Fourth of July Offers Reminder of Danger of Negligence and Need for Common Sense, Attention to Safety

July 4th, though best known as an occasion for grilling out, visiting the beach or lake, and watching the fireworks, is unfortunately also notorious for its high incidence of accidents and injuries. Many incidents, especially vehicle and boat accidents, are related to alcohol use. The Louisiana Highway Safety Commission recently announced that more than 87

July 7, 2011 No Comments

Lafayette City-Parish Consolidated Government Ordered to Pay Damages, Costs to Injured Bus Passenger

The plaintiff in this case, Eileen Laday, was a passenger on a bus owned by the Lafayette City-Parish Consolidated Government. The bus had been donated to the City-Parish in the aftermath of Hurricane Katrina. When the bus was donated, it was missing a plexiglass shield that was designed to keep the bus door from coming

June 5, 2011 No Comments

Appellate Court Affirms Small General Damages Award in Minor St. Landry Parish Accident

In a prior post, we saw that the trial court is afforded considerable deference in the setting the amount of general damages in tort cases. More than 30 years ago, the Louisiana Supreme Court stated: “[T]he role of an appellate court in reviewing general damages is not to decide what it considers to be an

June 3, 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

No Future Expenses Awards for Ouachita Woman Who Suffered Injuries in Accident

The tort law system is designed to make whole those who have been injured. Since medical science is both an imperfect art and an imperfect science, money is most often the cure for what ails plaintiffs. In each case the jury must decide how much money it takes to remedy the injury the victim suffered?

May 20, 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

Court Clarifies Duty of Ambulance Dispatcher in Dropped 911 Call

When a caller dials 911 to report an emergency, it is not uncommon for the operator to transfer the caller to the local service provider that is best suited to respond to the incident. For instance, a caller who reports an auto accident can expect to be connected with the nearest ambulance service. In the

May 6, 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

Slip-and-Fall Dismissal Upheld Due To Lack of Evidence

The Third Circuit Court of Appeal for the State of Louisiana affirmed a Calcasieu Parish court’s decision to grant the defendants’ motions for summary judgment and dismissal of the plaintiff’s claims for injuries she sustained when her electric grocery cart allegedly malfunctioned while she was grocery shopping. In considering a motion for summary judgment, a

April 12, 2011 No Comments

Simmesport Auto Accident Reminds Insurance Policy Holders: Read Your Policy Carefully!

Previously on this blog, we examined the concept of a “substitute vehicle” for purposes of extending insurance coverage for an auto that is used only temporarily and in place of a policyholder’s usual car. In this situation, the insurer is required by state law to extend the same coverage to the substitute car as was

March 23, 2011 No Comments

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Fourth of July Offers Reminder of Danger of Negligence and Need for Common Sense, Attention to Safety

Lafayette City-Parish Consolidated Government Ordered to Pay Damages, Costs to Injured Bus Passenger

Appellate Court Affirms Small General Damages Award in Minor St. Landry Parish Accident

Appellate Court Reverses Factually Unsupported Judgment in Car Wreck Case

No Future Expenses Awards for Ouachita Woman Who Suffered Injuries in Accident

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

Court Clarifies Duty of Ambulance Dispatcher in Dropped 911 Call

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

Slip-and-Fall Dismissal Upheld Due To Lack of Evidence

Simmesport Auto Accident Reminds Insurance Policy Holders: Read Your Policy Carefully!

Jeffrey Berniard

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