Published by The Pellegrin Firm July 25, 2020
On December 18, 2018, the U.S. Court of Appeals for the Fifth Circuit based in New Orleans ruled that a smartphone manufacturer cannot be held responsible for a car accident under Texas law because its device made a sound that allegedly caused an accident.
Published by The Pellegrin Firm July 20, 2020
Louisiana appellate courts are generally less deferential to lower courts than appellate courts in other states on issues of fact-finding and damages. However, if a jury’s award is based on reasonable grounds, Louisiana appellate courts will generally let it stand.
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.