The Survival Action: Damages for Pre-Death Pain & Suffering

Damages for the survival action are due if there is even the slightest evidence of pain and suffering, mental or physical, on the part of the decedent.

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Appellate Review of Damages

You get a call from the judicial assistant: the jury has reached a verdict. You high tail it back to the courtroom, mentally torturing yourself about the outcome, and wait anxiously for the judge to read the verdict form. Yes to liability; yes to causation. Like the bowls of porridge in Goldilocks and the Three Bears, one of three things will happen with damages: too low, too high, juuust right. Regardless of the outcome, there is almost certain to be an appeal. Special damages and general damages are reviewed under different standards.

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Challenging Awards of Exemplary Damages: The Mosing Factors

Mosing v. Domas, 2002-0012 (La. 10/15/02), 830 So. 2d 967 set the standard for exemplary “punitive” damage awards in Louisiana.

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Proving Intoxication in a Civil Suit

Three-part test to prove intoxication and recover exemplary damages

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"Second Permittee" and Omnibus Insurance Coverage

The second permittee issue often arises in the situation of a parent who lends a vehicle to teenage child who in turn lends the vehicle to a friend who causes a wreck. The child clearly had the permission of the parent to use the vehicle. The question becomes: did the friend (second permittee) have the permission of the parent (named insured) to use the vehicle at the time of the wreck?

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Accidents in Company Vehicles: The Course & Scope Presumption

Situation: client is injured by the driver of a company vehicle, but it was late at night, and the driver was not going to or coming from work. So where do you start in your quest to prove vicarious liability?

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If You're Thinking About Texting a Driver

A seemingly benign text conversation can have severe consequences…

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