Louisiana Lawyer Blog

Blake R. David and Reed K. Ellis obtain $2M Settlement for Client Rear-ended in Vermilion Parish

August 28, 2024 | by Broussard, David & Moroux

On June 12, 2020, our client was on his delivery route as a local beverage distributor in Vermilion Parish, Louisiana, when his work vehicle was rear-ended by another truck which pushed him into the stopped car immediately in front of him. As a result, he sustained significant physical and mental injuries, including a documented traumatic brain injury, resulting in ongoing psychotherapy, medication dependency, and injection therapy.

Before the incident, the plaintiff was a healthy father and husband with goals to advance his career into upper management. Though he continued to work at a reduced capacity with the same employer, his treating physicians concluded that he was permanently impaired from this crash and required job accommodations and substantial future medical care.

Blake and Reed remained steadfast in their pursuit of justice for our client, meticulously gathering the evidence needed to build our client’s case. Their efforts ultimately led to a settlement of policy limits of $2 million before mediation or trial. The firm takes great pride in meeting our clients where they are and assisting them during difficult times. Service is one of the firm’s core values, and that service is epitomized by the selflessness and dedication shown by our attorneys and staff daily in thier relentless pursuit of justice in this case.

Blake R. David’s $5.4 Million Win for Maritime Client Under the Jones Act

August 19, 2024 | by Broussard, David & Moroux

Maritime law governs activities on navigable waters and includes the Jones Act, a sector specifically created to protect seamen. The Jones Act federally regulates maritime commerce in the United States and, although originally intended to protect seamen, its effectiveness has eroded over the years due to various factors. Today, seamen face a perilous landscape if they are injured due to a company’s negligence while aboard a vessel.

Despite this challenging environment, our partner Blake David continues to represent clients in maritime cases that are covered by the Jones Act. Blake has moderated and lectured at many Louisiana maritime conferences over the last two decades, including the Louisiana Association for Justice’s(LAJ) High Stakes on the High Seas Maritime Law Conference and the Louisiana State Bar Association’s Admiralty Symposium (where Blake is chair). Blake and Jerome Moroux have served as the LAJ Maritime Section chair multiple times. This year, Blake was recognized by Acadiana Profile magazine as a 2024 Top Lawyer in Maritime Law. He, along with all the attorneys at Broussard, David & Moroux, continues to seek justice for our clients.

Blake represented our client who was seriously injured on a vessel due to the company’s negligence. The incident occurred when our client was working offshore, and the vessel collided with a piling, causing him to slam into the cab of the boat. The pilot coworker onboard was distracted and speeding.

John & Blair Alford Obtain $4 Million for Client Severely Injured by Impaired Driver

August 7, 2024 | by Broussard, David & Moroux

The Broussard, David & Moroux office in Covington continues to expand with notable client case wins. As a testament to the success of our new office, attorneys John and Blair Alford secured a $4 million settlement for our client who was severely injured in a motor vehicle accident.

Our client was traveling on Highway 190 when an intoxicated driver was speeding and collided into the rear-end of their vehicle. At the time of the collision, the defendant displayed clear signs of drug impairment and admitted to drug use that same day. Further investigation confirmed that the defendant was under the influence of fentanyl and was performing job-related duties while operating the vehicle. As a result of the crash, our client required extensive medical treatments for their injuries.

The case continued to develop as John and Blair strategically reinforced evidence indicating that the employer was aware of the defendant’s drug addiction and had failed to enforce company policies and procedures. Their case against both the company and the defendant continued to strengthen as mediation approached.

Derek Aswell successfully obtained $2.5 million for client left with catastrophic injuries

July 19, 2024 | by Broussard, David & Moroux

Our attorney, Derek Aswell, recently obtained $2.5 Million for his client in a products liability case. The client is still recovering from extreme injuries due to a machine malfunction on the job site but received favorable compensation thanks to Derek’s thoroughness on the case.

The plaintiff involved was a superintendent equipment operator who was subcontracted to crush rocks for a wind turbine farm in Texas. The cause of the accident occurred when rock material obstructed the machine which prevented it from operating properly. The plaintiff powered off the crushing chamber before attempting to clear the obstruction, but the rotor of the machine suddenly free- spun, sending the plaintiff through the crushing chamber. This incident caused horrific and life-threatening injuries.

Thanks to Derek and his team’s hard work and excellence on the case, he helped his client hire experts in design and biomechanics to prove the machine was dangerously designed and that the injuries were caused by the chamber. The case ultimately resulted in a $2.5 Million settlement for the plaintiff.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Richard Broussard Inducted into the 2024 Lafayette Bar Association Hall of Fame

July 10, 2024 | by Broussard, David & Moroux

UPDATED 7/11/2024- Richard C. Broussard, a founding partner at Broussard, David & Moroux, focusing in personal injury practice, has been selected for the Lafayette Bar Association (LBA) Hall of Fame class for 2024.

