Can Fraternity Members Be Held Civilly Liable When a Sleep-Deprived Pledge Hits and Kills Someone While Driving?

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.

Louisiana Fourth Circuit Court of Appeal in New Orleans Rules for Man Injured in Collision with St. Bernard Parish Fire Department Fire Truck

Published by The Pellegrin Firm January 19, 2020

In a ruling dated January 8, 2020, the Louisiana Fourth Circuit Court of Appeal in New Orleans ruled in favor of a man injured in a collision with a St. Bernard Fire Department fire truck in 2011.

Guidry v. Brookshire Grocery Company: The Rare Louisiana Case in Which Summary Judgment is Granted for the Plaintiff in a Merchant Liability Slip and Fall Case

Published by The Pellegrin Firm December 27, 2019

In a recent decision, the Louisiana Third Circuit Court of Appeal affirmed a Lafayette district judge’s decision to grant summary judgment on liability for a patron injured after slipping in a liquid substance at a Super 1 supermarket.

Louisiana First Circuit Court of Appeal Upholds Summary Judgment for Bicycle Manufacturer in Lawsuit Filed by Houma Doctor

Published by the Pellegrin Firm November 29, 2019

On November 15, 2019, the Louisiana First Circuit Court of Appeal in Baton Rouge affirmed a Terrebonne Parish district judge’s grant of summary judgment in the case of a Houma doctor injured in a bicycle accident. The plaintiff suffered a broken neck and other injuries when he attempted to hop over a small gap in a sidewalk on his bicycle and the front wheel separated from the bike, sending him flying over the handlebars.

Louisiana Third Circuit Court of Appeal Affirms Judgment Finding Employer Was Arbitrary and Capricious in Controverting Claim for Workers’ Compensation Benefits

Published by The Pellegrin Firm October 1, 2019

In a September 18, 2019 decision, The Louisiana Third Circuit Court of Appeal affirmed a Lake Charles workers’ compensation judge’s decision to award workers’ compensation benefits, attorneys’ fees, and penalties to an injured employee of Chicago Bridge & Iron.

Louisiana Court of Appeal: Riverboat Casino Connected to Dock is “Vessel” Under Maritime Law

On July 3, 2019, the Louisiana Third Circuit Court of Appeal in Lake Charles rendered  judgement on a dispute over the status of riverboat casinos as “vessels.”  This is important because the plaintiff, who sustained injuries while operating a scissor lift on a riverboat casino moored in  Lake Charles, filed his suit under the Jones Act. The Jones Act provides …

Courts Find Car Driver Negligent but Not Legal Cause of Bicycle Accident in Metairie

On May 29, 2019, the Louisiana Fifth Circuit Court of Appeal  in Gretna upheld a jury’s verdict clearing a car driver of liability in a collision with a bicycle at the intersection of Airline Drive and Shrewsbury Road in Metairie. The defendant-driver was attempting to take a right turn towards the entrance ramp of the Causeway circle when the bicyclist …

New Orleans Court Finds Defendant Driver Not in Course and Scope of Employment

On February 28, 2018, the Louisiana Fourth Circuit Court of Appeal in New Orleans ruled on a case in which it had to consider the factors for determining when a defendant driver is in the course and scope of employment. The case is a personal injury suit arising from a pick-up truck colliding with a Regional Transit Authority bus. The …

Louisiana First Circuit Court of Appeal Upholds Summary Judgment in Favor of Best Western Plus Houma Inn in Slip and Fall Case

In a  February 28, 2019 judgment, the Louisiana First Circuit Court of Appeal affirmed a Terrebonne Parish judge’s decision to grant summary judgment in favor of a hotel in a slip and fall case. In this case, the plaintiff alleged he sustained injuries when he tripped over an elevated curb near the hotel’s entrance. The case is Primeaux v. Best …