General Negligence

Wrongful-Death Suit Filed In Relation to Parade Incident

February 17, 2016 | by Broussard, David & Moroux

An incident during last year’s Krewe of Excalibur Carnival parade in Metairie has resulted in civil repercussions. Don J. Dauzat, 52, was struck and killed by an allegedly drunk motorist who was purportedly pursued by a Jefferson Parish Sheriff’s Deputy at the time. Now, Dazuat’s family has filed a wrongful-death suit in the 24th Judicial District Court in Gretna, naming the Jefferson Parish Sheriff’s Office, Excalibur, King Arthur, PFJ Float Co., and others as defendants.

According to the suit, Dauzat had finished dropping off the float he was pulling for the Excalibur parade and was transporting a tractor to a staging area for the Knights of King Arthur parade. It was at this time, about 2:50 a.m., that he was struck by a 2002 Ford Explorer driven by Michael Burrle near Lapalco Boulevard and Paxton Street in Harvey. The impact caused the tractor to roll approximately 70 feet and flung Dauzat from it, resulting in severe injuries to his skull and brain. He was transported to a New Orleans hospital but died less than a day later from his injuries.

Burrle was booked on suspicion of DWI and was eventually charged with vehicular homicide to which he plead not guilty.

Lack of Crane on Barge Allegedly Results in Injury

February 15, 2016 | by Broussard, David & Moroux

A project supervisor is suing multiple companies for injuries allegedly sustained on a barge-loading job.

Dale E. Loveall Jr., individually and on behalf of his minor child, Sadie Loveall, and Robin Loveall, filed suit January 28 in the United States District Court for the Eastern District of Louisiana against multiple defendants. Nordic Underwater Services Inc., AMI Consulting Engineers P.A. Inc., ADM Grain River System Inc., and Archer-Daniels-Midland Co. are alleged to have negligently caused Loveall Jr.’s injuries.

The complaint states that the Loveall Jr. was hired by the defendants on or about February 18, 2015 to fix the pilings of the ADM Dock in Destrahan on the Mississippi River. It is further asserted that Loveall Jr. was appointed project supervisor and was part of the crew of the American 12, a vessel owned by ADM or ADMC and provided by Nordic and/or AMI. One of the tasks was required for the project was the transport of items from the American 12 to a barge. According to the suit, the barge did not have a crane which required the crew, including the plaintiff, to lift all equipment, including several thousand pounds of cement bags, out of the American 12, above their heads, and onto the barge.

18-wheeler Incident on Parade Route Leaves Four Injured

February 2, 2016 | by Broussard, David & Moroux

A New Orleans parade route had a bit of an interruption on Friday, January 29, when an 18-wheeler struck a tree along the route. The impact caused a large branch to fall on six people, injuring four.

The four Oshun and Cleopatra attendees were treated for minor injuries, according to New Orleans Police Department. Local fire department and emergency personnel were also on the scene, which occurred at the intersection of Amelia Street and Saint Charles Avenue.

According to nola.com, a witness stated that it looked like the driver was attempting to avoid the crowd when he struck the tree at around 7:50 p.m. A city clean-up crew arrived to cut and transport the branch to clear the street. The work was completed at around 10 p.m.

Crash In Crown Point Leaves One Dead, Three Injured

January 19, 2016 | by Broussard, David & Moroux

A two-vehicle crash involving four individuals occurred last Sunday in Crown Point. Two were injured, one of whom, Susan Tiano, 71 of Lexington, Massachusetts, was later pronounced dead at University Medical Center in New Orleans, according to reports.

The incident occurred at the intersection of Bataria Boulevard and Leo Kerner Lafitte Parkway at 5 p.m. January 9, 2015. According to the investigating officers, Tiano was a passenger in a 2015 Nissan Versa driven by Anton Becker, 75 of Newport, Massachusetts. The Versa was driving southbound on Bataria, when, after turning left and disregarding a stop sign, it collided with a 2004 Nissan Titan driven by a Marrero man.

The two occupants of the Titan as well as Marrero were taken to a local hospital for minor injuries. Tiano, who suffered injuries significantly more severe was brought to University Medical Center by paramedics.

Boat Capsized Reportedly Due to Negligent Wake Leaves Two Injured

January 12, 2016 | by Broussard, David & Moroux

Two men’s routine fishing trip was literally and figuratively upheaved when another marine vessel’s high rate of speed resulted in the capsizing of their boat, allegedly leaving the two men with various injuries.

Benjamin Lee Hines, Sr., and Andreas Damone Vitto sued Southern States Offshore Inc. on January 7 in the U.S. District Court for the Western District of Louisiana., alleging negligence and personal injury liability.

