Louisiana Injury Lawyer Blog

In Guy v. Brown, 2011-0099 (La.App. 4 Cir. 7/6/11), 67 So.3d 704, the Louisiana Fourth Circuit Court of Appeal held that a wrongful death claim arising out of medical malpractice must be brought within the three year peremptive period set forth in La. R.S. 9:5628. Therefore, if the death occurs three years after the alleged medical malpractice and no claim was previously and timely filed by the wrongful death beneficiaries, the claim is forever time barred.

Louisiana State Police Troop E investigated 2011's forty-third fatal crash on August 8, 2011 in Natchitoches Parish, Louisiana. This crash occurred around 3:39 p.m. on Campti Bayou Road and claimed the life of a sixteen year old passenger of a Chevrolet truck that lost control at a high rate of speed, crossed the center line of the highway, overcorrected, and started spinning and then rolled over into the ditch. According to the LSP news release, the teenage driver will be charged with negligent homicide.

LSP further informs us that "traffic crashes are the leading cause of death for children over the age of four. While not all crashes are survivable, your best chance of surviving a serious crash is to properly wear a seat belt or to be correctly restrained in an age and size appropriate child seat."

Baton Rouge, Louisiana car crash attorney, Scott Andrews, reminds all young drivers to be careful, stay alert, observe the posted speed limit, keep a look out, and always, always, always make sure all occupants are wearing a seat belt. Even a momentary inattentiveness can result in disastrous consequences and ruin the lives of all involved.

Continue reading "Natchitoches Louisiana Car Crash Claims Life of Teenage Girl" »

In Brooks. v. State of Louisiana, Department of Transportation and Development, 2010-1908 (La.7/1/11), the Louisiana Supreme Court held that the scope of duty of the Louisiana Department of Transportation and Development (DOTD) to maintain the shoulder of a Louisiana state highway does not encompass the risk that a driver of an inherently unstable and top-heavy backhoe not authorized for highway use will drive on the shoulder and attempt a sharp turn into a driveway at a relatively high rate of speed, hit a 2-4 inch depression in the asphalt that would have not caused any problem for a vehicle, tip over, and be crushed by the backhoe. DOTD's duty was summarized by the Supreme Court as follows:

DOTD's duty is to maintain the public roadways in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and reasonable prudence. This duty extends to the shoulders of highways as well. DOTD's duty to maintain safe shoulders encompasses the foreseeable risk that for any number of reasons a motorist might find himself on, or partially on, the shoulder. This duty extends not only to prudent and attentive drivers, but also to motorists who are slightly exceeding the speed limit or momentarily inattentive. Nonetheless, DOTD is not a guarantor of the safety of all the motoring public under every circumstance. Nor is DOTD the insurer for all injuries or damages resulting from any risk posed by obstructions on or defects in the roadway. Id. In other words, we will not impose liability for every imperfection or irregularity, but only a condition that could reasonably be expected to cause injury to a prudent person using ordinary care under the circumstances. Whether the DOTD breached its duty, that is, whether the shoulder was in an unreasonably dangerous condition, is a question of fact and will depend on the facts and circumstances of each case. If the shoulder did not present an unreasonable risk of harm then DOTD, by definition, did not owe a duty to [the plaintiff] and cannot be held liable for the damages he sustained. As a question of fact, we will review the jury's determination that the shoulder presented an unreasonable risk of harm under the manifest error standard. Under the manifest error standard, an appellate court may not disturb a jury's finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. This Court has described the unreasonable risk of harm criterion as a guide in balancing the likelihood and magnitude of harm against the social utility of the thing, all the while considering a broad range of social and economic factors, including the cost to the defendant of avoiding the harm, as well as the risk and social utility of the party's conduct at the time of the accident. In every determination, all the circumstances surrounding the particular accident under review must be considered to determine whether DOTD's legal duty encompassed the risk which caused the plaintiff's damages.

A Holden, Louisiana, woman died in a two car wreck on Louisiana Highway 447 south of I-12 in Livingston Parish, Louisiana, when her 1997 Chevrolet Cavalier crossed the center line of Louisiana Highway 447 just north of Louisiana Highway 16 after entering a right-hand curve. The Cavalier collided head-on with an oncoming 1987 GMC single-unit truck, pushing the Cavalier backwards and off the road into the ditch and causing it to roll over onto its roof.

