A power failure at Chalmette Refining LLC has led to a thin layer of white powder descending upon Southeast Louisiana, raising concerns about the toxicity and potential harm that could emerge from exposure. Citing a power failure for the reason that up to one ton of catalyst were released into…
Articles Posted in Negligence
Calcasieu Parish Medical Malpractice Case Shows Complexities of Delays, Negligence
In November of 2005, Shane Kerry checked into the ER at West Calcasieu Cameron Hospital in Sulphur, Louisiana after fracturing the heel bone in his right foot. Kerry was examined by Dr. Charles Pearson, who discharged him later in the day with instructions to report for a follow-up at the…
Delay and Lessening of Charges in Criminal Trial Shows Complexities in litigation
In the town of Duson, a mother of a child slain in a car accident is frustrated and discouraged by the legal system after years of delay in the prosecution of the responsible driver. What’s more, there now remains the possibility that charges may be lessened against the man charged…
Narcotics Suspected in Leesville Crash: Legal Implications of Impaired Driving
John C. Elliott, 26, of Zavalla, Texas was driving a 1999 GMC pickup east on LA.8 and he lost control while passing another vehicle in a curve. He collided with several trees before the truck stopped on La. 8 facing the other direction. Elliot was injured seriously and taken to…
Addis Woman’s Medical Malpractice Claim Against LSU Doctor Dismissed
In November 2000, Debra Anne Addis of Addis, Louisiana filed a request for review with the Louisiana Patient’s Compensation Fund alleging that Mary Eschette M.D. of LSU Medical Center acted negligently in changing her prescription medications and violated the appropriate standard care in failing to properly diagnose a problem with…
Understanding the Law: Bystander Recovery After Tragedy Strikes
In certain situations, a person that witnessed another get physically injured has a legal claim against the person that caused the physical injury—even when the witness suffered only mental anguish, without any direct physical injury. The rule allowing this recovery is known as the bystander recovery rule. Louisiana’s bystander recovery…
Falling Drywall Case Demonstrates the Concept of Res Ipsa Loquitur in Tort Actions
In a tort case based on negligence, a plaintiff must be able to show that the defendant owed a duty to the plaintiff and that the defendant breached that duty, resulting in harm to the plaintiff. In some circumstances, though, it can be difficult for a plaintiff to obtain clear…
Questions on Strict Liability and Negligence Answered Stemming From West Feliciana Explosion
In 1984, a natural gas pipeline exploded in the parish of West Feliciana resulting in death and destruction to people and property. The pipeline was owned and operated by Texas Eastern and Clarkco was performing work on the pipeline. The pipeline was on Mrs. Winters’ property and Clarkco sued Mrs.…
Hit-and-run Incident Illustrates Civil and Criminal Trial Issues
Fleeing the scene of an escalating argument, a driver injured two persons when he ran over them with his car. The incident happened in Minden on February 7, as reported by Jana Ryan. Local authorities believed the victims were merely bystanders and were not part of the argument. After brandishing…
Looking Back at Toyota Recall: Product Liability Explained
Policy makers have expressed doubt multiple times this year about whether enough is being done to protect the millions of drivers on the road. The recent Toyota recall of a multitude of cars with defective parts is a clear illustration of product liability and the measures to which a manufacturer…