Articles Posted in Accidents

pexels-markusspiske-97047-scaledA 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 in the hotel pool. While the injury was unfortunate, the court ultimately sided with the hotel, highlighting the necessity of establishing the property owner’s knowledge of the hazard.

Casey Krueger and his family were staying at a La Quinta Inn & Suites in Baton Rouge when he cut his foot on broken glass in the pool. Although the jury acknowledged there was a defect on the premises, they found the hotel not liable because they didn’t have actual or constructive knowledge of the hazard.

Krueger appealed, arguing that the hotel should have known about the broken glass and that the doctrine of “res ipsa loquitur” should apply, allowing negligence to be inferred from the circumstances of the injury.

pexels-christian-wasserfallen-14125573-14766052-scaledA 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 when Rosa Cruz was involved in a car accident with Martha Creecy. A lawsuit was filed, and the trial court found Ms. Creecy to be at fault for the accident. However, the court declined to award damages to Ms. Cruz, concluding she failed to prove she sustained any injuries directly caused by the accident.

Ms. Cruz appealed this decision, arguing that her testimony and medical records were sufficient to prove both injury and causation.

pexels-pixabay-263402-scaledIn 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) and the state’s Civil Code, specifically concerning who can initiate a medical review panel and how that affects prescription for potential plaintiffs. This blog post will dissect the Guffey decision, analyze its implications, and offer guidance for navigating medical malpractice claims in Louisiana.

Case Background

Geneva Guffey, a nursing home resident, suffered a severe leg injury when a Lexington House employee dropped her during a transfer. She tragically passed away a few months later. Her granddaughter, Deana Fredrick, initiated the medical review panel process, a prerequisite to filing a medical malpractice lawsuit in Louisiana.

pexels-mikebirdy-11985980-scaledPatricia 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 as part of a recall. Spann sued Gerry Lane, alleging negligence in the repair and the hiring and training of their mechanics.

The legal journey was not a smooth one. Initially, the trial court dismissed Spann’s case, granting Gerry Lane’s motion for summary judgment due to a perceived lack of evidence. However, Spann fought back, securing a new trial based on additional evidence from her expert witness.

This expert, a mechanical engineer, had conducted multiple inspections of Spann’s car, ultimately concluding that the power steering system failed due to improper installation. Gerry Lane challenged the admissibility of this expert’s testimony, arguing it lacked scientific basis and that some inspections violated a court order. However, the court allowed the testimony, stating that challenges to the expert’s conclusions were about the weight of the evidence, not its admissibility. The court also determined that while the inspections without the defendants present were “troubling,” there was no evidence of intentional wrongdoing.

pexels-skitterphoto-4341-scaledWe’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, Daisy Foto was shopping at a Rouse’s store in Louisiana. She slipped on a clear liquid on the floor, fell, and sustained injuries. Foto sued Rouse’s, claiming they were responsible for her injuries because they either created the hazardous condition, knew about it, or should have known about it.

Rouse’s argued they had no liability because Foto couldn’t prove they created the spill, knew about it beforehand, or that it had been there long enough for them to reasonably discover and clean it up. They presented evidence of a store inspection conducted earlier that morning, showing no hazards were noted.

pexels-dominika-kwiatkowska-1796968-3368844-scaledSometimes, 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 from the responsible party. However, if the person who caused the accident leaves the scene and is never apprehended by law enforcement, an injured person may turn their attention elsewhere for financial compensation. Such a situation arose following a car accident on a stretch of highway between Jennings and Lafayette, Louisiana. 

Kyle Jordan was driving a rental car with Riley Moulton as a passenger. The vehicle was sideswiped, causing Jordan’s car to flip over and injure Moulton. The hit-and-run driver was never identified, so Mouton sued both Jordan and the rental car company, EAN Holdings, for damages. The defendants moved for summary judgment, arguing that since Mouton admitted in his deposition that Jordan was driving safely at the time of the accident and did nothing to cause it, Moulton offered no evidence to support a theory of recovery against Jordan or EAN Holdings. The trial court granted the defendant’s motions for summary judgment. Mouton appealed to Louisiana’s Third Circuit Court of Appeal.