According to the suit, the two men were fishing out of a recreational vessel around Maxie’s Grocery Store near Intercostal City in Vermillion Parish on September 27, 2014. At a certain time that day, Southern States Offshore’s vessel, the Southern Belle, entered that waterway at an alleged high rate of speed. The suit states that the rate was much too fast for prevailing conditions that day, and caused an intense wake. It is this wake which allegedly capsized the boat Hines and Vitto were fishing out of, knocking both men into the water.

New Year’s Eve Crash Leaves One Dead, Two Injured

January 6, 2016 | by Broussard, David & Moroux

A three-vehicle crash on New Year’s Eve left one dead and others injured, according to Louisiana State Police.

Jocelyn Tennart, 45 of Zachary, was traveling eastbound on West Flanacher Road in East Baton Rouge Parish around 8 p.m. last Thursday. Simultaneously, Marion Fuller, 71, was traveling south on U.S. 61. Tennart was driving a Saturn car while Fuller was in a Chevrolet Silverado.

For reasons yet to be determined, Tennart failed to yield at the intersection of the two roads causing her to come into the path of the Silverado. The impact occurred on the Saturn’s driver side and Tennart, who was not wearing a seat belt, was pronounced dead at the scene by the East Baton Rouge Coroner’s Office.

Icy Deck Reportedly Causes Slip-and-Fall, Leaves Man With Disabling Injuries

January 4, 2016 | by Broussard, David & Moroux

Clint A. Coffey filed a lawsuit on December 1 against Marquette Transportation, citing violations of the Jones Act and negligence in maintaining safe working conditions. The Jones Act is set of maritime laws enacted in 1920 governing seaman’s compensation when injured.

According to the suit, Coffey was serving as a senior deckhand aboard the Kelly Rae Erickson under the employ of Marquette Transportation at the time of the purported incident. On February 19, as Coffey attempted to traverse from one vessel to another, he slipped on the icy deck. Coffey allegedly suffered severe and permanent injuries to his left shoulder, back, and other areas, leaving him in a state of disability.

The suit seeks punitive and compensatory damages to be determined at trial, as well as medical expenses. The case will be heard in the United States District Court for the Eastern District of Louisiana.

Woman Sues Aerospace Company Over Husband’s Death, Claims Negli-gence

December 22, 2015 | by Broussard, David & Moroux

A pilot’s wife has accused several companies of performing faulty maintenance on the helicopter her husband was flying when it suffered catastrophic engine failure, which led to his death.

Colleen Hicks, of Oklahoma, individually, on behalf of her minor children, and as representative of her husband, Brandon Seth Ricks, filed suit on December 10 against Cadorath Aerospace LaFayette LLC, H&H Turbine Services LLC and Rotorcraft Leasing Co. LLC, claiming negligence that resulted in Brandon Ricks’s death.

The complaint states that Brandon Ricks, age 40, was piloting a Model 206 L-1 helicopter from Griffin Memorial Airport in Mississippi to aid in a controlled burn initiated by the U.S. Forest Service on March 30. At a point during the flight, engine failed, resulting in a crash that killed both Ricks and the passenger. According to the suit, Cadorath and the other defendants performed negligent maintenance on the craft from 2009 to 2014 which caused the engine failure in question.

Bicycling Teen Killed By Speeding Motorist

December 15, 2015 | by Broussard, David & Moroux

A Gonzales man is being charged with negligent homicide over the death of a Baton Rouge high school freshman last Wednesday.

On December 9, Brennan Rube, 14 years old of Prairieville, was bicycling on LA-73 when he was struck by a 2000 Dodge truck driven by Joshua Ashford, 26-years-old of Gonzales. The force of impact flung Rube from his bicycle. He was not wearing a helmet and died at the scene. The crash happened around 6 p.m., according to Louisiana State Police.

Both vehicles were traveling in the same direction and Rube was struck by the front right side of Ashford’s truck. According to the police report, Ashford was speeding on a road with a posted speed limit of 45 miles per hour. Police do not suspect Ashford of being impaired at the time of the accident, however a routine toxicology test is pending.

Two Motorcyclists Pronounced Dead After Collision with 18-Wheeler

December 8, 2015 | by Broussard, David & Moroux

A three-vehicle crash in Delcambre resulted the death of an uncle and nephew from Abbeville, according to police reports.

On November 26, 2015, Jones Mitchell and Gerald Mitchell were traveling west on Suzuki motorcycles on LA 14 and approaching an east-west crossover. An 18-wheeler, driven by Earnest Comesana Jr., was traveling east on LA 14 and approaching the same crossover. Comesana turned left into the crossover to begin traveling east and the Mitchells were unable to avoid colliding with Comesana’s trailer as it entered their lane of travel.

Although the Mitchell’s were wearing Department of Transportation-approved helmets, both received fatal injuries as a result of the collision and were pronounced dead at the scene by the Iberia Parish Coroner’s Office. Comensana was properly restrained at the time of the crash and received no injuries.