Louisiana Personal Injury Lawyer Blog
While participating in physical therapy sessions, most people would probably expect to be monitored by a therapist for the length of the session to ensure that things run smoothly. Unfortunately for one woman, Mrs. Laura Joinder, her physical therapist had other plans. As a result, Mrs. Joinder sued the defendant in Ouachita Parish for injuries she suffered while in their care.
In December of 2011, Mrs. Joinder had neck surgery and her surgeon referred her to receive physical therapy from Dr. Jesse Weid’s office. The attendant adjusted the exercise bike for the first and second visits but failed to do so on the third or fourth visit. The attendant also was not present in the room with Mrs. Joiner during the remaining visits. Consequently, she fell while getting off the bike and injured her left knee. The accident required her to undergo surgery, which was unsuccessful due to further complications.
In an affidavit filed in December of 2013, Mrs. Joiner documented that she twisted and slightly torqued her left knee while getting off the exercise bike and that this caused severe pain along with discomfort. Prior to that, in January of 2013, the defendants responded through interrogatories and said that Mrs. Joiner’s knee issues were from a preexisting condition that was not stated in the cause of action. The Defendants filed a motion to dismiss or stay a motion for summary judgment, along with a memo and attached exhibits.
If your contractor tells you a job will take a day, you might expect it to actually take a week. But, do you have to pay your contractor for time they are unable to work? Depending on the contract agreement you signed you may be liable for the costs the contractor has even when work is not going according to plan. This may be particularly true if you fail to uphold some part of the bargain. Whenever you enter a contract or feel that a contract may have been breached, it is important that you fully understand your contract. A case out of Baton Rouge in 2001 gives some insight into the necessary proof when trying to recover for contract losses. 
If you are injured in an accident, it is important to be prepared before you testify at your deposition. Otherwise, you may find yourself making statements that opposing counsel can use against you. This is the painful lesson Dwan Jones learned in 2015, when a Louisiana Court of Appeals affirmed a trial court’s dismissal of her case before it even went to trial. Dwan was injured in an automobile accident while riding in the passenger seat of an ambulance that was transporting a patient to the hospital. Based on Jones’ own testimony during a deposition, the Court of Appeals affirmed that Jones had made statements that negated the presence of any genuine dispute of material fact. Had Jones’ answered the questions differently her case may have at least gone to trial, which would have allowed a jury to determine whether her injuries were caused by the ambulance driver’s actions.
If you fail to make payments on a mortgage you may lose your home, but you may also be held liable for any remaining debt after your home has been sold. If the sale of your house does not pay off the balance of what you owe, the institution owning the mortgage may come after you for a deficiency judgment. A deficiency is essentially the balance remaining on the loan after the sale of the property. For example, if a homeowner with a $100,000 mortgage defaults and the bank sells their home for $75,000, there would be a $25,000 deficiency. The owner of the debt may be able to come after a person for the deficiency.
Court procedures can be confusing for many people. Cases can be even more confusing when they involve medical malpractice claims. One Louisiana case arising from injuries suffered by the plaintiff from treatment he received in March and April of 2009 reached the summary judgment stage. The complaint was originally filed with the Commissioner of Administration in accordance with the Louisiana Medical Malpractice Act. 
Once a court rules on a motion or a jury verdict is delivered, the losing party faces an uphill battle in getting a reversal.
Employment discrimination can be damaging for both parties involved. It generally involves employee mistreatment, or a perception of such, that causes harm to the plaintiff. The employee must show that the employer treated him or her differently because of a federally protected reason, such as age, race, religion, or disability. Conversely, if the “at will” employee cannot prove he or she was fired for one of these reasons, there is no cause of action. Employment discrimination can be pursued in state court or federal court. However, when one court dismisses the action, a plaintiff cannot bring the same claim to another court. This idea is known as res judicata or claim preclusion, meaning “a matter already judged.” Having a good lawyer who knows the local and federal rules of civil procedure could save a plaintiff the time and money that comes with having their claims barred.
In the event of an on the job injury, you must prove that the injury was both caused by an accident during the course of the employment. 
Contractual relationships and the relative obligations and rights that come with them can be difficult to decipher. There are so many clauses, provisions, and sections buried in these agreements that understanding the importance of certain matters can get lost in translation. In order to truly comprehend the exact obligations and rights that an individual or corporation has under an agreement, it is important to have the best attorneys drafting and reviewing the agreement. After all, these clauses are what govern the course of the parties’ professional relationship.