A New Orleans area family will be allowed to pursue the West Jefferson Medical Center for malpractice after a patient fell and suffered serious injuries while under the hospital’s care. The Louisiana Court of Appeal concluded that the family’s compelling evidence, along with the inconsistencies in the hospital’s proof, were…
A man facing conviction on his fifth drunk driving charge could not be required to serve the entire 20-year jail sentence without the possibility of parole, probation, or suspension of his sentence. The trial court’s sentence was improper, according to a recent Louisiana Court of Appeal ruling, because the statute…
A recent tragedy has occurred that could have been easily prevented. A crash on the Belle Chasse Bridge caused one man to be seriously injured and another to be killed. On the morning of the crash the conditions were cold and rainy causing the roads to be dangerous. A 2007…
When you are injured in an auto accident, dealing with insurance companies is often challenging, especially in cases with more complex issues, since the insurers may seek any basis for denying coverage and refusing you the compensation you deserve. In one recent case, the Louisiana Supreme Court decided that a motorcyclist…
One of the particularly noteworthy decisions from last year provides clarification and sets limitations regarding how district attorneys and sheriffs can collect payments for investigation and prosecution costs from persons convicted of DUI. The Louisiana Court of Appeal resolved the appeal of one man who had challenged the assessment of…
Louisiana Civil Code article 2320 is the foundation for the theory of respondeat superior, which in Latin means ‘Let the Master Answer.’ It states, “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” Therefore,…
A nursing home’s negligent handling of a patient’s feeding needs contributed to the man’s death and also led a jury to issue a monetary award to the family of the deceased patient. The family’s recovery was not as large as it might have been, however. The Louisiana Court of Appeals…
Personal injury cases involve lots of evidence and lots of witnesses. Managing all of this can be very challenging, but an injury victim is still responsible for meeting his or her deadlines. However, as a recent Louisiana Court of Appeal ruling highlights, the victim is not responsible for forces outside…
Normally when a person thinks of an emergency vehicle, such as a fire truck, ambulance, or police car, he or she thinks of the different ways in which these emergency personal can help people in the time of a crises. However, these emergency vehicles do cause crashes and at a…
DWI/DUI arrests can be damaging for anyone, but especially so for a commercial driver. One man, who was arrested on suspicion of DUI but was never convicted of any crime, nevertheless lost his commercial driving privileges for a year. The Louisiana Court of Appeal ruled that the statute that pertains to…