http://www.louisianapersonalinjurylawyerblog.com/ Published By Berniard Law Firm, L.L.C. en-us 2012-01-25T07:13:15-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/law_of_the_case_doctrine_part.html 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... Litigation The Berniard Law Firm 2012-01-25T07:13:15-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/exploring_the_law_of_the_case.html Under the Louisiana Code of Civil Procedure, judgments are either interlocutory or final. A judgment that "determines the merits [of an issue] in whole or in part" is a final judgment, while a judgment that determines "only preliminary matters" is... Litigation The Berniard Law Firm 2012-01-23T07:21:16-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/the_plaintiffs_burden_in_provi.html 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... Strict Liability The Berniard Law Firm 2012-01-21T06:19:59-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/third_circuit_rejects_trial_co.html 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... Negligence The Berniard Law Firm 2012-01-19T07:59:12-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/third_circuit_reverses_trial_c.html In a medical malpractice lawsuit, the plaintiff faces a three-part evidentiary burden. First, she must present evidence to establish the applicable standard of care. Next, she must show that a breach of that standard of care occurred. Finally, she must... Medical Malpractice The Berniard Law Firm 2012-01-17T08:45:42-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/medical_malpractice_sued_dismi.html The Louisiana Court of Appeals rejected an appeal filed by Brenna Davis regarding her medical malpractice claim against the Women and Children’s Hospital Lake Charles and her doctor, Dr. Richard Shimer. Davis underwent a weight loss procedure known as a... Competent Lawyer The Berniard Law Firm 2012-01-15T08:57:39-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/louisiana_slip_and_fall_part_i_1.html 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... Expert Testimony The Berniard Law Firm 2012-01-13T06:39:11-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/louisiana_slip_and_fall_part_i.html 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.... Trip & Fall Injuries The Berniard Law Firm 2012-01-11T08:36:05-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/real_estate_agent_not_liable_f.html Paul and Anna Moreau thought they were buying a house with a 10-year-old roof. After they moved in, they learned that the roofing tiles were so old that they were no longer made. Their claim against the real estate agent,... Real Estate The Berniard Law Firm 2012-01-09T10:04:51-06:00 http://www.louisianapersonalinjurylawyerblog.com/2012/01/dishonest_attorney_helps_illus.html Paul Breaux, an employee injured on the job, hired an attorney to represent him in a personal injury suit against his employer, Jade Marine. Unbeknownst to Breaux, the company settled the matter out of court. A check in the amount... Competent Lawyer The Berniard Law Firm 2012-01-07T07:52:14-06:00