Premises Liability

Woman Files Suit Over Alleged Cancer-Causing Products

March 29, 2016 | by Broussard, David & Moroux

Several corporations and other defendants have been taken to court by a New Orleans woman who claims to have developed ovarian cancer after using defendants’ products.

Paula Jackson filed suit in the United States District Court for the Eastern District of Louisiana New Orleans Division on March 16, naming Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Luzenac America Inc., Rio Tinto Minerals Inc., John Does/Jane Does 1-30, and other businesses and/or corporations, whose identities and involvement are as of yet unknown, as defendants. The Doe defendants are representatives of the corporations whose conduct allegedly caused or contributed to the damages of the plaintiff.

The issues of this case primarily revolve around products containing talc, which defendants Johnson manufactured and defendants Luzenac and Rio have continually marketed as safe for human use. From about 1974 to 2015, Jackson applied defendants’ products to her groin for feminine hygiene purposes, which is a foreseeable use of such products based on their advertising according to the suit. On September 27, 2015, Jackson was diagnosed with ovarian cancer at the age of 62. Prior to this diagnosis, she allegedly did not have any of the risk factors normally associated with such a disease.

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.

Submerged Chevron Boat Allegedly Causes Another To Sink, Injuries

January 26, 2016 | by Broussard, David & Moroux

A lawsuit has been brought against Chevron for a shrimp boat that sank last year, allegedly due to an underwater and unmarked vessel owned by the company.

Hosea Wilson and Shajaun Turner filed suit on January 19 in the U.S. District Court for the Eastern District of Louisiana against Chevron USA, Inc. They claimed negligence on the part Chevron which resulted in damage to personal property and personal injury.

According to the suit, on March 19, Wilson and Turner were piloting a 36-foot Newton shrimp boat in Garden Island Bay in Plaquemines Parish. It was at this time that their vessel collided with a submerged and unmarked vessel owned by Chevron. The collision caused heavy hull damage to Wilson’s boat, and injured both men, according to the complaint. Additionally, the hull damage was so severe that Wilson’s boat took on water and sank.

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.

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.

Ship Passing at High Rate of Speed Allegedly Results in Injury, Lawsuit

December 3, 2015 | by Broussard, David & Moroux

A tugboat captain has sued a fellow tug company as a result of an injury sustained while on the water, according to the filed complaint

Troy Matthiews, a tugboat captain for Bayou Vista, and Tracey, his wife, have filed suit against Crosby Tugs, citing negligence and personal injury stemming from an alleged incident occurring in 2014.

On November 30, 2014, Matthiews was attempting to cross from his boat, the Morgan Ray, to another tugboat, when both boats were passed by a third. According to the complaint, the third boat, the Crosby Rambler, was going at an excessive rate of speed. As a result, the wave generated in the Rambler’s wake knocked Matthiews off balance and tossed him between the two other boats, causing severe injury.

BP Cleanup Captain Files Suit

November 17, 2015 | by Broussard, David & Moroux

Another lawsuit has arisen from the Deepwater Horizon oil spill in 2010, this time stemming from the cleanup of the aforementioned accident.

Josip Piacun filed a complaint against BP Exploration & Production Inc., and B.P. America Production Co. alleging gross negligence under general maritime law. Piacun claimed that the company negligently exposed him to hazardous and cancer-causing compounds.

Piacun was hired as a vessel captain in April 20, 2010, in response to the BP oil spill. While he was employed from June 2010 to December 2010, Piacun claims BP negligently exposed him to dermal and airborne chemical compounds that are generally accepted to be toxic, volatile, and carcinogenic. The suit states that, as a result of this exposure, Piacun “developed psychological, dermal, respiratory, and cardiopulmonary complications.”

Stray Metal Particles Allegedly Injury Offshore Worker

November 4, 2015 | by Broussard, David & Moroux

A former employee of Phoenix International Holdings Inc., is suing his former employer as well as several affiliated parties for alleged negligence which resulted in injuries sustained while working offshore.

On October 16, John Bubenik of Florida filed suit in the Eastern District Court of Louisiana against Phoenix International Holdings Inc., MC Offshore Petroleum Inc., and its insurers. In the suit, Bubenik alleges that unsafe conditions lead to the injuring of his eye while on the job.

Bubenik was working aboard the Odyssea Courage and was employed by Phoenix International Holdings Inc. as a dive supervisor, commercial diver and seaman. The defendants were performing water blasting on the vessel, and at some point this activity caused metal particles to careen into his eye, causing an abrasion of the cornea. Bubenik was airlifted from the worksite to receive medical treatment on October 21. Bubenik’s suit alleges that the defendant’s lack of care while working was a contributing factor in his injury.

Blake David appointed as chair of LAJ Maritime Law Section

October 14, 2015 | by Broussard, David & Moroux

Blake David of Broussard, David & Moroux, Lafayette, was recently named Maritime Section Chair for the Louisiana Association for Justice (LAJ). The Maritime Section of this legal group concerns itself with improving the skill and knowledge of lawyers who represent workers injured in offshore accidents so that their families receive fair compensation from negligent parties and their insurers. The Maritime Section is one of LAJ’s larger sections, due to the increased industrial activity in Louisiana state waterways, rivers, canals, marshes and also given Louisiana’s proximity to work performed offshore in the Gulf of Mexico and the Outer Continental Shelf.

Mr. David has 14 years of experience practicing maritime and admiralty law. His area of practice focuses on personal injury and wrongful death litigation with an emphasis on offshore/maritime, trucking accident, aviation, products liability, industrial accident, and automobile claims. He speaks annually at the Louisiana State Bar Association Admiralty Symposium and is frequently invited to address attorney organizations around the state.

Mr. David was raised in Lafayette and is a founding partner of Broussard, David & Moroux. He is the past president of the Lafayette Bar Association, past president of the American Inn of Court of Acadiana, and founding board member and past president of the Federal Bar Association’s Lafayette Chapter. Mr. David is AV-rated by Martindale-Hubbell and recognized by Louisiana Super Lawyers (2012-2016), National Trial Lawyers (2012-2016) and National Association of Distinguished Counsel, which is awarded to the nation’s top one percent of attorneys (2015).