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OCTOBER 2011 LEGAL UPDATE
Published on: October 1, 2011
Uninsured Coverage - A guest passenger falls within the definition of "insured person" for purposes of liability coverage and thus is entitled to UM/UIM coverage. Reaching this conclusion en banc on remand from the Supreme Court, the Fourth Circuit declines to follow Batiste v Dunn, ___ So 3d ___ (1st Cir. 2011). Bernard v Ellis, No. 2010-1495 (La. 4 Cir. 9/27/11).Future Pain and Suffering - If the trial judge accepts as fact the plaintiff will require future surgery by awarding future medical expenses for that surgery, the judge errs in not awarding him damages for future pain and suffering. Thibodeaux v Trahan, No. CA 11-328 (La. 3rd Cir. 10/5/11)Wrongful Death - The father of decedent does not have a cause of action for decedent's wrongful death where he fails to file a petition to establish paternity within the peremptive period provided by La. C.C. art. 198. Udomeh v Joseph, No. CA 11-342 (La. 3rd Cir. 10/5/11)
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