Happy Holidays from the Berniard Law Firm
On behalf of the Berniard Law Firm, we hope that all of our friends and followers have had a relaxing and restful holiday. Posting will resume on Tuesday
April 8, 2012
No Comments
VIEWING ARCHIVES FOR:
Accidents
Search Our Legal Knowledge Base
Lawsuit Over Jackson Parish Car Wreck Dismissed Due to Late Filing
Under Louisiana law, the plaintiff in a personal injury lawsuit may file his complaint with the court by fax. However, the plaintiff must, within five days of transmitting the fax, forward to the clerk of court the original, signed complaint and any fees that are due. If the plaintiff fails to forward the original document,
March 26, 2012
No Comments
Tort or Medical Malpractice? Insurance Companies Battle Over Coverage in Ouachita Parish Injury Case
On June 27, 2008, Betty Jean Russell went to see her eye doctor at Eye Associates of Northeast Louisiana. Russell, 78, who required a wheelchair to get around, was driven to the apppointment by her granddaughter, Ashley Dixon. While Dixon remained in the waiting room, an Eye Associates employee wheeled Russell back to an examination
March 23, 2012
No Comments
Company’s Insurance Fails to Cover Truck Driver In Off-Hours Accident
Whether someone is working at the time of an accident can be difficult to tell, and it affects which insurance coverage applies. Harry T. Kemp was an independent contractor driving a Peterbilt tractor pulling a 50-foot flatbed trailer when the truck collided with an automobile driven by Lewis Jurey in East Baton Rouge Parish. Kemp
March 15, 2012
No Comments
Second Part in Understanding the Anatomy of a Class Action Certification
In our previous post, we began a discussion of the Union Carbide/Dow Chemical Taft plant chemical leak litigation filed by the Berniard Law Firm. This post continues with a review of the court’s analysis of numerosity in certifying a class. Under this requirement, the class must be so large that joinder of all members is
February 17, 2012
No Comments
Anatomy of a Class Action Certification
Early in the morning of July 7, 2009, a 640,000 gallon chemical storage tank at Union Carbide/Dow Chemical’s Taft plant began to rupture. The tank contained ethyl acrylate, a foul-smelling chemical used in making various products including industrial flavorings, fabric finishes, pigments and dyes, floor polishes, adhesives, and caulk. The substance is listed as a
February 15, 2012
No Comments
“Law of the Case” Doctrine, Part 2
In our most recent post, we began a review of the Third Circuit Court of Appeal’s application of the law of the case doctrine in a lawsuit that followed an auto accident in Vernon Parish. The plaintiffs, in opposing UUT’s motion for summary judgment, argued that UUT’s no-coverage arguments had previously been heard in a
January 25, 2012
No Comments
The Plaintiff’s Burden in Proving Special Damages
Under Louisiana jurisprudence, special damages are the category of damages that can be “established to a reasonable mathematical certainty.” Myers v. Broussard. Special damages include awards for past and future lost earnings, since a plaintiff’s forgone income can be numerically calculated by the court. Given the relatively high level of precision, “when a trier of
January 21, 2012
No Comments
Third Circuit Rejects Trial Court’s Apportionment of Fault in Lafayette Auto Accident
It is well settled in Louisiana jurisprudence that an appellate court’s review of a trial court’s apportionment of fault in a negligence action is subject to the manifest error standard. In other words, in order for an appellate court to overturn a trial court’s assessment of fault, it must conclude that no reasonable factual basis
January 19, 2012
No Comments
Longterm Treatment for Terminally Ill Patient Called into Question
Longterm treatment and care can oftentimes be difficult and emotionally taxing for all involved. What’s more, when an already arduous process is muddled by improper actions by the medical staff, legal resolutions do exist but are unlikely to remedy the problems caused. After what seemed like a never-ending nap, an individual who will not be
January 3, 2012
No Comments
Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Archives
Happy Holidays from the Berniard Law Firm
April 8, 2012
No Comments
On behalf of the Berniard Law Firm, we hope that all of our friends and followers have had a relaxing and restful holiday. Posting will resume on Tuesday
Lawsuit Over Jackson Parish Car Wreck Dismissed Due to Late Filing
March 26, 2012
No Comments
Under Louisiana law, the plaintiff in a personal injury lawsuit may file his complaint with the court by fax. However, the plaintiff must, within five days of transmitting the fax, forward to the clerk of court the original, signed complaint and any fees that are due. If the plaintiff fails to forward the original document,
Tort or Medical Malpractice? Insurance Companies Battle Over Coverage in Ouachita Parish Injury Case
March 23, 2012
No Comments
On June 27, 2008, Betty Jean Russell went to see her eye doctor at Eye Associates of Northeast Louisiana. Russell, 78, who required a wheelchair to get around, was driven to the apppointment by her granddaughter, Ashley Dixon. While Dixon remained in the waiting room, an Eye Associates employee wheeled Russell back to an examination
Company’s Insurance Fails to Cover Truck Driver In Off-Hours Accident
March 15, 2012
No Comments
Whether someone is working at the time of an accident can be difficult to tell, and it affects which insurance coverage applies. Harry T. Kemp was an independent contractor driving a Peterbilt tractor pulling a 50-foot flatbed trailer when the truck collided with an automobile driven by Lewis Jurey in East Baton Rouge Parish. Kemp
Second Part in Understanding the Anatomy of a Class Action Certification
February 17, 2012
No Comments
In our previous post, we began a discussion of the Union Carbide/Dow Chemical Taft plant chemical leak litigation filed by the Berniard Law Firm. This post continues with a review of the court’s analysis of numerosity in certifying a class. Under this requirement, the class must be so large that joinder of all members is
Anatomy of a Class Action Certification
February 15, 2012
No Comments
Early in the morning of July 7, 2009, a 640,000 gallon chemical storage tank at Union Carbide/Dow Chemical’s Taft plant began to rupture. The tank contained ethyl acrylate, a foul-smelling chemical used in making various products including industrial flavorings, fabric finishes, pigments and dyes, floor polishes, adhesives, and caulk. The substance is listed as a
“Law of the Case” Doctrine, Part 2
January 25, 2012
No Comments
In our most recent post, we began a review of the Third Circuit Court of Appeal’s application of the law of the case doctrine in a lawsuit that followed an auto accident in Vernon Parish. The plaintiffs, in opposing UUT’s motion for summary judgment, argued that UUT’s no-coverage arguments had previously been heard in a
The Plaintiff’s Burden in Proving Special Damages
January 21, 2012
No Comments
Under Louisiana jurisprudence, special damages are the category of damages that can be “established to a reasonable mathematical certainty.” Myers v. Broussard. Special damages include awards for past and future lost earnings, since a plaintiff’s forgone income can be numerically calculated by the court. Given the relatively high level of precision, “when a trier of
Third Circuit Rejects Trial Court’s Apportionment of Fault in Lafayette Auto Accident
January 19, 2012
No Comments
It is well settled in Louisiana jurisprudence that an appellate court’s review of a trial court’s apportionment of fault in a negligence action is subject to the manifest error standard. In other words, in order for an appellate court to overturn a trial court’s assessment of fault, it must conclude that no reasonable factual basis
Longterm Treatment for Terminally Ill Patient Called into Question
January 3, 2012
No Comments
Longterm treatment and care can oftentimes be difficult and emotionally taxing for all involved. What’s more, when an already arduous process is muddled by improper actions by the medical staff, legal resolutions do exist but are unlikely to remedy the problems caused. After what seemed like a never-ending nap, an individual who will not be