Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of thorough fact-finding and the potential need for expert testimony in such cases. The case, Diana Deruise-Pierce v. University Healthcare System, L.C., et al., underscores the necessity of thorough fact-finding and

September 17, 2024 No Comments

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.

September 15, 2024 No Comments

Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and

September 13, 2024 No Comments

Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule

A recent ruling by the Louisiana Court of Appeal has shed light on the complexities of prescription (the state’s equivalent of a statute of limitations) and the concept of joint tortfeasors in wrongful death cases. The case, Crocker v. Baton Rouge General Medical Center, involved a tragic incident where a mentally impaired man, Jerry Sheppard,

September 12, 2024 No Comments

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable. Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related

September 9, 2024 No Comments

Procedural Hurdle Stalls Hotel Guest Lawsuit Appeal in Louisiana

In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment. In 2014, a group of hotel guests filed a lawsuit

September 8, 2024 No Comments

Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts?

In the realm of workers’ compensation, the interplay between physical injuries and mental health can be complex. A recent Louisiana Court of Appeal decision highlights the challenges faced by workers seeking compensation for mental health conditions arising from workplace injuries. The case involved a police officer who developed psychological issues after a back injury, and

September 6, 2024 No Comments

Slipping in Stores: When Does the Store’s Responsibility Kick In?

We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent Louisiana Court of Appeal case of Barton v. Walmart highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2016, Douglas Barton was

September 5, 2024 No Comments

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of

September 4, 2024 No Comments

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While

August 31, 2024 No Comments

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Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages

Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule

Work-Related Knee Injury Leads to Multiple Compensable Injuries: Louisiana Court’s Ruling

Procedural Hurdle Stalls Hotel Guest Lawsuit Appeal in Louisiana

Work Injury and Mental Health: When Does Workers’ Comp Cover Psychological Impacts?

Slipping in Stores: When Does the Store’s Responsibility Kick In?

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

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