In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving…
Insurance Dispute Lawyer Blog
Can a Public Employee be Fired for Off-Duty Gambling?
The Louisiana Court of Appeal recently reversed a decision of the Civil Service Commission (CSC) that upheld the termination of a public employee for gambling while off-duty. The case involving Carnell Collier, a Quality Assurance and Safety Inspector for the Sewerage and Water Board of New Orleans (S&WB), highlights the…
Employee Termination Upheld for Unauthorized Vehicle Use and Dishonesty
Leotis Johnson, an employee of the Sewerage and Water Board of New Orleans (S&WB), was assigned a company vehicle equipped with a GPS. S&WB policy prohibited personal use of company vehicles without supervisor authorization. Johnson was accused of using the vehicle for personal errands during work hours and lying about…
Coroner Not Liable for Burial of Foster Child’s Remains
A recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges…
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,…
Court of Appeal Increases Monetary Damages Award Following Workplace Injury in Monroe Beverage Facility
Injuries that occur while an individual is working can devastate the injured party’s life in several ways. Not only does the injured party likely earn less money due to the injury, but other damages, such as medical expenses and loss of enjoyment of life, may also result. James Thomas was…
Injured Shreveport Worker’s Claim Saved from Dismissal on Summary Judgment in Case Involving an Allegedly Open and Obvious Hazard
David Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to…
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…