The Louisiana Fourth Circuit Court of Appeal held that the plaintiff has the absolute right to dismiss with prejudice an original defendant and to secure an order prohibiting all defendants from filing subsequent third party demands against the previously dismissed defendant. DiBenedetto v. Noble Drilling Co., 2009-0073, 2009-0464, 2009-1025 (La.App.…
The National Transportation Safety Board (NTSB) is investigating an airplane crash that occurred in Pineville, Louisiana, on October 10, 2009. Two Cessna 150 airplanes collided over Lake Buhlow during the annual Pineville Fall Fly-In. Both planes crashed into the woods. The occupants of one plane were killed and the occupants…
In a Louisiana medical malpractice trial, defense counsel had an ex parte meeting with a prior treating physician who was not a party to the case to go over the plaintiff’s medical records, without a medical authorization allowing verbal communication with the health care provider and without advance notice to…
The Louisiana First Circuit Court of Appeal held that where the general employer’s business is to loan out his or her employees and equipment to others, the general employer’s business is being furthered even if he does not control the details of the work. The special employer benefits because it…
The Louisiana First Circuit Court of Appeal held that an injury victim does not fail to mitigate his damages when he refuses to undergo surgery which would not significantly alleviate his disability or which carries risks of failure, more scarring and pain, or when the treatment is painful, or when…
Randy Piedrahita of the Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews Courrege L.C. wins candidacy challenge, creating new election law. Randy represented the challenger to the incumbent Mayor of Walker. The incumbent Mayor filed his candidacy paperwork two minutes late on the last day of qualifying, resulting…
The Baton Rouge, Louisiana injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. settled an industrial accident case caused by a defective horizontal boring machine. The plaintiff, a machine operator at Cooper Cameron Valves in Ville Platte, Louisiana, sustained severe orthopaedic injuries on March 9, 2004 while operating a 6″…
In Berg v. Zummo, 2000-1699 (La.4/25/01),786 So.2d 708, the Louisiana Supreme Court in a 4-3 decision held that the liability of a vendor of alcoholic beverages who sells or serves alcohol to a person under the legal drinking age is determined under La.Civ.Code arts. 2315 and 2316 using the traditional…