JNOVs) that were granted after the trial of a very serious Jefferson Parish accident. In October 1995 Michael Mashburn was driving east on 1-10 on the downslope of Bonnabel Boulevard, Jefferson Parish, when he lost control
In previous posts we have examined the important role of expert witnesses in litigation. As a general rule, the party who retains an expert witness is responsible for paying for the witness’s services. The issue of expert witness fees was central to the case of case of Burns v. Apache Corp, 853 So. 2d 708
An “act of God” is an unusual, extraordinary, sudden, and unexpected manifestation of the forces of nature which man cannot resist, or prevent for that matter. Even something as commonplace as ice on a bridge can qualify. Three suits regarding a two-car accident on Natchitoches’ Ecore Bridge in 1990 gave Louisiana’s Third Circuit Court of
Oftentimes, the most important question in an injury lawsuit is not “Can I recover?” Rather, the crucial questions involve whom to seek recovery from and where – i.e., in which court – to do that. Sometimes the answer lies simply in where the accident and injury occurred. However, as an older case from West Feliciana
Although it has been half a decade since the devastation caused by Hurricane Katrina, the dangers Louisiana residents face from both unruly weather and their insurance providers are far from over. A new study released Monday reveals that New Orleans is one of the gulf cities most at risk for hurricane related damage. The study,
Leesville Bank not Liable for Wrongful Death: Louisiana Supreme Court Finds no Breach of Duty At 1:30 a.m. on November 13, 1992 Jesse Pinsonneault left his job as assistant manager at a pizza parlor and went to deposit the daily receipts into the night deposit box at nearby Merchants & Farmers Bank & Trust Company
In May 2005 the Third Circuit of the Louisiana Court of Appeals upheld a significant general damages award rendered in favor of Clyde Rayburn of Hineston. Mr. Rayburn, an 83 year old widower, was injured in 2003 when he was stopped in his pickup truck at an intersection and was struck from the rear by
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
If someone trespasses onto another’s land and is injured will the landowner be held liable for damages? It’s a difficult question that has a variety of rationales for both sides of the issue. The answer could be yes, but only in limited circumstances. In October 1998, 15 year old Hunter Racine was tragically killed after
A claim for loss of consortium is typically pursued following an injury where a husband or wife can no longer enjoy the companionship and services of his or her injured spouse to the same degree as before the accident. The loss can be permanent or only temporary, and it can result from the physical injury
Five Dry Creek youth were injured recently when a roof fell on them. As reported by Southwest Louisiana’s americanpress.com, the five were working to tear down on old building at the Dry Creek Baptist camp when the accident occurred. According to the article: Beauregard Parish Sheriff Ricky Moses said that at around 3:45 p.m., officers
In a 2000 case, the Court of Appeals made several rulings both reversing and affirming Judgments Notwithstanding the Verdict (JNOVs) that were granted after the trial of a very serious Jefferson Parish accident. In October 1995 Michael Mashburn was driving east on 1-10 on the downslope of Bonnabel Boulevard, Jefferson Parish, when he lost control
In previous posts we have examined the important role of expert witnesses in litigation. As a general rule, the party who retains an expert witness is responsible for paying for the witness’s services. The issue of expert witness fees was central to the case of case of Burns v. Apache Corp, 853 So. 2d 708
An “act of God” is an unusual, extraordinary, sudden, and unexpected manifestation of the forces of nature which man cannot resist, or prevent for that matter. Even something as commonplace as ice on a bridge can qualify. Three suits regarding a two-car accident on Natchitoches’ Ecore Bridge in 1990 gave Louisiana’s Third Circuit Court of
Oftentimes, the most important question in an injury lawsuit is not “Can I recover?” Rather, the crucial questions involve whom to seek recovery from and where – i.e., in which court – to do that. Sometimes the answer lies simply in where the accident and injury occurred. However, as an older case from West Feliciana
Although it has been half a decade since the devastation caused by Hurricane Katrina, the dangers Louisiana residents face from both unruly weather and their insurance providers are far from over. A new study released Monday reveals that New Orleans is one of the gulf cities most at risk for hurricane related damage. The study,
Leesville Bank not Liable for Wrongful Death: Louisiana Supreme Court Finds no Breach of Duty At 1:30 a.m. on November 13, 1992 Jesse Pinsonneault left his job as assistant manager at a pizza parlor and went to deposit the daily receipts into the night deposit box at nearby Merchants & Farmers Bank & Trust Company
In May 2005 the Third Circuit of the Louisiana Court of Appeals upheld a significant general damages award rendered in favor of Clyde Rayburn of Hineston. Mr. Rayburn, an 83 year old widower, was injured in 2003 when he was stopped in his pickup truck at an intersection and was struck from the rear by