In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward…
Articles Posted in Pain And Suffering Claims
Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit
In a recent decision, the Louisiana Court of Appeal, Fourth Circuit, overturned a trial court ruling in a medical malpractice case involving the death of Nicole Phillips. The case, Jamal Wright et al. v. The State of Louisiana, O/B/ of Jamie Alleyn, M.D., et al., highlights the critical importance of…
No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case
In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained…
Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case
In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident…
Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case
In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises. Ms. Watts initially…
Understanding the Finality of Workers’ Compensation Settlements
Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the…
Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard
In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of…
“Wet Floor” Signs Prevail: Louisiana Court Reverses Slip and Fall Judgment, Highlighting the Importance of Adequate Warnings
In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how…
Louisiana Court Reverses Dismissal of Workers’ Compensation Claim: Understanding the Importance of Continuing Jurisdiction
A recent Louisiana Court of Appeal for the Third Circuit decision underscores the importance of the “continuing jurisdiction” principle in workers’ compensation cases. In this recent opinion, the court overturned a Workers’ Compensation Judge’s (WCJ) decision to dismiss a previously adjudicated claim, highlighting the specific procedures and legal framework that…
When Does Police Immunity Apply in Louisiana?
In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The…