Broussard, David & Moroux, Author at Louisiana Lawyer Blog

LAFAYETTE ATTORNEY BLAKE R. DAVID TAKES ON DRUNK DRIVING AND WINS $29M FOR VICTIMS

February 21, 2011 | by Broussard, David & Moroux

A St. Charles Parish Louisiana jury sent a strong and unprecedented message to Veolia Water North America, LLC and its intoxicated driver Rodney Gonzales, by awarding $25,000,000 in punitive damages to the victims and their families of a drunk driving accident. After 8 days of trial, the jury found the defendants 100% responsible for the death of James Thistlewaite and the injuries of Jonathan Mouton.

The case arose out of a 2007 crash caused by an intoxicated Gonzales, a Veolia employee, operating a company vehicle at over 90 miles per hour, wrecking it on the Bonne Carre spillway (I-10) and abandoning the completely unlighted truck. Witnesses confirmed that the unlighted vehicle created a sudden and unavoidable emergency leading to a horrific crash and explosion. The jury also found that Veolia, a multinational company, negligently entrusted the company truck to Gonzales, whose substance abuse and poor driving record made him ineligible for a company vehicle under Veolia company policy.

The jury granted $3.5 million to Thistlethwaite for the conscious suffering he endured for eight days in the Baton Rouge burn unit until he succumbed to his injuries; $100,000 to his daughter, Pam for the loss of her father; and $500,000 to Mouton for post traumatic stress disorder and loss of income- for a total judgment of $29,100,000.

Louisiana Drunk Driving Accidents

February 14, 2011 | by Broussard, David & Moroux

Authorities are cracking down on drunk driving across the nation and in Louisiana . In 2009, the National Highway Transportation and Safety Administration (NHTSA) recorded the lowest number of drunk-driving fatalities nationally in nearly a half a century . In 2009, 10,839 people were killed in alcohol-related collisions. For statistical purposes, a driver is considered to be alcohol-impaired if he has a blood alcohol concentration (BAC) of .08 or higher.

Louisiana had 295 alcohol-impaired driving fatalities in 2009, a 13 percent decrease from 2008. Nationally, alcohol-impaired driving fatalities declined 7.4 percent from 2008 to 2009. The number of alcohol-impaired fatalities in Louisiana involving individuals under the age of 21 was 40, a 29 percent increase from 2008.

The 2009 national average for drunk-driving deaths was 3.5 fatalities per 100,000 people. The 2009 rate in Louisiana was 6.6 fatalities per 100,000 people, nearly double the national average. The 2009 national rate for drunk-driving fatalities involving individuals under the age of 21 was 1.6 fatalities per 100,000 people; whereas, Louisiana’s rate was 3 deaths per 100,000 people.

Nationally, seven out of ten individuals involved in drunk-driving accidents were hardcore drunk drivers. Hardcore drunk drivers are identified as drunk drivers with a BAC of .15 or greater, who have been arrested at least once and who are resistant to changing their behavior despite arrests, sanctions and education.

Whose Fault Was It: Comparative or Contributory Negligence?

February 7, 2011 | by Broussard, David & Moroux

Every accident is different: sometimes many people are responsible for the plaintiff’s injuries; other times, the plaintiff’s fault may have partially caused his injures. Comparative fault and contributory fault are general defenses a defendant may raise in an attempt to reduce the damages a defendant must pay. Contributory fault means that the plaintiff contributed to the wrongful act, injury, death or loss and traditionally served as a complete bar to recovery for the plaintiff. On the other hand, comparative fault is a system where courts allocate percentages to the parties involved in the suit based on each person’s fault.

Louisiana is a comparative fault jurisdiction.

Almost all U.S. jurisdictions have shifted away from contributory fault and have adopted comparative fault systems. Dependent on the jurisdiction, however, courts may apply a “pure” comparative fault system or a “modified” comparative fault system. Under a “pure” comparative fault system, the jury allocates damages based on each person’s fault and imputes a certain percentage of fault to each party. The plaintiff is not barred from recovery, even if the plaintiff is primarily responsible for his own injury. For example, if the plaintiff is 90 percent at fault, the plaintiff may still recover his 10 percent.