According to Baton Rouge, Louisiana car wreck attorney, Scott Andrews, the driver of a vehicle that crosses the center line and collides with another vehicle in its proper lane of travel is presumed to be at fault in causing the accident.

Continue reading "Holden, Louisiana Woman Killed in Livingston Parish Car Wreck" »

A 23 year old Louisiana man was killed on March 25, 2011 in Rapides Parish when he lost control of his Suzuki motorcycle on Robinson Bridge Road causing him to leave the highway and collide with several small trees. The motorcycle operator's helmet was not strapped and came off during the crash.

This was the 14th accident related death in 2011 occurring in Louisiana Troop E.

Continue reading "Rapides Parish Louisiana Motorcycle Wreck Claims Life" »

Deputies with the Calcasieu Parish Sheriff's Office were looking for a 30 year old woman operating a 2010 Chevrolet truck who was reported to be driving in an unsafe manner, when the woman caused a four vehicle crash on Louisiana Highway 27. The truck crossed the center line and sideswiped a couple of vehicles and then collided head-on with another truck, resulting in the woman's death.

According to the Louisiana State Police, 65% of vehicle occupants killed in 2009 in Louisiana wrecks were not properly restrained.

Continue reading "Unsafe Driver Causes Four Vehicle Wreck in Calcasieu Parish Louisiana While Deputies are Looking for Her" »

On March 16, 2011, a 39 year old Galliano, Louisiana woman was killed and her passenger critically injured, at the intersection of Louisiana 3161 and Louisiana 3235 in Cut Off, Louisiana, when the Lafourche Parish woman failed to yield to oncoming traffic and turned left in front of an 18 wheeler.

Under Louisiana law, a left turning motorist is presumed to be at fault if the collision occurs in the favored lane of travel. A high burden is placed on the left turning motorist to exculpate himself or herself from civil liability for injuries and damages caused by the left turn.

Continue reading "18 Wheeler Truck Accident in Lafourche Parish, Louisiana" »

In Louisiana, "[t]o establish a claim for medical malpractice, a plaintiff must prove, by a preponderance of the evidence: (1) the standard of care applicable to the defendant; (2) the defendant breached that standard of care; and (3) there was a causal connection between the breach and the resulting injury. La. Rev. Stat. 9:2794.2.

Expert testimony is generally required to establish the applicable standard of care and whether or not that standard was breached, except where the negligence is so obvious that a lay person can infer negligence without the guidance of expert testimony. ***

In ruling on a motion for summary judgment, we are not free to simply disregard the ... unopposed expert medical evidence."

Schultz v. Guoth, 2010-0343 (La. 1/19/01), citing Samaha v. Rau, 07-1726 (La. 2/26/08), 977 So.2d 880, 883, and Pfiffner v.Correa, 94-0924 (La. 10/17/94), 643 So.2d 1228.

Based on the foregoing, the Louisiana Supreme Court reversed the lower courts and granted summary judgment in favor of a defendant obstetrician who offered a unanimous medical review panel opinion in his favor and an affidavit of one the medical review panel members in support of his motion. The plaintiff, whose baby was still born allegedly as a result of the medical malpractice, produced no expert testimony or counter-affidavit.

Continue reading "Expert Medical Evidence Usually Necessary to Support a Louisiana Medical Malpractice Claim" »

Shortly before midnight on January 6, 2011, a 65 year old California man was struck by an 18 Wheeler on Interstate 20 in Bienville Parish, Louisiana, as he exited the driver's side of his parked vehicle.

Parking on the shoulder of a busy highway is extremely dangerous and should be avoided unless there is a serious emergency and parking on the shoulder is unavoidable. In that instance, one should consider exiting the vehicle on the side away from the highway to avoid walking into the path of another vehicle.

