It is well established that an appeal court gives deference to a trial court’s finding of fact (ruling) unless the court was clearly wrong or acted in extreme error. In other words, even if the appellate court is convinced that they would have decided upon the evidence differently, the trial court’s findings cannot be reversed
Medical testimony after an automobile accident is complicated enough. When two accidents close in time are involved, it can get downright confusing. All the more so when a court is trying to determine which accident is to blame for not one but several different injuries. But despite questions of accuracy and the sufficiency of evidence,
It is common knowledge that most courts have more cases than they can handle today. Many parties experience long waits between court dates in most courts. This is one of the many reasons that timeliness in the courtroom is so important. The following case arising from the Sixth Judicial District Court for the Parish of
Motorist Jennifer Lopez was injured in a hit-and-run accident with a truck near Vinton. At the time of the accident, the truck was being driven by someone other than its owner, Teri Ardoin. The driver fled the scene but the truck was tracked down and Ardoin identified as the owner. Lopez filed suit against both
On May 8, 2007, in Marrero, Louisiana, two cars were sitting at the intersection of Ames and Lapalco Boulevards. One car carrying a couple sat ahead of a truck carrying one individual. The man driving the truck’s foot slipped off the clutch and the truck rolled into the back of the car. The couple said
The American justice system places juries in charge of some fairly weighty decisions. However, juries are not the final arbiter of a plaintiff’s rights. There are several post-verdict motions that can be made at the trial level as well as an entire system of appellate courts to which a plaintiff can turn if a jury
Is it possible for your case to be over even before it begins? Yes … well, sort of. Through what is known as summary judgment, it is possible for a court to render a decision in favor of one party and against another before there is a trial on the issue. You may be wondering,
Car accidents can be difficult to navigate because of conflicting evidence, opinions and the fact the circumstances often lead the people involve rattled and unable to recall facts clearly. In a recent case, Bethany Dixon appealed a trial court judgment against her involving a vehicular accident that occurred on I-20 near Acadia in Bienville Parish.
Diving into complex legal issues is difficult but necessary. One particular example is the idea of prescription, or timing involved in filing a case. The exception of prescription is a limit on actions that may be brought, and has proven to be a successful defense. Peremptory exceptions may be asserted when the time for filing
On a June night in 2006, Jeryd Zito was driving on a highway going through Plaquemines Parish when an ambulance appeared seemingly out of nowhere. Zito swerved to avoid it, but was not fast enough, hitting the left back corner and the left side of the ambulance. After the accident, Zito sued the owner of
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.