Happy Holidays to all of our Friends
Happy Holidays from the Berniard Law Firm! We will resume blog posting on Tuesday.
April 8, 2012
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Slip and Fall
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Negligence Liability in Case Against City in Louisiana Slip and Fall (Part II)
As previously discussed, the Daigle v. City of Shreveport case regards an instance where a woman slips and falls on a freshly painted city sidewalk, that had no markings to indicate it was freshly painted, and she sues the city for negligence damages. When an individual is injured as a result of an unreasonably dangerous
January 13, 2012
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Louisiana Slip and Fall (Part I) – Procedure and Attorney Sanctions
The Daigle v. City of Shreveport case regards an instance where a woman slips and falls on a freshly painted city sidewalk, that had no markings to indicate it was freshly painted, and she sues the city for negligence damages. A second point of the case, and the first to be discussed, is the sanctioning
January 11, 2012
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Alexandria Man’s Gastrointestinal Injuries Not Presumed To Have Developed From Defendant’s Negligence
When an individual files a claim for negligence several factors must be proven to succeed against a defendant. These factors state that, in order for negligence to exist, a defendant must owe the plaintiff a duty, breach that duty, be the actual cause of that breach, be the proximate cause of that breach, and the
December 19, 2011
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Plaintiff Learns Painful Lesson About Treating Injuries Without Delay
Early in the morning of August 25, 2006, Angela Brignac visited a McDonald’s in Baton Rouge. While she was stopped at the drive-thru’s menu board, her car was struck from the rear by a truck operated by Brian Mumphrey. The collision occurred because Mumphrey’s foot slipped off the brake pedal when he bent down to
December 9, 2011
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Trial Necessary to Determine Jones Act Applicability (Part 2)
Not all employees furthering a vessel’s mission are seamen. They can provide short-term or even land-based support. If so, they aren’t seamen under the federal Jones Act. Whether Kerry Becnel was a seaman when he was injured was the issue considered in Becnel v. Chet Morrison, Inc., No. 2010-CA-1411 (La. Ct. App. 4 Cir. 8/31/11).
December 1, 2011
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Court Determines if Injured Temp Qualifies Under Jones Act
Kerry Becnel was injured while working on a barge, but his relationship with the vessel is not clear cut, making it difficult to determine whether he was a seaman under the federal Jones Act. In Becnel v. Chet Morrison, Inc., No. 2010-CA-1411 (La. Ct. App. 4 Cir. 8/31/11), the Louisiana Fourth Circuit Court of Appeal
November 29, 2011
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Louisiana Fourth Circuit Court of Appeal Punishes For Duplicitous Suits
As part of our Constitutional right to due process, an individual is allowed to bring grievances before a court. However, certain judicial policies may be enacted to deny plaintiffs from bringing suits that have already been litigated, are being brought with the intent to harass, or are frivolous. The purpose behind such policies is to
November 21, 2011
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Baton Rouge Plaintiff Loses Defamation Claim Due to Prescription
The following case highlights the importance of waiting no time in bringing a cause of action that is available. In 2008, Debra Goulas worked as a bookkeeper for Sunbelt Air Conditioning Supply in Baton Rouge. Jessie Touchet, owner of Sunbelt, and Diane Jones, Goulas’s manager, accused her of stealing over $500 from the company during
November 15, 2011
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Failure to Properly Serve a Personal Injury Lawsuit Does Not Require Dismissal, Louisiana First Circuit Court Rules
In a recent Louisiana First Circuit Court of Appeals ruling, a plaintiff successfully appealed an earlier dismissal of his case for failure to properly serve all of the correct parties. After Hurricane Gustav, Mr, Preston was working on the Southern University campus removing debris, including trimming tree branches, when he slipped and fell into a
November 5, 2011
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.