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Negligence

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Drunk Driver’s Claim Against the Louisiana Department of Transportation Fails Under the “Gross Negligence” Exception

According to state law, the Louisiana Department of Transportation and Development (DOTD) has a duty to maintain the public highways in a condition that is reasonably safe for drivers exercising care and reasonable prudence, and even for those who are slightly exceeding the speed limit or who are momentarily inattentive. Ferrouillet v. State ex rel.

January 20, 2011 No Comments

Legal Malpractice Action Connected with Wrongful Foreclosure on East Baton Rouge Parish Property

An attorney owes a fiduciary duty to his client. This means that, in keeping with the special relationship of trust between them, the attorney must put his client’s interests ahead of his own and avoid harm to his client to the best of his ability. At its most basic level, the duty requires the attorney

January 18, 2011 No Comments

Court of Appeals Awards Bad Faith Damages Against Insurance Company Who Refused to Pay

For the family of someone killed in a tragic car accident faced with mounting medical bills there is nothing worse than learning that the driver at fault for the accident did not have insurance. Luckily, when that happens, you should be protected by the uninsured or underinsured motorist (UM) coverage on your vehicle. For the

January 17, 2011 No Comments

Defendant’s Motion to Switch Courts is Approved in Negligence Suit Against Hospital

Mar’Kirney Holland, only four years old, died tragically in Orleans Parish after allegedly receiving negligent medical care in Lincoln Parish six years ago. This story provides a lesson on how important procedural motions are to a case. Plaintiffs often choose a certain jurisdiction because of different factors. Sometimes certain jurisdictions are chosen because of ease

January 16, 2011 No Comments

Court of Appeals allows Plaintiffs to Continue Suit in Product Defect Matter

Many of Louisiana’s woes are from recent disasters such as Hurricane Katrina and the Gulf oil spill. However, for Plaintiffs in David v. Velsicol Chemical Corporation, their woes began long before then. Plaintiffs were residents and property owners in the Cow Island area of Vermilion Parish when they discovered that their lands had high levels

January 14, 2011 No Comments

DePuy Had Time to Recall Device, Chose to Not Notify Public

This blog has noted several times that DePuy knew of the likely failure rates of its ASR hip implants several years before the medical device manufacturer issued its 2010 recall of the product. In light of this knowledge, DePuy nevertheless waited years before it decided to remedy the dangerous situation caused by its defective hip

January 13, 2011 No Comments

Teen from Cut Off Dies in Car Accident Where Driver Was Unlicensed

According to Houma Today, a 17-year-old boy from Cut Off was killed on October 22nd when the car he was riding in struck a utility pole. The boy, Edward Domingue, and his 15-year-old girlfriend were going to pick up pizza and movies when she lost control of the vehicle. Questions remain regarding why the girl

January 12, 2011 No Comments

Artificial Hip Recall Shows Dangers of a Broken Medical Implant System

The A.S.R., or Aritcular Surface Replacement, artificial hip was promoted by Johnson and Johnson as a breakthrough in design that would last 15 years or more and provide patients with more natural movement. Now, the device has been recalled due to patients developing inexplicable pain and surgeons discovering mysterious masses of dead tissue in patients

January 11, 2011 No Comments

Hannie v. Guidry Spells Out Standards for DeNovo Appeal

On the day after Thanksgiving in 2003, plaintiff Nicol Hannie’s vehicle was struck by another vehicle driven by defendant Ray Guidry in LaFayette, Louisiana. Due to the holiday shopping sales offered that day, traffic was very heavy. Hannie, who had just finished eating at a restaurant, attempted to make a left hand turn onto a

January 10, 2011 No Comments

Court Rules that Survival Suits Exists Against Insurance Company of a Dissolved Corporation

The death of a loved one can obviously be a hard time for a family. Families have to deal with many issues after the death of one of its members, and the financial implication of the death is a hard to handle issue. Many times financial issues may take a long time to materialize. When

January 6, 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:

Negligence

Search Our Legal Knowledge Base

Drunk Driver’s Claim Against the Louisiana Department of Transportation Fails Under the “Gross Negligence” Exception

Legal Malpractice Action Connected with Wrongful Foreclosure on East Baton Rouge Parish Property

Court of Appeals Awards Bad Faith Damages Against Insurance Company Who Refused to Pay

Defendant’s Motion to Switch Courts is Approved in Negligence Suit Against Hospital

Court of Appeals allows Plaintiffs to Continue Suit in Product Defect Matter

DePuy Had Time to Recall Device, Chose to Not Notify Public

Teen from Cut Off Dies in Car Accident Where Driver Was Unlicensed

Artificial Hip Recall Shows Dangers of a Broken Medical Implant System

Hannie v. Guidry Spells Out Standards for DeNovo Appeal

Court Rules that Survival Suits Exists Against Insurance Company of a Dissolved Corporation

Jeffrey Berniard

Archives

Drunk Driver’s Claim Against the Louisiana Department of Transportation Fails Under the “Gross Negligence” Exception

Legal Malpractice Action Connected with Wrongful Foreclosure on East Baton Rouge Parish Property

Court of Appeals Awards Bad Faith Damages Against Insurance Company Who Refused to Pay

Defendant’s Motion to Switch Courts is Approved in Negligence Suit Against Hospital

Court of Appeals allows Plaintiffs to Continue Suit in Product Defect Matter

DePuy Had Time to Recall Device, Chose to Not Notify Public

Teen from Cut Off Dies in Car Accident Where Driver Was Unlicensed

Artificial Hip Recall Shows Dangers of a Broken Medical Implant System

Hannie v. Guidry Spells Out Standards for DeNovo Appeal

Court Rules that Survival Suits Exists Against Insurance Company of a Dissolved Corporation

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