Louisiana Personal Injury Lawyer Blog
Imagine getting hurt on the job, seeking help from a good attorney, following all the court’s requirements, and still having all your claims denied because your opponent did not appear for a deposition. For Raymond Schultz (“Schultz”), an employee of Blanchard Contractors, this scenario became his reality after the District Court in Orleans Parish dismissed all his claims and denied his motion for a new trial.
Back in 2012, Schultz was injured in a work-related accident after he inadvertently touched an unmarked pressurized lever that spewed rust and slag, striking him in the stomach and knocking him into some nearby water from which he was later rescued. As a result, Schultz filed a negligence lawsuit against Cox Operating, L.L.C. (“Cox”) and Terry Vincent (“Vincent”) (collectively “Defendants”), alleging that each of the Defendants mentioned above fault caused his injuries.
Defendants countered Schultz’s claims using a legal argument. They argued that since Schultz was Cox’s statutory employee, this made him Vincent’s statutory co-employee, and Schultz’s sole remedy falls under the Louisiana Workers’ Compensation Act. Defendants argued this legal argument would cause his negligence claims to be effectively barred from the lawsuit. After the District Court heard motions on each side of these arguments, it allowed Schultz six months to conduct discovery to build his case for trial.
Sickness often begets a doctor’s visit, and sometimes severe illness calls for a trip to the emergency room. So when parents, David Pitts, Jr. and Kenyetta Gurley, arrived at Hood Memorial Hospital in Amite City, Louisiana, with their daughter, Lyric, it’s likely neither expected to leave there without their daughter’s health restored.
Timing is always important; however, in legal matters, it determines whether you can even bring a lawsuit to the courts. In most states, the time frame to bring lawsuits is called the statute of limitations, and in Louisiana, it is called prescription. Generally, you have one year to file a lawsuit. However, that time period can change depending on several factors. The intricacies of prescription recently resulted in dismissing a case out of the Florida Parishes. 
Imagine you were just in an accident, and you pulled over on the shoulder of the interstate highway. Traffic is roaring in your ears, the wind is whipping past your face, and you can feel the congested car flows as your tires buzz. Luckily, you are not injured. As you are waiting for the police to arrive, another collision happens right beside you two. Brakes are being slammed, and horns are being blown, but the chain reaction is just unstoppable. A third car darts into the road shoulder, toppling the vehicle behind you and slamming it in your direction. You are hit again.
Decretal language, what on earth is it, and why is it so important? The Louisiana Third Circuit Court of Appeal recently dismissed an appeal because the trial court’s judgment lacked proper decretal language. So what are these “magic words”? Why are they indispensable for a final judgment to be given legal effect?
It is a sadly familiar scenario: a family suffers a loss and soon after devolves to fighting over the will. The family may never imagine turning against one another, yet it happens over and over. The Youngblood family from Caddo Parish recently found themselves in such a fight. 
Imagine an injury on a ladder, lawnmower, boat, or other manufactured product. The product might appear defective; however, is defectiveness sufficient to win a lawsuit against the manufacturer? Under Louisiana law, to prevail in a lawsuit alleging medical injuries from a defective product, a plaintiff must provide adequate medical evidence to support that the injuries likely resulted from the defective product. This is referred to as “medical causation.” Without establishing medical causation, you may not be able to recover for your injuries. 
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the dismissal of a lawsuit. This is the situation in which the Lemieux family found themselves following their loved one’s death. 
What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted. However, the situation became more complicated because the property owners were deceased. 
One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by the case below.