Articles Posted in Firm News

On January 28, 2017, plaintiff was T-boned by a Lafayette police officer who pulled out of the parking lot at Our Lady of Fatima Church on Johnston Street in Lafayette, crashing into the side of plaintiff’s pickup truck. Prior to trial, the parties stipulated that the defendant police officer was the sole legal cause of the subject collision and that he was in the course and scope of his employment with Lafayette City-Parish Consolidated Government at the time of the collision.

As the result of the collision, the 29-year-old plaintiff suffered injuries to his cervical and lumbar spine including annular fissures at C4-5 and C5-6, a central disc protrusion at C6-7, disc bulging at L3-4 and L4-5, as well as a disc protrusion and fissure at L5-S1. Plaintiff’s pre-trial treatment included three (3) rounds of cervical steroid injections and two (2) rounds of lumbar injections. In 2019, plaintiff’s treating spine surgeon recommended that plaintiff undergo total disc replacement at C6-C7 and an anterior lumbar interbody fusion at L5-S1.

Plaintiff, a father of six, continued to work through his pain following the collision so that he could support his family. At trial, the defense attempted to downplay plaintiff’s injuries using job descriptions which indicated he was required to perform heavy lifting at work and testimony from his supervisors confirming those job descriptions. Plaintiff testified the job descriptions did not accurately reflect the actual work he was required to perform at those jobs and on cross-examination, plaintiff’s supervisors were forced to admit that they had never actually observed him perform any heavy lifting after the accident.

Partner Richard Broussard was asked to speak as a panel member at the Louisiana Association of Justice’s Last Chance CLE Conference. The Conference was held in New Orleans and was attended by hundreds of attorneys as a means of continuing their legal education.

The discussion was titled “A New Age: Comparisons Between Aviation Law and Space Law,” and examined the evolution of Space Law, developing from Maritime and Aviation Law (two fields in which Broussard, David & Moroux specialize).

The picture above includes Broussard and his fellow panel members, Federal Judge Jay C. Zainey, Tulane Law Dean David Meyer, Charles C. Bourque, Jr. of St. Martin & Bourque (Houma) and Darlene Jacobs of Jacobs, Sarrat, Lovelace, Harris & Matthews (New Orleans). Along with the panel members pictured are Marin Davies, Chair of Admiralty and Maritime Law at Tulane, and Scott Bickford, the President of the Louisiana Association of Justice.

Partner Richard Broussard was presented the President’s Award by the Louisiana Association for Justice (LAJ) President Blake David on September 23 at the LAJ Fall Conference in New Orleans.

The President’s Award is presented annually to LAJ members who have provided outstanding and highly dedicated service to the legal profession.

Within the Louisiana Association for Justice, Mr. Broussard served on the Board of Governors from 1983-1986 and on the Executive Committee from 1996-1997.

Attorney Derek Aswell recently wrapped up his term with the Lafayette Bar Association as Young Lawyer Section Chair.

The Young Lawyers Section is a section of the Lafayette Bar composed of attorney members who are either under the age of 40 or who have been practicing law for five years or fewer. Members are dedicated to providing community service in Lafayette Parish. This is an active organization that sponsors several worthwhile programs that take place in the community, such as: Regional Mock Trial allows high school students to study a case, present it from both the plaintiff’s and the defense’s sides, and act out the trial in a real courtroom setting; and the Holiday Giving Program is an annual fundraiser to support local charities during Christmas.

Along with these programs, Young Lawyer Section members are active in the Lafayette Bar Foundation’s pro-bono efforts that benefit the underprivileged members of the Lafayette community. They volunteer their time to accept Lafayette Volunteer Lawyers’ cases, to assist with the Homeless Experience Legal Protection (H.E.L.P.) Program, and represent victims of domestic violence in Protective Order hearings through the Protective Order Panel.

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.

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“.

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.

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.  

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