Jeanine Pryor of Lake Charles was injured when she fell exiting bleachers at a football came and filed a claim for damages due to injuries she sustained. Her claim was denied at the trial court level and in a recent decision, the Louisiana Third Circuit Court of Appeals reversed the…
Articles Posted in Pain And Suffering Claims
A No-Show in Court Does Not Mean Default Judgment Success
When Robert Williams, Jr. and Tyson Smith got into an altercation that resulted in a broken jaw for Williams, the Williams family brought a lawsuit against both Tyson Smith and the Northeast Louisiana Marine Institute, Inc. (NLMI). NLMI is an alternative school in Tallulah, LA. The event occurred one January…
Tragedy Reminds Louisiana Residents of Dangers With Semi Trucks
On May 7, 2010, the Donaldsonville community was saddened when 20 year-old Ryan Johnson was killed in a car accident when his car flipped after he collided with a semi-truck on LA 70. While this loss is tragic, it is also a reminder that accidents involving semi trucks should be…
Court of Appeals Examines the Scope of Employment Requirement for Vicarious Liability
In a recent Louisiana Court of Appeals decision, Janika Johnson appealed a verdict in favor of Gilley Enterprises, owner of a Monroe McDonalds. Johnson, as a customer at the McDonald’s in 2006, was involved in an altercation with an employee. There was a history of ill feeling between Johnson and…
Legal Responsibility for Accidents/Harm in Orleans Parish Nursing Homes
Admitting your elderly mother into a nursing home is supposed to relieve stress and lift a burden from your shoulders. You believe she is going to receive the proper care she needs that you are unable to provide. Unfortunately, for Edward Lewis, tragedy happened after he made this tough decision.…
Intoxicated Tailsheek Man Gets Ten Years for Injuring Woman in Traffic Accident
According to a recent article in New Orleans’ Times Picayune, Kenneth Allain of Tailsheek pled guilty last month to charges that he permanently injured a 75 year old woman by ramming his car into her while under the influence of prescription drugs. The accident occurred on Louisiana 41 about three…
Prescription Rules in an Asbestos Case
As the last couple posts have described, some aspects of asbestos cases do not fit within the traditional mold of other personal injury cases. Because these cases continue to be treated as personal injury matters, some of the rules must be relaxed or modified. The Louisiana Supreme Court dealt with…
Previous Injury and the Eggshell Plaintiff Rule
Accidents happen and when they do people wonder just how much can be considered when calculating damages. Many wonder “what happens when someone who is already injured is in an accident?” What’s more, if someone already had a bad knee, for example, can the defendant be held responsible for further…
Contract Indemnity Provision Voided Under Louisiana Oilfield Anti-Indemnity Act: Legislative Intent Irrelevant When a Statute is Clear
Samuel Silverman Jr. was injured while working for BJ Services Company, a contractor for Bass Enterprises Production Company, hired to provide services on an oil well in Cado Parish. The injury was to Silverman’s knee and occurred because a hoist operator employed by another contractor at the site, Mike Rogers’…
Medical Malpractice Claims Must Be Handled With Care
Almost every person who is admitted at a hospital has had to deal with a nurse at some point. Nurses, like doctors, are responsible for providing medical care to patients and can be subject to liability if they deliver treatment that falls below the standard set forth by the law…