Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Negligence Claim Arises due to Contaminated Food Product

August 18, 2022 | by Broussard, David & Moroux

A Delaware couple filed a complaint on July 18 against Daily Harvest Inc., alleging negligence and other claims. Daniel and Lindsey Davis alleged the defendant’s French “Lentil & Leek Crumbles” caused Daniel to suffer from acute liver toxicity, causing abdominal pain, fevers, and chills.

The plaintiffs further claim that Daily Harvest’s food was not fit for human consumption and constitutes a breach of implied warranty. Additionally, they allege Daily Harvest failed to comply with federal, state, and local laws and safety codes with the distribution and sale of its food products. The plaintiffs are seeking monetary relief, trial by jury, and all other just relief.

Just in the last week, four other major food companies recalled their products due to product deficiencies. One popular brand, King’s Hawaiian, recalled its “Pretzel Slider Buns” because an ingredient used in the products can potentially cause “microbial contamination including from the organism Cronobacter sakazakii and Clostridium botulinum.” KraftHeinz’s also recalled about 5,760 cases of their popular children’s product, Capri Sun, after discovering a specific variety of juice pouches contained cleaning solution.

Blake David Named a Best Lawyer in America

August 18, 2022 | by Broussard, David & Moroux

Best Lawyers® is the leading peer-review-based guide for lawyers across America, recognizing professional excellence in 150 practice areas. Those nominated are submitted for consideration by their peers and are then vetted by the country’s top 5.3% of legal talent.

Candidates are nominated by currently recognized lawyers of the same practice area & geographic region. The rigorous selection process along with the element of being a purely peer-reviewed methodology is what makes appearing on the list highly sought offer.

Broussard, David & Moroux is pleased to announce that Blake David was recently selected by his peers for inclusion in the 29th edition of The Best Lawyers in America© for his work in Admiralty and Maritime Law as well as Personal Injury Litigation – Plaintiffs.

Blake David & Jerome Moroux to Speak at LAJ High Stakes on the High Seas Conference

August 17, 2022 | by Broussard, David & Moroux

On August 19, 2022, the Louisiana Association for Justice will be holding its annual High Stakes on the High Seas maritime law conference. High Stakes on the High Seas provides an opportunity for participants to discuss maritime law updates as well as network with members from all over the Gulf South.

Both partners will be speaking on the topic of “Handling Maritime Cases From Both Sides of the Aisle“.

In previous years, both partners have spoken on this topic as well as “Comparison of the Varying Remedies for Those Lost at Sea“.

Jerome Moroux Teaches LSU Trial Advocacy

August 12, 2022 | by Broussard, David & Moroux

This week, partner Jerome Moroux had the opportunity to participate in the Trial Advocacy Program at the Paul M. Hebert Law Center at Louisiana State University.

The Trial Advocacy Program provides 3rd-year LSU Law students with tactical skills for trial proceedings. The program utilizes a “learn by doing” education to help simulate a real trial.

Students have the opportunity to role-play, practice, and receive critiques during the three-day program. They are able to practice performing direct and cross-examinations, arguing motions, and delivering opening and closing statements.

Jury Awards Over $3 Million to Plaintiff in 18-Wheeler Accident

August 11, 2022 | by Broussard, David & Moroux

On February 14, 2018, plaintiff W.B. was severely injured when an 18-wheeler failed to check for on-coming traffic. At the time of the incident, plaintiff was working as an industrial scaffolder, to support himself and his family, and lived an active lifestyle. WB suffered the loss of his right, little finger, a large laceration to his head, neck and back pain injury, and headaches. Bradley underwent surgeries to his right hand, neck, and back and continues to suffer from headaches.

Defendants attempted to place the blame on the plaintiff, arguing that he should have been the one to “brake sooner,” despite the fact that a left-turning motorist has the legal obligation to wait until it is completely safe to make their turn. Defense asked the jury for a verdict of $0 to $429,000. After a five-day trial, a jury returned a verdict on August 5, 2022, as follows:

Bradley was awarded $293,108 in past medical expenses; $500,000 in future medical expenses; $125,000 in past wages; $241,000 in future wages; $690,892 in past and future physical pain; $400,000 in past and future mental pain; $250,000 in loss enjoyment of life; and $500,000 in disfigurement. This equals a total of $3,000,000 in damages.

Blake David’s outgoing “Letter from the President” – Louisiana Association for Justice

August 5, 2022 | by Broussard, David & Moroux

Musings of a Trial Lawyer Waiting For the Jury (August 2022)

“As I type this note, my last submission as President of the LAJ, I am awaiting the response of eight jurors in the Western District of Louisiana. Their verdict will have to be unanimous. This venire and jury were a trucking defense lawyer’s dream – truck drivers, dispatchers, logistics folks, insurance company employees. The jurors we ended up getting did not look great on paper, but I’m hopeful they came in open-minded. After a week of trial, I have no idea how they received the evidence I presented.

Rough week. Gave a home hum opening, fought through some tough admissibility issues throughout the trial, and just wrapped up with a decent but not spectacular closing. Violated my first rule of openings/closings – used some notes as reminders to make sure I covered all of the issues. It ruins the flow. I know better. I talked too fast. Again.

Two Bicyclists Involved In Crash Within One Week

July 25, 2022 | by Broussard, David & Moroux

A bicyclist was struck by a vehicle on Thursday night on LA-98 and LA-93.

Authorities reported that a 67-year-old male was hit by an SUV and thrown off of his bicycle. He was stopped in the westward lane on LA-98 facing east when a 2010 GMC Terrain SUV hit the cyclist while traveling west on LA-98.

The bicyclist was pronounced dead at the scene of the crash. The GMC SUV driver was not injured and showed no signs of impairment. The crash remains under investigation.

Bicycle Lafayette Plan – Open for Public Comment

July 22, 2022 | by Broussard, David & Moroux

Lafayette Consolidated Government recently released its master plan to make the city of Lafayette more bicycle friendly. This plan offers safer bicycling options than what Lafayette currently offers.

The plan includes:

47 miles of proposed trails and bikeways

Broussard, David & Moroux to Host Community Blood Drive on July 27

July 14, 2022 | by Broussard, David & Moroux

There is an urgent need for all blood types across the country. Every 2 seconds, there is someone who needs blood. One pint of blood can save up to 3 lives.

Broussard, David & Moroux is partnering with Vitalant to host our second community blood drive of the year on Wednesday, July 27, 2022.

The blood drive will be held at our office, located at 557 Jefferson Street, Lafayette, LA 70501 from 8:00 a.m. to 11:00 a.m.

Teenager Hit by Propeller in 4th of July Boating Accident

July 5, 2022 | by Broussard, David & Moroux

On Monday, 17-year-old Madison Bradley was riding on a pontoon boat in Blind River, driven by 33-year-old David Crowe.

Bradley, along with a male passenger, was standing on the front of the boat past the guard rails when they struck the wake of a nearby boat. They both fell overboard into the water, with the male having minor injuries; Bradley was hit by the vessel’s propeller, suffered severe injuries, and did not resurface.

Authorities were informed that there was a missing boater and Bradley’s body was found around 8 P.M.