Louisiana Car Crash with Uninsured Motorist? : Are you covered

January 31, 2011 | by Broussard, David & Moroux

Uninsured Motorist (UM) insurance permits its holder to recover in an automobile accident if the party who caused the collision is underinsured or uninsured. A plaintiff may receive UM benefits in several ways. If you are in an accident in your vehicle with an uninsured motorist, you may receive UM benefits from your own carrier. Also, if you are a passenger in another person’s vehicle who has UM insurance and his vehicle is involved an accident with an uninsured motorist, you may be able to collect UM insurance from the driver’s UM as well as your own UM policy.

If you do not know whether your insurance policy includes UM insurance, you should call your insurance provider and inquire about your policy coverage. You should also request a declaration page, which will show the policy’s exact coverage and exclusions. As of January 1, 2010, Louisiana raised the required amount of minimum liability insurance. Today, an individual must carry at least $15,000 in minimum liability and a total of $30,000 in liability coverage for multiple individuals involved in the same accident. An individual must also now carry $25,000 worth of coverage for damage to another individual’s vehicle. This change is a substantial increase from the prior $10,000 minimum. In sum, Louisiana law currently requires all individuals to carry at least a 15/30/25 automobile insurance policy.

For further questions, contact Broussard, David & Moroux at 888-337-2323(toll free) or 337-233-2323 (local).

Deepwater Horizon update

January 24, 2011 | by Broussard, David & Moroux

The United States Department of Justice filed suit December 15, 2010 seeking civil penalties and billions of dollars in fines against BP and its eight partnering companies over the Deepwater Horizon Gulf Oil Spill.

The Government’s civil claims arise under the Clean Water Act and the Oil Pollution Act. The complaint alleges that the companies’ violation of several federal safety and operational regulations caused serious environmental damage. The Government seeks compensation for cleanup costs, environmental damage and damage to natural resources.

Under the Clean Water Act, the Government may seek civil penalties of $1,100 per barrel of oil spilled into the water. In certain circumstances, the Act also authorizes the Government to recover up to $4,300 per barrel spilled. In August, the Government reported a near 4.9 million barrels spilled into the Gulf of Mexico thus far, and this number may increase as investigations continue.

Drunk driving damages

January 17, 2011 | by Broussard, David & Moroux

In Louisiana, a plaintiff may only recover exemplary damages if expressly authorized by Louisiana law. Exemplary damages are more commonly referred to as punitive damages and are imposed on a defendant in addition to general and compensatory damages. Louisiana Civil Code article 2315.4 expressly permits victims of drunk driving to recover exemplary damages in addition to general and special damages against their tortfeasor (individual allegedly responsible for the harm) if the individual acted with wanton or reckless disregard for the rights and safety of others. These damages are punitive in nature and are primarily designed to punish the tortfeasor.

Generally, Louisiana courts provide juries with great discretion in determining the appropriate award of exemplary damages. In Louisiana, the imposition of exemplary damages serves a threefold purpose: punishment, specific deterrence and general deterrence. First, the law seeks to punish the tortfeasor for his wanton or reckless behavior through the imposition of a monetary penalty. Second, the law seeks to use this monetary penalty as a means of specifically deterring the individual tortfeasor from driving while intoxicated in the future. Third, the law seeks to generally deter society from engaging in similar reckless conduct by using the tortfeasor as an example of the consequences of drunk driving.

In assessing exemplary damages, the jury considers all of the facts and circumstances of the case, including the extent of harm caused by the tortfeasor’s misconduct, whether the tortfeasor acted in good faith, whether the misconduct was isolated or part of a broader pattern, and whether the tortfeasor behaved recklessly or maliciously. In Louisiana, the jury may also consider the wealth of the tortfeasor in appropriate circumstances in order to accomplish the objectives of exemplary damage.

