A 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…
In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s…
In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to four siblings who tragically lost their brother due to their former attorneys’ alleged mishandling of a wrongful death lawsuit. This case highlights the importance of competent…
In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because the appellants failed to post a required appeal bond. This decision underscores the importance of adhering to procedural requirements in workers’ compensation appeals. Case Background:…
In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of thorough fact-finding and the potential need for expert testimony in such cases. The case, Diana Deruise-Pierce v. University Healthcare System, L.C., et al., underscores the…
In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing…
A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any…
A recent ruling by the Louisiana Court of Appeal has shed light on the complexities of prescription (the state’s equivalent of a statute of limitations) and the concept of joint tortfeasors in wrongful death cases. The case, Crocker v. Baton Rouge General Medical Center, involved a tragic incident where a…
A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable. Rodney Loar, a technician for Terminix, injured his right knee…
In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment. In 2014, a group of…