Recently we explored the Third Circuit Court of Appeal’s discussion of the legal cause of a tragic natural gas explosion at the Jones residence in Opelousas Parish. Another of Centerpoint’s assignments of error on appeal, the last that we’ll review from the case, was that the jury incorrectly apportioned fault; the jury assigned 50 percent
Being able to be involved in the design and building of a new home can be an exciting experience. But there is nothing more special than seeing the home’s construction completed and fully furnished. After all of this, there can be nothing more upsetting than the discovery that the new home has building defects. Imagine
In our prior post, we observed the Third Circuit Court of Appeal’s finding that the jury correctly held that Centerpoint Energy failed to meet its duty of properly securing the natural gas line and valve when it disconnected service at the Jones residence in Opelousas Parish. Establishing the duty owed by Centerpoint was one of
On May 7, 2003, Centerpoint Energy disconnected the natural gas service at the house of Carl Jones, Sr. and his family because they were past due on an outstanding balance. A short time later, Jones and his son removed the gas stove from the kitchen and replaced it with an electric model. Unfortunately, Jones forgot
Plaintiffs have the right judicially, to assert a legal action against a defendant that consists of operative facts giving rise to the plaintiff’s complaint. The issue for the court may become whether the plaintiff does in fact, have a cause of action. If the law does not support the facts alleged, the defendant may have
Louisiana law requires that the driver of a motor vehicle maintain a safe distance from other cars and that the driver “not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.” A driver who rear-ends
Car accidents are a common occurrence and when a car accident is caused by another party, you want to receive the appropriate relief for doctor’s bils, aches, pains and other accruing expenses. Just because an individual has received damages owed to him from one car accident should by no means preclude him from getting the
When a product fails—especially a high-powered tool or firearm—the results can be catastrophic. Under the Louisiana Products Liability Act (LPLA), manufacturers are held to a high standard of safety. But what happens when a product is altered before it causes an injury? A seminal Fifth Circuit case involving a rifle explosion in Louisiana provides a
As we have discussed previously on our blogs, Louisiana courts apply “ordinary contract principles” when interpreting insurance policies. “Words and phrases used in an insurance policy are to be construed using their plain, ordinary and generally prevailing meaning.” Cadwallader v. Allstate Ins. Co. The U.S. Court of Appeals for the Fifth Circuit, applying Louisiana law,
Hospitals, their staff, and doctors must treat patients in accordance with an established “standard of care.” A standard of care is generally the amount of care a reasonable person would exercise in a particular situation. For doctors and nurses this means that they must act in a manner similar to a reasonable person with similar
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Recently we explored the Third Circuit Court of Appeal’s discussion of the legal cause of a tragic natural gas explosion at the Jones residence in Opelousas Parish. Another of Centerpoint’s assignments of error on appeal, the last that we’ll review from the case, was that the jury incorrectly apportioned fault; the jury assigned 50 percent
Being able to be involved in the design and building of a new home can be an exciting experience. But there is nothing more special than seeing the home’s construction completed and fully furnished. After all of this, there can be nothing more upsetting than the discovery that the new home has building defects. Imagine
In our prior post, we observed the Third Circuit Court of Appeal’s finding that the jury correctly held that Centerpoint Energy failed to meet its duty of properly securing the natural gas line and valve when it disconnected service at the Jones residence in Opelousas Parish. Establishing the duty owed by Centerpoint was one of
On May 7, 2003, Centerpoint Energy disconnected the natural gas service at the house of Carl Jones, Sr. and his family because they were past due on an outstanding balance. A short time later, Jones and his son removed the gas stove from the kitchen and replaced it with an electric model. Unfortunately, Jones forgot
Plaintiffs have the right judicially, to assert a legal action against a defendant that consists of operative facts giving rise to the plaintiff’s complaint. The issue for the court may become whether the plaintiff does in fact, have a cause of action. If the law does not support the facts alleged, the defendant may have
Louisiana law requires that the driver of a motor vehicle maintain a safe distance from other cars and that the driver “not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.” A driver who rear-ends
Car accidents are a common occurrence and when a car accident is caused by another party, you want to receive the appropriate relief for doctor’s bils, aches, pains and other accruing expenses. Just because an individual has received damages owed to him from one car accident should by no means preclude him from getting the
When a product fails—especially a high-powered tool or firearm—the results can be catastrophic. Under the Louisiana Products Liability Act (LPLA), manufacturers are held to a high standard of safety. But what happens when a product is altered before it causes an injury? A seminal Fifth Circuit case involving a rifle explosion in Louisiana provides a
As we have discussed previously on our blogs, Louisiana courts apply “ordinary contract principles” when interpreting insurance policies. “Words and phrases used in an insurance policy are to be construed using their plain, ordinary and generally prevailing meaning.” Cadwallader v. Allstate Ins. Co. The U.S. Court of Appeals for the Fifth Circuit, applying Louisiana law,
Hospitals, their staff, and doctors must treat patients in accordance with an established “standard of care.” A standard of care is generally the amount of care a reasonable person would exercise in a particular situation. For doctors and nurses this means that they must act in a manner similar to a reasonable person with similar