Broussard, David & Moroux, Author at Louisiana Lawyer Blog

$900,000 Settlement Secured After Shopping Cart Accident Results in CRPS – Broussard, David & Moroux.

February 13, 2025 | by Broussard, David & Moroux

In early 2021, a plaintiff shopping at a local retail store suffered a life-changing injury from what initially appeared to be a minor incident. While preparing to shop, she grabbed a shopping cart when an employee pushed several stacked carts into her right ankle. Although surveillance footage captured what seemed like a minimal bump, the aftermath told a different story.

Within days of the incident, the plaintiff began experiencing severe burning pain in her thoracic spine and right ankle. She was ultimately diagnosed with intercostal neuritis and an ankle contusion. As her condition worsened, she developed Complex Regional Pain Syndrome (CRPS)—a chronic pain condition that caused significant temperature and color changes in her ankle. Despite undergoing multiple treatments, including thoracic spine injections and sympathetic nerve blocks, her symptoms persisted.

Legal Battle: Fighting for Justice and Compensation

Navigating the Intersection of Texas and Louisiana Personal Injury Law: Insights from Hayden Carlos’ CLE Presentation

February 3, 2025 | by Broussard, David & Moroux

Hayden Carlos gave a CLE presentation entitled “Boudin, Brisket & the Bar” at the Lafayette Bar Association’s CLE by the Hour, which highlighted the intersection of Texas and Louisiana jurisdictions in personal injury law.

“The same way boudin made in Texas and brisket smoked in Louisiana stand out against their native counterparts, so do attorneys who don’t have experience in both Texas and Louisiana when they try to handle cases that have issues stretching across both jurisdictions.” Says Hayden. “Its common for cases in Texas to involve Louisiana plaintiffs, defendants, and medical providers, and vice versa. But when the two states intersect, dozens of issues come up that require careful navigation. So it is always best to get an attorney experienced in both Texas and Louisiana personal injury practice to maximize value to the client.”

Hayden’s presentation underscored the importance of understanding not only the procedural differences between Texas and Louisiana law but also the nuanced legal cultures in each state. Attorneys must be well-versed in both systems to ensure the best possible outcome for clients.

BDM Covington Attorneys Secure Favorable Settlement for a Client in Catastrophic Collision Caused by a Driver of an Emergency Fire Engine in Tangipahoa Parish

January 28, 2025 | by Broussard, David & Moroux

In September 2021, a motor vehicle collision occurred in Tangipahoa Parish, Louisiana, involving a fire engine and a civilian vehicle. On that date, our client was lawfully operating her vehicle on Louisiana Highway 51 in Tangipahoa Parish, Louisiana. At the same time, Shaun Roach was operating a fire engine while responding to a grass fire.

As the fire engine approached Louisiana Highway 51, its driver activated the lights and sirens. The fire engine attempted to make a left turn onto Highway 51 but failed to yield to oncoming traffic. Unfortunately, the driver entered the path of our client’s vehicle, resulting in a violent crash that left her with serious injuries.

Initially, our client was placed at fault for the accident and cited by the local investigating law enforcement agency. The defense argued that Louisiana’s emergency vehicle statute (LSA-R.S. 32:24(D) applied, protecting the fire department from liability due to the emergency response. However, our team of attorneys on the Northshore worked quickly to uncover the facts and fight for her rights.

End-of-Year Reflections: Are You Prepared for a Personal Injury Claim in 2025?

December 19, 2024 | by Broussard, David & Moroux

As 2025 begins, many of us take a moment to reflect on our achievements, challenges, and goals for the upcoming year. While it’s important to look ahead, we should also take a step back and consider the unresolved issues from last year that might still be affecting us—especially when it comes to personal injury claims.

Whether you’ve been in a car accident, suffered a slip-and-fall, or experienced a workplace or off-shore injury, time is of the essence. If you have an injury claim that hasn’t been resolved, now is the time to act. The new year presents an opportunity for a fresh start and a path toward recovery.

Last year, the Louisiana Legislature made several changes affecting your right to bring a claim for injuries. The statute of limitations—which is the legal deadline for filing a personal injury claim—was changed for some claims. This deadline may differ depending on the type of claim and date of injury. If you miss this deadline, you could forever lose your right to recover compensation for your injuries and losses.

Blake R. David and Reed K. Ellis negotiate $4,000,000 settlement during trial for a personal injury car accident case with limited property damage

December 18, 2024 | by Broussard, David & Moroux

A 51-year-old hotel manager was driving to work in when she stopped at a red right and was rear-ended by a company F-150 pickup truck. The defendants accepted liability but disputed the medical causation of the personal injury claims based on the lack of significant property damage. To support their case, the defendants hired two accident reconstructionist and a biomechanical expert.

Broussard, David & Moroux personal injury attorneys, Blake David and Reed Ellis represented the plaintiff. Prior to the car accident, she had no history of back, neck, or hip issues or treatment in the past 15 years, and experienced neck, back, left wrist, mid-back, and jaw pain within hours of the crash. Dr. Robert Lejeune, a chiropractor, documented these injuries.

