Wrongful Death

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).

Boat Collision in Rockefeller Refuge Leaves One Dead, Another In Serious Condition

October 13, 2015 | by Broussard, David & Moroux

A boating incident between a recreational boat and an oilfield crew boat resulted in one fatality and left two others injured in Cameron Parish last Thursday.

Wildlife and Fisheries reported that the accident occurred around 8 a.m. on October 8th. The oilfield crew boat, which was carrying two, and the other boat carrying a family of three collided in a curve in a canal in Rockefeller Wildlife Refuge.

The family, a father and his two adult sons, were flung from their boat by the impact. They were pulled from the water by the members of the crew boat who then docked at a nearby landing and contacted an ambulance.

Explosion at Gas Pipeline Company Claims Several Lives

October 9, 2015 | by Broussard, David & Moroux

Up to four people have been left dead and two injured after an explosion occurred at Transcontinental Gas Pipeline Company, a Williams Partners’ subsidiary, on Bayou Black Drive in Terrebonne Parish.

After the explosion occurred at 11 a.m. on October 8th, 2015, it was initially reported that the 13 employees stationed at the facility were uninjured and accounted for. Four contractors who were performing scheduled maintenance at the facility are being treated for injuries sustained as a result of the incident, the severity of which is unknown at this time.

However, Terrebonne Parish Sheriff on the scene Jerry Larpenter reported that he believed at least believed three people were dead at the plant and one other worker had died at the hospital after being recovered by hazmat teams from the site. The hazmat suits are required due to the heat remaining at the explosion site. Two other individuals suffered serious injuries.

Louisiana Woman Sues Trucking Company for Negligence

October 5, 2015 | by Broussard, David & Moroux

A Louisiana woman is suing an out-of-state trucking company, and its employee over injuries sustained in a two-vehicle incident occurring last year.

Diamond Virgil filed suit against Merrill G. Bush, McLane Trucking, Inc., his employer, and the Insurance Company of Pennsylvania for injuries allegedly sustained as a result of the defendants’ negligence.

Virgil’s complaint states that she was driving eastbound on LA-48 on September 26, 2014, and had stopped at a red light at the intersection of LA-48 and Williams Boulevard. It was at this time that she was rear-ended by Bush’s vehicle, which struck with such force that it pushed Virgil’s vehicle into the intersection.

Former Hostage Seaman Sues Employers, Citing Deliberate Negligence Relating to Imprisonment

September 13, 2015 | by Broussard, David & Moroux

Related to an international hostage situation that occurred in 2011, Wren Thomas has brought suit against his then-employers, citing a blatant disregard for safety that to permanent and debilitating injuries.

In July of 2011, Thomas was employed collectively by Edison Chouest LLC, Galliano Marine Services, LLC, and Offshore and Service Vessels, LLC, as a captain and crew member of the American marine vessel C-Retriever to work off of the Nigerian coast, according to the complaint.

The suit posits that the trend of international piracy incidents involving the defendants’ vessels and crews should have caused the defendants’ to increase protection of its assets and employees in Nigerian waters. Defendants’ allegedly failed to do so, despite numerous alleged incidents involving employees being set upon, maltreated and kidnapped. Indeed, the suit states that Thomas expressed concerns to his employers about his vessel’s current status in regard to anti-piracy, citing the craft’s age, subpar speed, and somewhat outdated piracy measures. According to the suit, Thomas, after expressing such concerns, received death threats, both veiled and direct, via the defendants’ radio system.

Shreveport Man Killed After 18-Wheeler Accident

September 4, 2015 | by Broussard, David & Moroux

Preston Jones of Shreveport died last Monday of his injuries after an 18-wheeler collided with his car in Richland Parish.

According to the State Police investigation, the 18-wheeler, driven by Jon Simmons of Cruger, Mississippi, was driving west on I-20 when it changed lanes in front of Jones’s vehicle, a 1997 Ford Explorer. Unfortunately, there was not enough space between the two automobiles to complete the maneuver, and the rear of the 18-wheeler’s trailer struck the front of the Explorer. Jones lost control of the vehicle as it spun rapidly after the collision. The vehicle was sent into the median and began rolling. Jones was not wearing his seatbelt at the time of the accident and was flung from the vehicle. He later succumbed to his injuries at a local hospital. A toxicology sample has been obtained and is awaiting analysis.

According to La. R.S. §32.295.1 (B), each occupant of a passenger car, SUV, or pickup truck is required to have a seatbelt fastened around his or her body at all times when the vehicle is in forward motion. While this is done for safety reasons and the lack of an in-use seat beat is a violation, it does not play into comparative fault for civil suits. Subsection E of the aforementioned statute relates that, “in any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of this Section shall not be considered evidence of comparative negligence.” Further, violation of the seatbelt requirement cannot be admitted as evidence to mitigate damages.

