Legal Opinion

Bourque v. Essex Insurance Co.

Louisiana Court of Appeal

Decided March 14, 2012No. 11-587Published

1Opinion of the Court

SAUNDERS, Judge.

[ y This is a personal injury case wherein the plaintiff contends that she suffered damages from the fall of an improperly installed kitchen light fixture on August 19, 2002. The defendants contend that the plaintiff failed to carry her burden to prove that this accident occurred or, alternatively, that she was injured by the falling fixture.

Two separate jury trials were completed. In both, a compound jury interrogatory asked whether the plaintiff carried her burden to prove that an accident occurred that injured her. The jury’s negative response in both trials left this court…

Also in this document: Dissent.

2Cases cited10 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Gonzales v. Xerox Corp.Supreme Court of Louisiana · 1975
  3. Roberts v. BenoitSupreme Court of Louisiana · 1992
  4. LeBlanc v. StevensonSupreme Court of Louisiana · 2000
  5. Libersat v. J & K TRUCKING, INC.Louisiana Court of Appeal · 2000

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