A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass…
Articles Posted in Accidents
No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases
A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started…
Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?
In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA)…
A Car Crash, a Faulty Repair, and a Battle Over Damages
Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet…
When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability
We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2013,…
Driver Not Liable for Passenger’s Injury in Accident Beyond His Control
Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation…
Car Wash Accident Injury Case Proceeds After Summary Judgment Reversed
In cases involving multiple defendants, courts are frequently asked to dismiss some or all of the parties because no set of facts can allow a case to proceed. Defendants will point the finger at their counterparts in hopes of securing a dismissal for themselves. However, the dismissal of even just…
What is Decretal Language, and Why is it Important?
In the legal world, every word holds significance. Clarity and precision are of the utmost priority because even the slightest bit of ambiguity can have dire consequences. This is a truth that Terry Gotch would later find out after he filed suit against Scooby’s ASAP Towing LLC following a vehicular…
Who Is Responsible For Damages In Accident Involving Borrowed Car And Inadequate Maintenance?
It is common to borrow a car from a family member or friend. If you are unfortunately involved in an accident while driving a borrowed car, who is liable for damages if the accident results from inadequate maintenance? While Holly Fontenot was driving a car owned by Patricia Neil and…
How Is Coverage Divided When Multiple Insurance Policies Are Involved?
If you are involved in an automobile accident, it can be difficult to navigate insurance claims and coverage. The situation becomes even more complicated when there are multiple insurance policies involved. How is coverage allocated between multiple relevant insurance policies? Sonya Theriot was unfortunately in an automobile accident in Lafayette,…