Louisiana Resident Files Class-Action Against Blue Bell Creameries

August 28, 2015 | by Broussard, David & Moroux

A class-action suit has been filed against Blue Bell Creameries relating to the listeria outbreak in their products. The event lead to a product recall in March.

Steven J. Leon, of Hammond, Louisiana, brought a class-action suit against the company, alleging negligence, redhibition, breach of warranty, and unjust enrichment. The suit’s putative class consists of upwards of 100 members and the amount in controversy exceeds $5 million.

The accompanying complaint posits that consumers who purchased Blue Bell products between March 13 and April 20 are entitled to damages because Blue Bell purportedly failed to provide adequate notice of the recall. The recall was posted on the Blue Bell website on or about March and April, but, according to the suit, the company had had positive test results for a potentially lethal bacterium since 2013.

Family Sues BP for Death Allegedly Resulting from Deepwater Horizon

August 21, 2015 | by Broussard, David & Moroux

A family is suing BP for the wrongful death of their father as a result of the 2010 Deepwater Horizon Incident. Nedjelka Mjehovic, Vlaho Mjehovic and Borislava Mjehovic have accused BP of negligence that resulted in the wrongful death of their father, Miro Mjehovic, filing suit on his behalf.

Detailed in the complaint, Miro was the captain of a vessel that performed clean-up duties under the direction of BP. Miros was employed by U.S. Maritime Services of New Orleans but was hired by BP following the Deepwater Horizon Incident. He was performing his duties off the coast of St. Bernard parish and Plaquemines parish when he came into dermal and airborne contact with crude oil containing volatile compounds which, according to the plaintiffs, are widely regarded as toxic and carcinogenic. As a result of this alleged contact, Miro developed dermal, respiratory, and cardiopulmonary complications culminating in acquired hemophilia, which he died from in 2012 despite medical care.

In their complaint, the Mjehovics state that their father should have been better protected from hazardous chemical exposure and that BP should have taken such precautions. The suit claims breach of duty and three counts of negligence, stemming from failure to prevent the Deepwater Horizon explosion, failure to cap the Macondo well properly, and failure to warn personnel and properly equip employees.

Teen Killed After Being Struck by Drunk Driver, Another Injured

August 18, 2015 | by Broussard, David & Moroux

Eighteen-year-old Richard Billingsley of Prairieville was pushing a disabled vehicle off of the highway when he was hit by a speeding vehicle operated by a drunk driver. Billingsley was pronounced dead at the scene on LA 42 west of LA 44 in Ascension Parish. The intoxicated operator, 41-year-old J. Thomas Bowers, suffered no injuries.

Prior to the accident, Billingsley was riding with an unidentified woman when the SUV they were riding in broke down. Authorities reported that the driver turned on her emergency flashers and Billingsley got out to push the vehicle off to the side of the road. Unfortunately, according to the report, Bowers was traveling east on LA 42 and did not stop, striking Billingsley while traveling above the speed limit. The SUV driver received minor injuries while Bowers, despite not wearing a seat belt, was unharmed.

After Louisiana State Police arrived at the scene, Bowers refused to submit to a breathalyzer and was taken to St. Elizabeth Hospital a blood sample was obtained. Bowers was charged with vehicular homicide, DWI, vehicular negligent injuring, reckless operation, open container, speeding, and not wearing a seat belt. This is Bowers’s second DWI offense.

Deep Sea Explosion Injures Worker, Leads to Suit

August 10, 2015 | by Broussard, David & Moroux

Robert James Dick, Jr., an employee of Blackwater Diving LLC, was conducting an underwater burn on a conductor when he was allegedly injured by an explosion. This event took place on or about June 21 and the explosion allegedly resulted in severe physical damage, psychological trauma, loss of enjoyment and capacity, permanent impairment, and medical expenses for Dick.

The plaintiff was employed by Blackwater as a seaman, a commercial diver, and a crewman of a marine vessel. He has alleged negligence on the part of his employer and is seeking maintenance and cure.

As a part of his suit, Dick has invoked the Jones Act and claimed that Blackwater was negligent in failing to provide a safe workplace and safe equipment. The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute that provides for the promotion and maintenance of the American merchant marine. The Jones Act specifically applies to shipping between two points of the same country, whether in-land or along the coasts. This is collectively referred to as cabotage. The Act took contemporary legislation regarding the recovery rights of railroad workers and extended the principles therein to sailors of such vessels. It allowed seaman to bring action against ship owners based on claims of unseaworthiness or negligence, rights not afforded by common international maritime law.