Published by The Pellegrin Firm June 20, 2020
On March 20, 2020, the Louisiana Firth Circuit Court of Appeal rendered judgement in a case involving a man injured by a falling tree branch while traveling downing Canal Street in Metairie. The plaintiff was riding on a motor scooter when a tree branch from a large oak tree fell and struck him.
Published by The Pellegrin Firm June 8, 2020
On May 20, 2020, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled in a case challenging the denial of short-term and long-term disability benefits.
Published by The Pellegrin Firm May 31, 2020
On April 3, 2020, the Louisiana Supreme Court reversed rulings of lower courts in a dispute over the timeliness of a fax-filed lawsuit. The case is Stevenson v. Progressive Security Insurance Company et al., Docket No. 2019-C-00637 in the Louisiana Supreme Court.
Published by The Pellegrin Firm May 25, 2020
On November 13, 2019, the Louisiana Third Circuit Court of Appeal ruled in a case involving a car that tried to pass left on a vehicle on a two-way road. A truck driven by plaintiff Giles Hill attempted to pass a vehicle driven by Sabrina Davis as Davis was attempting to make a left turn onto another road.
Published by The Pellegrin Firm May 16, 2020
On April 8, 2020, the Louisiana Third Circuit Court of Appeal in Lafayette ruled against GoAuto Insurance in its bid to deny insurance coverage in a Lake Charles car accident. The GoAuto policy listed the driver of the car (a Nissan Altima) at the time of the accident, Jermika Mayne, as an excluded driver. Therefore, GoAuto argued it was not responsible for any property damage caused to the Nissan Altima by the accident.
Published by The Pellegrin Firm April 25, 2020
In a ruling dated April 1, 2020, the Louisiana Third Circuit Court of Appeal found for a man seeking to recover damages sustained in a car accident in the course and scope of his employment. The plaintiff was driving a company car at the time and had to undergo multiple surgeries, sustained fractures, and suffered 87% loss of vision in one eye. The plaintiff sustained the serious injuries in a collision with a drunk driver, who passed away in the accident and was found to be completely at fault.
Published by The Pellegrin Firm April 20, 2020
In a decision published April 15, 2020, a panel of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit affirmed a New Orleans district judge’s findings in favor of an injured seaman.
Published by The Pellegrin Firm, L.L.C. April 2, 2020
The recent worldwide novel coronavirus pandemic is having drastic impacts on the world and the state of Louisiana. As of this writing, Louisiana has one of the highest growth rates and death rates in the world.
Published by The Pellegrin Firm, L.L.C. March 10, 2020
All too often, long-term disability insurers look for reasons to deny payment to disabled insureds. This is just as true of insureds with addiction and mental health issues as it is of insureds with physical limitations. In a recent case out of Missouri, a federal judge rejected an insurance company’s denial of benefits to an impaired nurse anesthetist.
Published by The Pellegrin Firm March 5, 2020
In an interesting case decided by the Louisiana Third Circuit Court of Appeal in October 2019, the court ruled that members of a fraternity’s executive board could be held individually liable for a fatal car accident allegedly caused by a sleep-deprived pledge forced to act as a designated driver for intoxicated fraternity members.