A defendant may appeal an award of exemplary damages by claiming that the award violated his constitutional right to due process or that the award was excessive. The Louisiana Supreme Court addressed the issue of excessive exemplary damages in Mosing v. Domas, 830 So. 2d 967 (La. 2002), when a defendant appealed a $500,000 award in exemplary damages. In Mosing, the intoxicated defendant struck the plaintiff’s vehicle when fleeing the scene of another collision he had caused. Id. at 970. The defendant also had numerous DWI arrests and was driving with a suspended license at the time of the two accidents. Id. On appeal, the Louisiana Supreme Court upheld the $500,000 award, explaining that punitive damages are based on the defendant’s motive and conduct in committing the tort, not the plaintiff’s injury. Id. at 978¬80.

Injured Offshore Worker Awarded $3M in Settlement

January 10, 2011 | by Broussard, David & Moroux

Offshore worker employed by flare boom installer suffered injuries after the flare boom he was working on collapsed sending him falling 110 feet from a jack-up rig into the Gulf of Mexico. Discovery revealed that jack-up rig welder ignored installation instructions of the flare boom company and improperly welded the base plate of flare boom. Also, the rig crane operator violated rig policy by allowing worker to walk on the flare boom without being tied off.

As a result of his fall into the Gulf of Mexico, Plaintiff suffered severe depression, head injury, PTSD, fractured ribs, broken left ankle with surgery, and instrumented two-level lumbar fusion surgery. He was disabled from offshore employment. Case brought in Iberia Parish and resolved for a combined $3,000,000.00.

Broussard, David & Moroux represented the injured worker and secured compensation for his severe injuries.

Louisiana Ban on Texting While Driving

January 3, 2011 | by Broussard, David & Moroux

During the last legislative session, Louisiana lawmakers upgraded the existing law prohibiting text messaging to “primary enforcement status.” This means that law enforcement can now stop and cite violators if the officers observe someone texting while driving. The current law is as follows: text messaging is banned for all drivers and drivers under 18 years old may not use any wireless devices while driving.

While it remains to be seen how this new law will be enforced and to what extent this enforcement will ultimately diminish the unsafe usage of cell phones while driving, it is clear after taking the short drive from my house to work that too many drivers are doing too much to take their attention off the road. One consequence of the legislature’s anti-texting bill may be its effect in helping prove another party’s negligence in a personal injury cases. Although Louisiana courts have rejected the concept that a violation of a statute necessarily renders a defendant liable to a plaintiff, if you suffer damages as a result of another party “texting” at the wheel, the new statute can still come into evidence and go towards persuading the jury that the defendant who injured you was negligent.

Lake Charles Jury Awards $10.8M in Wrongful Death Trucking Case

December 27, 2010 | by Broussard, David & Moroux

A Calcasieu Parish jury awarded a total of $10,800,240.35 in a wrongful death trucking accident case. That sum included a $5,000,000.00 exemplary damage award, $2,000,000.00 for each parent for the loss of their only child, $1,395,956.06 for the injuries to the mother, $142,558.59 for the injuries to the father, and $250,000.00 for the child’s survival damages. Blake R. David at Broussard, David & Moroux was lead trial counsel in the 14th Judicial District Court in Lake Charles.

The evidence at trial proved that on March 5, 2006, a G.B. Boots Smith Corporation tractor-trailer operated by Brian S. Montgomery was traveling northbound on LA 27 in Calcasieu Parish, ran a red light, plowed into the family vehicle outside of the intersection, and continued another 250 feet after the accident. The jury found that Montgomery was impaired while under the influence of crystal methamphetamine and marijuana (based on test results from Louisiana State Police Crime Lab). Dr. Joseph Manno (toxicologist) explained the jury how the negative DOT drug test taken after the accident was “diluted”. Discovery revealed that Montgomery failed two other crystal meth tests with another employer. Accident reconstructionist Mike Gillen testified that Montgomery had over 1300 feet (and over 11 seconds) to stop his vehicle before the impact.

This carnage resulted in the death of a child (age 2) and severe injuries to her mother (in the hospital for about a month and missed her daughter’s funeral). Eyewitness testimony revealed that the two-year-old suffered after the accident. Her death left the parents, who were married and in their early 20s at the time of the accident, childless. Due to a prior condition of the mother, the parents are physically unable to have any more children.