Over time, her condition worsened, requiring multiple surgeries on her neck, back, and hip. In response, the defendants hired four Additional Medical Examiners to challenge her claims, arguing that the injuries were temporary, lasting six weeks or less. The defendants also planned to present radiologists who would refute the injuries.

The Hidden Dangers of Holiday Travel: How Accidents Lead to Catastrophic Injuries and Complex Personal Injury Cases

November 25, 2024 | by Broussard, David & Moroux

While most travel-related accidents may result in minor injuries, some can lead to catastrophic injuries that permanently change a person’s life. Catastrophic injuries typically involve severe, life-threatening harm to the body and can include:

Spinal Cord Injuries: These injuries often lead to paralysis or loss of sensation and mobility below the site of the injury.
Traumatic Brain Injuries (TBI): A TBI can range from a mild concussion to a severe brain injury that impairs cognitive function, speech, motor skills, and memory.

Robert Brahan obtained notable settlement representing plaintiff injured in head-on auto-accident caused by low visibility on roadway

November 18, 2024 | by Broussard, David & Moroux

On November 12, 2020, an Acadia Parish farmer and his employee started a fire in a soybean field bordered by Louisiana Highway 97/Evangeline Highway, a two-lane highway with one northbound lane and one southbound lane. As the fire burned, it created a heavy smoke which blew into the roadway and completely blocked visibility for drivers travelling in both directions. The farmer and his employee admitted in their depositions that they took no precautions to prevent the smoke from obstructing the roadway.

At the time the smoke blocked the view of drivers on La. 97, plaintiff was travelling northbound towards the area of the fire. As plaintiff approached the area, the smoke suddenly became so thick that she could no longer see in front of her and she stopped in the road. At the same time, two cars were traveling southbound towards the area where plaintiff’s vehicle stopped. When the lead car arrived at the area where the smoke blocked her visibility, she stopped suddenly, forcing the following southbound vehicle to cross the centerline and crash head-on into plaintiff’s vehicle.

As the result of the collision, the 32-year old plaintiff sustained injuries to her neck and back. She was taken via ambulance to emergency room with complaints of pain to her entire back, “from neck down to lower back.”

Blake R. David and Reed K. Ellis secure $2.4 Million Settlement for client in product liability case

November 5, 2024 | by Broussard, David & Moroux

A 63-year-old married mother of two, suffered an aggravation of her back and neurological condition after a medical device collapsed in her spine, leading to nerve damage in her arms and legs and severe muscle spasms. After her initial back surgery where the medical device was implanted, our client underwent a revision surgery, in addition to a series of injections and physical therapy.

Before the initial surgery, the client was hoping to recover in time to walk into her son’s graduation several months post-surgery. Her treating physicians recommended that she would require pain management, ongoing evaluations, future medical care, medications, and therapeutic services in the future due to the failed medical device.

The defendant vigorously disputed liability, medical causation, and damages with various liability and medical experts. The device had never been recalled, and the opposing expert witnesses denied that the device malfunctioned or collapsed at all. However, after mediation and on the eve of trial, the defendant settled the case for $2.4 million.

Broussard, David & Moroux Sees an Increase in Auto Accident Injury Clients Each October

October 31, 2024 | by Broussard, David & Moroux

October 2023 witnessed a tragic 158-vehicle pileup on I-55 in Louisiana, triggered by dense fog. This incident highlights a troubling trend: October is often the month with the highest number of car accidents. While the National Highway Traffic Safety Administration (NHTSA) identifies the summer months as the “100 Deadliest Days,” October’s unique challenges can’t be overlooked.

Several factors contribute to the rise in fatal auto-accidents this time of year. As days shorten, driving after dark becomes more common, increasing the likelihood of accidents. Additionally, wet leaves and unpredictable weather can create hazardous driving conditions.

To help you navigate fall safely, consider these tips:

Derek Aswell and John Alford’s Collaboration Leads to $1.5 Million Settlement for Injured Engineer

September 18, 2024 | by Broussard, David & Moroux

Attorneys Derek Aswell from our Lafayette office and John Alford from our Covington office joined forces to represent a sixty-year-old engineer who was injured on a vessel. Their combined expertise and resources resulted in a $1.5 million settlement for our client three days into jury trial.

The plaintiff, a newly employed engineer, was assigned to grease the anchor on the bow of a vessel during a night shift. While performing his duties, he slipped and fell on the grating that covered the anchor hole which caused a neck and spinal cord injury. As a new employee (but a long-time engineer on vessels), he was unfamiliar with the ship’s layout. He testified that the deck was cluttered with rope, and the grating was ill-fitted and dilapidated, which contributed to his fall.

Derek and John uncovered evidence that, within a week of the plaintiff’s employment, a fire in the engine room had disabled the ship’s electricity. Although temporary lighting was provided in some areas of the ship, there was no active lighting on the bow, which further contributed to the hazardous conditions and his unwitnessed fall . Defendant argued he had the experience to stop work if he thought it was unsafe.