The Appellate Court reviewed the facts of the case as laid out by Mouton himself in his deposition testimony. Mouton stated that Jordan had set the cruise control in the car to 70 MPH, consistent with the speed limit, and was “driving correct.” He further testified that the accident occurred when Jordan made a proper change into the left lane to pass a large truck.

pexels-pixabay-372810-scaledIn 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 one defendant can mean the loss of significant compensation for the party bringing the lawsuit. In a recent injury case out of Baton Rouge, a family was able to get their day court despite the best efforts of their opponent.   

Calandra Carr and her two children, Louis Carr, Jr., and Ciara Carr, were all riding in their van when they were in line to use the Geaux Clean Express Car Wash behind Jeffrey Dykes. Anthony Amedee was in front of Mr. Dykes’ vehicle when Mr. Amedee’s vehicle moved backward, striking Mr. Dykes vehicle, which in turn, hit the Carr’s van. This collision caused injuries, damages, and losses, which Carr’s argument caused because Mr. Amedee failed to maintain proper vehicle control.  The Carr’s also claimed that Geaux Clean failed to maintain the car wash properly and that their negligence was also a cause of the collision.

The Carrs filed a lawsuit against Anthony Amedee and his liability insurer, Louisiana Farm Bureau Casualty Insurance Company (“Farm Bureau”), Geaux Clean Express Car Wash (“Geaux Clean”) and its insurer, Ohio Security, and Allstate Property and Casualty Insurance Company (“Allstate”) as the Carrs’ UM insurers.

language_script_mongolian_design-scaledIn 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 accident in Louisiana.

On February 8th, 2013, Joseph DeRousselle was backing out of a driveway and almost hit the car Terry Gotch was a passenger in. The driver took evasive maneuvers, which led to the vehicle leaving the road and crashing into a ditch. Gotch was injured as a result of the accident. At the time of the accident, DeRousselle was an employee of Scooby’s ASAP Towing. Gotch then filed a lawsuit against Scooby’s ASAP Towing, claiming vicarious liability of the employer for DeRousselle’s negligence. A judgment was made following a jury trial in favor of Scooby’s ASAP Towing, absolving them of any negligence, and Gotch’s claim was disregarded.

Gotch, understandably unhappy with the verdict, orally moved for a mistrial. This motion was denied a short time later following a hearing. Still unsatisfied, Gotch filed an appeal on October 23rd, 2017. A written judgement was issued; however, it was insufficient in that it lacked decretal language.

driving_camera_in_mirror-scaledIt 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 her husband, the parents of Fontenot’s fiancé, she was involved in a single-car accident when she lost control and hit a utility pole. Fontenot had the Neils’ permission to drive their car. There were also two minors in the car with her. 

Fontenot and the mother of the two minor children passengers filed a lawsuit against Safeway Insurance, who insured the Neils’ car. Fontenot claimed the accident occurred because of a lack of maintenance. She claimed the car went off the road because it had a broken tie road, which caused the car’s steering mechanism to fail. 

coins_currency_investment_insurance_0-scaledIf 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, Louisiana. The other driver involved in the accident, Todd Sparks, was working for Thermal Technologies at the time of the accident. He was driving a rental car Thermal Technologies had paid for when he rear-ended Theriot while she was making a right-hand turn. 

Thermal Technologies had a business automobile insurance policy with State Farm, a commercial general liability policy, and an umbrella insurance policy with Owners Insurance. Sparks had a personal automobile insurance policy with Travels Home Insurance Company. Theriot filed a lawsuit against State Farm, Sparks, and Thermal Technologies. She later added Travelers and Owners to the lawsuit. 

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