The burden of proving a superseding or intervening cause rests with the defendant and conjecture and possibility that another incident was involved as a causative factor of the injuries sustained is insufficient to prove an intervening cause; defendants must prove such intervening cause by a preponderance of the evidence. Lancon…
Loss of consortium is the term which the law uses to describe the loss of love, companionship, comfort and services which a family member might have provided if she had not been injured. You may consider the following factors in making this determination: loss of love and affection, loss of…
Louisiana law specifically recognizes the right of an injured victim to recover damages for past and future loss or impairment of the enjoyment of life, separate from and in addition to the right to recover damages for past and future physical pain and suffering and past and future mental anguish.…
Under Louisiana law, the tortfeasor may not benefit, and an injured plaintiff’s tort recovery may not be diminished, because of benefits received by the plaintiff from sources independent of the tortfeasor’s procuration or contribution. The purpose of this rule is to deter unreasonably dangerous conduct by making wrongdoers responsible for…
The Louisiana Supreme Court rendered the per curiam decision of Acara v. Banks, 10-0741 (La.6/18/10). The plaintiff, Ms. Acara, filed a medical malpractice claim against Dr. Bradley Banks after Dr. Banks allegedly gave an opinion in an earlier personal injury suit filed by Ms. Acara as to her medical condition…
Randy Piedrahita of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. completed an $800,000 settlement for a 51 year old man involved in a rear-end collision and who suffered aggravation of a pre-existing spine condition. As a result of the car wreck, plaintiff…
Recently, Kirk Guidry and Randy Piedrahita of the Baton Rouge, Louisiana maritime law firm of Dué Guidry Piedrahita Andrews Courrege L.C., obtained one of the largest (if not the largest) settlements for a paraplegic in Louisiana history. In Wooley v. Longnecker, No. 106577E, 17th JDC, Parish of Lafourche, Mr. Wooley…
A three car crash in Ascension Parish, Louisiana on I-10 east of U.S. Highway 61 occurred on June 4, 2010. The car wreck occurred when a Metairie, Louisiana driver operating a 2006 Acura west on I-10 crossed the median and struck a 2007 Ford van and pushed it into a…
Louisiana State Police Troopers have investigated 15 fatal crashes resulting in 15 deaths in Troop F in 2010. The most recent involved an unrestrained 16 year old girl from Columbia who died on June 3, 2010 in a one vehicle crash in Ouachita Parish, Louisiana. The young girl was operating…
On the morning of June 3, 2010, a 2008 Peterbilt 18 wheeler ran off I-55 and hit a tree, causing the big rig to jack-knife and catch on fire. The 29 year old driver was pronounced dead at the scene of the accident. If you or a loved one has…