Continue reading "18-Wheeler Accident on I-20 in Bienville Parish Claims Life" »

The Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews was selected for first tier (those firms that scored within a certain percentage of the highest scoring firms) inclusion in the 2010 inaugural rankings of U.S. News - Best Lawyers "Best Law Firms", in the practice areas of Personal Injury Plaintiffs and Product Liability Plaintiffs. "The selection involved surveying thousands of law firm clients; leading lawyers and law firm managers; partners and associates; and marketing officers and recruiting officers. Each were asked what factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment."

"Client and lawyer surveys collected mostly reputational data. Using a scale of 1 (weakest) to 5 (strongest), clients voted on expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to a firm. Lawyers voted on expertise, responsiveness, integrity, cost-effectiveness, and whether they would refer a matter to a firm and whether they consider a firm a worthy competitor."

The Fourth Circuit Court of Appeal in Guillot v. DaimlerChrysler Corp., 2008-1485 (La. App. 4 Cir. 9/24/10), upheld awards of $2,775,000 to a mother and $2,100,000 to a father for the death of their 17 day old brain damaged baby who was surgically removed from the mother's abdomen following an accident, and was removed from life support 17 days later. The mother was pinned between the vehicle door and a brick column when the defective Jeep Cherokee rolled backwards.

The Court of Appeal reasoned as follows: "We do not find that the trial court abused its vast discretion with respect to the general damage award, nor do we find that the award shocks the conscience. It is indisputable that the unique facts of this case are extraordinarily tragic. Additionally, the Louisiana Supreme Court has held that '[t]he determination of the severity of mental anguish of distress resulting from the death of another is a fact question which depends upon several components, including, but not limited to, the closeness of the ties between the parties, the degree of love in the relationship, and the length of the relationship.' Herbert v. Webre, 2008-0060 (La.5/21/08), 982 So.2d 770, n. 7 (citing Hill v. Shelter Mut. Ins. Co., 05-1783 (La.7/10/06), 935 So.2d 691, 695)."

A Kinder, Louisiana man on a Honda three-wheel motorcycle was killed on August 26, 2010 on U.S. Highway 165, when a 2004 GMC truck operated by a Lake Charles man allegedly made an illegal left turn across the motorcycle's path from the shoulder of the highway in an attempt to access a cross-over.

All too often motorcycle operators are injured or killed because vehicle operators "did not see" the motorcycle." This is no excuse. Vehicle operators are required to keep a proper look out and see all other vehicles on the road, including motorcycles.

Continue reading "Louisiana Motorcycle Wreck Caused by Illegal Left Turn on Highway 165 in Louisiana" »

A St. Charles Parish woman burned last Wednesday in Paradis, Louisiana, has died as a result of her severe burn injuries. The victim was found by the local volunteer fire department outsider her home and was transported to the Baton Rogue General Mid-City Burn Center. Investigators believe natural gas piping in the kitchen leaked, resulting in a gas vapor explosion.

Since 1970, Baton Rouge, Louisiana has been fortunate to be the home of the Baton Rouge General Burn Center. The Burn Center cares for more than 800 burn victims every year suffering from flame, scald, electrical, chemical and other burn-related injuries. The burn center is one of only 125 specialized burn centers in the United States.

Continue reading "St. Charles Louisiana Natural Gas Explosion Causes Severe Burn Injuries" »

On August 20, 2010, another Yamaha Rhino rollover accident claimed the life a Louisiana woman and injured a Louisiana teenager. The accident occurred on La. Highway 124 around Harrisonburg, Louisiana. The Louisiana woman lost control of the 2004 Yamaha Rhino and exited the right side of the road, and then reentered the road and began rolling over.

The Yamaha Rhino is increasingly the subject of product liability lawsuits alleging instability because abrupt maneuvers or aggressive driving cause rollovers even on flat, open areas.

Continue reading "Louisiana Yamaha Rhino Rollover Accident" »

A motorcycle accident in Bienville Parish, Louisiana, claimed the life of a Minden, Louisiana woman on August 15, 2010. The motorcycle accident occurred on U.S. Highway 80. A wet roadway from a recent rain is a suspected factor in the crash. According to the Louisiana Highway Safety Commission, there have been 29 deaths from Louisiana motorcycle accidents in 2010.

Continue reading "Louisiana Motorcycle Accident Claims Life of Minden, Louisiana Woman" »