Louisiana Personal Injury Lawyer Blog
Driving is a dangerous and daily task for many people and becomes even riskier when roads aren’t conducive to safety. Adding modern distractions like cell phones and a splash of alcohol to the equation creates the perfect storm for a terrible collision. An incident in Lafayette, Louisiana demonstrates how the culmination of these factors can create difficulties when a court is trying to determine liability and damages.
Taylor Burtner (Mr. Burtner) sustained a complex tibia and fibula fracture of his right leg when he was injured in a car accident with Lafayette City Police Officer Michael Milazzo (Officer Milazzo). As a result of the accident, Mr. Burtner underwent three separate surgeries which cost over $67,000.
Mr. Burtner was turning onto West Pinhook Road at its intersection with Jomela Drive when a speeding Officer Milazzo struck his vehicle. At trial, it was determined that Mr. Burtner had been drinking earlier in the night, but, although his exact blood alcohol concentration was at dispute, it was not disputed that he was under the legal limit at the time of the crash. Mr. Burtner was turning left onto West Pinhook after stopping at the stop sign on Jomela Drive, but this intersection contains a curve right before Jomela Drive for drivers on West Pinhook. Officer Milazzo was driving on this curve, speeding at a contested level between 10 and 15 miles over the speed limit. In addition to this bad combination, additional factors impaired the motor skills of both drivers. The trial jury found that Mr. Burtner was distracted by a passenger texting at the time he was turning and Officer Milazzo’s vision was obstructed by trees along the curve of West Pinhook. With everything taken into account, the jury found Mr. Butner to be 90 percent at fault in the wreck and Officer Milazzo to be 10 percent at fault. In addition, the jury awarded Mr. Butner $67,072.12 in medical damages and $40,000 in general damages.
Expropriation is the act of the government taking privately owned property and using it for the benefit of the public. Generally, most expropriation cases deal with the construction of public roadways and highways. Where the land is expropriated, the private landowner is generally compensated. In one particular matter involving the expropriation of land to build a highway, valuing the trees on the land became more troublesome than anticipated.
When asserting a cause of action or maintaining certain legal defenses in court, parties bear the burden of proving their case. This is done by presenting evidence to the court such as documents and witness testimony. Often, certain issues will require the court to make findings of fact which require scientific expertise or specialized knowledge. Expert witnesses assist the trial court in understanding complex issues of fact that could be determinative to the outcome of a case. A recent decision discusses how a court qualifies experts and utilizes their testimony.
After a workplace injury, navigating the benefits provided by workers’ compensation can be a complicated process. Workers’ compensation judges’ decisions are rarely overturned when their rulings are largely fact-based. A recent lawsuit out of Ouachita Parish demonstrates the importance of finding a good lawyer who can ensure that you secure all entitled benefits and can navigate through the legal system when issues arise. 
Witnesses often play a critical role in the outcome of a lawsuit, which is why opposing parties often try to discredit witnesses that may be harmful to their argument. In a recent case where a plaintiff attempted to discredit a witness for the defense, the opinion of the judge who actually heard the witness testimony reigned supreme. 
When purchasing property, buyers should be aware of rights reserved by others in the deed. Certain reservations of rights made by an original owner can continue to haunt a parcel of property through successive conveyances and multiple owners. In Louisiana, the language in a deed can create a personal servitude, a charge or burden on a piece of property for the benefit of another person. Personal servitudes are not automatically extinguished at death and may be inheritable by descendants of the beneficiary. For example, a seller may reserve hunting rights for his or her family on the newly purchased property for generations. Needless to say, disputes often arise regarding the breadth and depth of such reservations. When interpreted by a court, the intent of the original parties in negotiating the reservation is key, as shown by a recent decision of the Louisiana Third Circuit Court of Appeal.
Failing to name all potentially liable parties in a lawsuit in a timely manner could result in the loss of the right to add those parties to the lawsuit at all. A case out of Avoyelles Parish, Louisiana illustrates the importance of finding a good lawyer after an automobile accident to ensure that all potentially liable parties are named before it is too late. 
If you have been injured in a work accident, it’s important to know that limitations and restrictions are often placed on your rights under workers’ compensation packages. Speaking to a good lawyer before undergoing any non-emergency treatment is crucial to ensuring that you will be reimbursed for your expenses. A case arising out of Lafayette, Louisiana illustrates the importance of this point.
If you are involved in a motor vehicle accident while making a left turn, you are presumed to be negligent because of the dangerous nature of the turn. You will have to overcome this presumption of negligence even if you think the accident is not your fault. See Baker v. State Farm Mut. Auto. Ins. Co., 162 So.3d 405 (La. Ct. App. 2015).