Broussard’s induction into the LBA Hall of Fame is a recognition of his exemplary career as an attorney, dedicated service to the community, and participation in the Bar. The Lafayette Bar’s recognition also states the purpose is to award those attorneys and members who exemplified the Lafayette Parish legal community’s rich tradition of producing highly skilled lawyers and community servants.

“Richard is our firm’s North Star. The way he practices law—his unwavering pursuit of justice; his attention to detail; his integrity—embodies the standard by which all of us here at the firm measure ourselves. This well-deserved honor means that the community sees Richard the way we all do here. We are so proud of him.” said Jerome Moroux, partner at Broussard, David & Moroux.

National Forklift Day: Case Highlight

June 12, 2024 | by Broussard, David & Moroux

Recently, we told you about how a lawsuit resulted in the recall of over one million bikes with a serious flaw that paralyzed our client. This made cyclists across the country safer. Now we look at how another client’s case revealed a critical workplace hazard.

A Louisiana resident was focused on his work near a large industrial forklift when suddenly the heavy steel fork dislodged striking his hard hat. He was instantly paralyzed for life.

The forklift manufacturer blamed the tragedy on the employer’s maintenance practices and said the design was safe. Through intensive investigation and discovery depositions we learned that there was an error in the specification of the fork. The dimensions of the fork specified in the manufacturer’s catalog allowed it to slip off spontaneously.

Tragic bike case handled by Richard C. Broussard leads to groundbreaking discovery

May 31, 2024 | by Broussard, David & Moroux

A Louisiana resident was treating his son and a friend to a school break cycling trip in another state. A few minutes after renting a new high tech bike from a prominent shop, his healthy lifestyle suddenly ended in a tragic crash-he was paralyzed from the neck down forever. We took him in as our client in pursuit of justice.

In our investigation, the manufacturer said the front wheel had disengaged somehow because of our client’s fault even though the new bike had just been inspected by the dealer and he had only ridden a short distance. They couldn’t identify his fault but somehow they claimed our client caused the accident. They had tested the bike after the accident and said the accident could not have happened as our client described and nothing was wrong with the bike.

Through a court proceeding and independent experts retained by our team of counsel, we learned that the manufacturer had repeated the bike failure as our client had described multiple times in the presence of its own engineers. They then hid the evidence of the defect. The compatibility of various components of the wheel had never been tested. With no input from a rider the front wheel could suddenly seize catapulting the rider over the handlebar onto his helmet breaking his neck.

Broussard, David & Moroux’s $25,000 Match pushed the local Boys & Girls Club to reach their goal of $50,000 for SOLA Giving Day

May 29, 2024 | by Broussard, David & Moroux

The Community Foundation of Acadiana’s South Louisiana Giving Day (SOLA) occurred last week, and Broussard, David & Moroux took part by supporting to a cause close to the heart of the firm.

“The Boys & Girls Club of Acadiana takes great care of so many people in our community, including many of our clients and their children,” said Partner Blake David. “As a firm who works tirelessly to help good people, it feels as though our missions are connected.”

Service is a core value for the Broussard, David & Moroux law firm. We enjoy supporting the Boys & Girls Club of Acadiana and other local charities, knowing that their efforts make our community and future brighter.

Robert Brahan awarded $2.2 MM jury verdict

May 22, 2024 | by Broussard, David & Moroux

On April 2, 2021, an rental company employee parked his 18-wheeler on the right shoulder of Eraste Landry Road in Lafayette so that he could retrieve a forklift located down a private driveway off the right side of the road. His intent was to pull the forklift onto Eraste Landry Road, drive on the roadway to the back of his 18-wheeler, and load the forklift onto the flatbed trailer of his 18-wheeler.

When the 18-wheeler driver got to the end of the driveway and prepared to make a left hand turn onto the roadway, his 18-wheeler blocked his view of oncoming traffic and prevented approaching vehicles from seeing the forklift. Ignoring his obstructed view and without providing any warning to approaching drivers, he pulled the forklift onto Eraste Landry and crashed into the passenger side of plaintiff’s vehicle. Following the initial impact, our client crashed into a street sign and skidded to a stop on the side of the road.

As the result of the collision, our 41-year-old client suffered injuries to his cervical and lumbar spine including bulging discs at C3-4, C4-5, and C5-6 and a herniation at L4-5. Our client’s initial treatment included chiropractic care, physical therapy, and prescription medication that failed to resolve his symptoms. By April 2022, his treating doctors told him that he had two treatment options going forward: epidural steroid injections and surgery.