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stairs_away_gradually_rise-scaledThis case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them.

Case Background

Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in the staircase caused his injuries. The City filed a motion for summary judgment, which the Koubas opposed. However, they missed the deadline to file their opposition and requested a continuance (postponement) of the hearing. The trial court denied their request and granted summary judgment in favor of the City.

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medical_instruments_examination_424729-scaledThe following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it.

Case Background

Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel had previously reviewed the case and found no breach of the standard of care by Dr. Jameel. Despite this, Claire proceeded with her lawsuit. The trial court granted summary judgment in favor of Dr. Jameel, and Claire appealed.

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crop_rows_agriculture_field-scaledThe following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land.

Case Background

Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed that the construction activities damaged their crops and required costly remediation efforts. The trial court ruled in favor of Lanie Farms, awarding them $38,000 in damages. However, Lanie Farms appealed, arguing the award was insufficient. CLECO and Highlines also appealed, claiming the court should have dismissed the case.

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rots_rotten_wood_wood-scaledThe following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury.

Case Summary

Melanie Mark was injured when a wooden step on a cabin staircase collapsed at a KOA campground in Lafayette, Louisiana. She sued KOA, claiming they were negligent in maintaining the property. However, the trial court granted summary judgment in favor of KOA, finding that Ms. Mark failed to prove KOA had any knowledge of the defect in the stairs. Ms. Mark appealed this decision.

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pexels-binyaminmellish-106399-scaledA tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

The Accident:

Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

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pexels-karolina-grabowska-4021775-scaledFiling a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case, In re: Medical Malpractice Review Panel Proceedings of Tiffany Anderson, grappled with this question, highlighting the importance of understanding the nuances of the law and the potential consequences of missed deadlines.

Tiffany Anderson’s Case:

Tiffany Anderson filed a request for a medical review panel with the PCF Board alleging medical malpractice. She mailed the required filing fee within the 45-day deadline, but the payment was not received by the PCF Board until after the deadline. The PCF Board declared her claim invalid, and the district court upheld this decision. Anderson appealed.

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pexels-shkrabaanthony-5816283-scaledCar insurance policies can be riddled with complex terms and conditions, often leading to misunderstandings between policyholders and insurers. The case of Mandi and Abigail Ardda v. Danielle T. Peters, et al. brings this issue to the forefront, highlighting the challenges of navigating insurance exclusions and the importance of clear communication.

The Accident and the Insurance Claim:

Abigail Ardda was involved in a car accident while driving a car she co-owned with her husband, Mandi. They filed a claim with their insurer, GoAuto Insurance Company, but were shocked to discover Abigail was listed as an excluded driver, despite their belief that she was covered.

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pexels-kindelmedia-7688374-1-scaledIn the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a claim to its insured, to step into the insured’s shoes and seek reimbursement from the party responsible for the loss. But what happens when the insured settles their claim directly with the at-fault party? Does the insurer lose its right to subrogation? A recent Louisiana Court of Appeals case, Louisiana Farm Bureau Casualty Insurance Company v. David Scott Burkett, et al., sheds light on this issue.

The Accident and the Claim:

The case stemmed from a car accident where Katherine Burkett, insured by Shelter Mutual Insurance Company, collided with Jessica Hall, insured by Louisiana Farm Bureau Casualty Insurance Company. Farm Bureau paid Hall $5,000 for medical expenses under her policy and became subrogated to her claim for that amount.

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pexels-quang-nguyen-vinh-222549-2172499-scaledA picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is the story of Cedar Lodge Plantation’s battle against Fairway View Apartments in Baton Rouge, Louisiana, a legal fight that highlights the complexities of environmental disputes and property damage claims.

The Contamination Crisis:

In 2012, Cedar Lodge discovered their pond had been contaminated with sewage, evidenced by high levels of fecal coliform bacteria. The source was traced back to the adjacent Fairway View Apartments. Cedar Lodge’s plans to develop their property into a residential and commercial community were shattered, leading them to sue the apartment owners and their sewage treatment contractor.

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pexels-lastly-590178-scaledIn the depths of the Gulf of Mexico, a seemingly minor incident set off a chain of legal events that reverberated through the maritime industry. An underwater sonar device, or towfish, collided with the mooring line of a Shell Offshore drilling rig, causing significant damage. The resulting legal battle involved Shell, the company operating the sonar device (Tesla Offshore), and the vessel’s owner (International Offshore Services). This blog post explores the key issues of the case, the court’s rulings, and the implications for maritime operations.

The Incident:

Tesla Offshore was conducting an archaeological survey of the ocean floor using a towfish pulled by a vessel chartered from International Offshore Services. Despite having prior information about the location of Shell’s drilling rig, Tesla failed to share this with the vessel’s crew. The towfish struck one of the rig’s mooring lines, causing damage and disrupting Shell’s operations.

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