In the 1830s, when the court decided Vaughan v. Menlove, everyday life was not much different than it had been in the 1630s, especially in the rural English countryside. But a hundred years later, the world was a lot different. Inventions like the car and telephone connected people like never before, radio and cinema ushered in a new era of mass communication, and massive industrialization changed the way the economy worked. Perhaps even more importantly for the issues involved in Donoghue v. Stevenson (1932), many people were still traumatized over the events of World War I, because millions of people – combatants and noncombatants alike – had been directly or indirectly killed with little or no regard to their welfare. [Read more…] about The Origins of Duty, Part II
Auto Accident
Making A Federal Case Out Of It
Two Louisiana men now blame a Texas driver for the injuries they sustained in a serious car crash last year.
According to a lawsuit filed in federal court, Ronald Clauhs was stopped in a traffic lane of eastbound Interstate 10 because of a traffic jam. Shortly thereafter, Scott Liriano, of Bastrop, Tex., approached, apparently failed to stop, and collided with the vehicle at the tail end of the traffic jam that was three vehicles behind Mr. Clauhs, who was operating a car owned by Joseph Dimitri. That collision caused a chain reaction crash that injured Mr. Clauhs. The lawsuit seeks unspecified damages. [Read more…] about Making A Federal Case Out Of It
Victims Blame First Responder For Car Crash Injuries
Is an allegedly negligent state trooper responsible for the victims’ injuries following an Interstate 10 car crash?
According to a recent lawsuit, John Rice, Barbara Rice, and their unnamed minor child were sitting in their vehicle after a car wreck and waiting for first responders to arrive. Court documents state that Richard Reggio, a Louisiana State Police trooper that was en route to the scene, drove into an oncoming car’s pathway, causing it to veer suddenly and collide with the Rice’s stationary vehicle.
The plaintiffs demand unspecified damages. [Read more…] about Victims Blame First Responder For Car Crash Injuries
Third Party Liability In Negligence Cases
A strong evidentiary and legal case may not be enough to obtain compensation for injuries in a car crash case, because the defendant must also have the ability to pay damages. Solvency is often an issue in Louisiana, because the number of uninsured drivers is significantly above the national average. There are also thousands of under-insured motorists, because the state only requires $15,000 of personal injury and $25,000 of property damage protection. In a serious wreck, these amounts may not be enough to fully compensate the plaintiff. Fortunately, the tortfeasor (negligent driver) may not be the only party that is liable for damages.
Employer Liability
Under the doctrine of respondeat superior (Latin for “let the master answer”) employers are responsible for the negligence of their employees. In addition to car crash cases, this doctrine also comes into play in medical negligence and nursing home abuse cases that involve negligent medical professionals or other caregivers. [Read more…] about Third Party Liability In Negligence Cases
Fault Uncertain In Fatal Vehicle Collision
Both sides may end up pointing fingers in court after a deadly rear-end car crash on U.S. Highway 425.
According to Louisiana State Police, a 16-year-old unlicensed driver, whose name was not released, inexplicably slowed near the intersection of Highway 425 and Campbell Road. A trailing 2008 Chevrolet Avalanche, driven by 22-year-old Jeremy Austin, of Gilbert, rear-ended the near stationary Ford F-150. The force of the collision pushed the F-150 across the median and onto its roof. A passenger in that vehicle, 74-year-old Robert Miller, of Winnsboro, was seriously injured in the crash and rushed to a nearby hospital, where he was subsequently declared dead.
Thus far in 2016, this section of the LSP has investigated fifteen fatal crashes that caused sixteen deaths. [Read more…] about Fault Uncertain In Fatal Vehicle Collision
Driver in 2-auto Accident Files Lawsuit for Personal Injury
Here in Louisiana and around the country, a lot of attention is paid to driving under the influence and texting while driving. However, tired drivers can pose just as much danger to themselves and those around them. The more tired a driver is behind the wheel, the greater the likelihood that an auto accident could occur.
A man who was involved in a two-car accident in June 2014 claims that the driver of the other vehicle was fatigued when it occurred. Documents recently filed in a Louisiana federal court indicate that as the plaintiff headed west on U.S. 190, another vehicle made a right hand turn and slammed into his car. The victim was tossed around the cabin of his car, which caused him to suffer injuries.
The lawsuit claims that the other driver failed to pay attention to the traffic pattern before attempting to make the turn. Moreover, he failed to yield the right-of-way to the victim and made an improper turn across the lane of travel. The victim says that the injuries he suffered left him disabled. He has incurred, and most likely will continue to incur, medical expenses. He also lost income, at least some of his ability to enjoy and function in his day-to-day life.
These and other damages are allowable under state law. They may be awarded if it is proved that the injuries suffered were caused by the negligence of another. A monetary judgment could provide the restitution needed in order to alleviate at least some of the financial burdens that arise in the aftermath of an auto accident.