Louisiana Lawyer Blog

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.

Three Vehicle Crash Claims Life In Baton Rouge Area

October 27, 2015 | by Broussard, David & Moroux

A stop to check a tow strap turned fatal when the two vehicles were hit by a third on Monday, report State Police.

53-year-old Timothy Bird and 22-year-old Delvonte Wiley, both of Port Allen, were towing a 2005 GMC Yukon behind a 2000 GMC Sierra. They had stopped in the left westbound lane of US 190 just west of US 61 Baton Rouge to check on the tow strap between the two vehicles when a third vehicle, driven by 33-year-old Chauntel Barnett of Denham Springs, crashed into the Yukon.

The force of the impact caused the Yukon to buck forward, striking Bird, who had gotten out of the Sierra to check the tow strap. Bird was taken to Our Lady of the Lake Regional Medical Center and later pronounced dead. Neither Wiley nor Barnett were injured, according to State Police Trooper Bryan Lee.

Car Strikes UL Student In University Avenue Crosswalk

October 19, 2015 | by Broussard, David & Moroux

A University of Louisiana at Lafayette student was crossing University Avenue last week when she was struck by an oncoming motorist.

The student, whose name has been withheld, was in the crosswalk when she was struck, reports Cpl. Paul Mouton. The driver had made a left from McKinley Street onto University when the two parties collided.

The student received minor injuries to her leg and was taken to a local hospital. The driver received a ticket for failing to yield to pedestrians in a crosswalk.

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.

Man Files $3 Million Lawsuit Against Lebeouf Bros. Towing

September 28, 2015 | by Broussard, David & Moroux

Jerry D. Franklin, Jr., has brought suit against his employer, Lebeouf Bros. Towing, LLC, for injuries resulting from their negligence.

According to the lawsuit, the Tangipahoa Parish resident was a crewman aboard the H. J. Dupre when it was offshore in 2014. On or about July 11 of that same year, Franklin alleges that he was instructed to manually move a 20-foot crossover asphalt transfer hose from the deck of one barge to another without an adequate lifting device. In complying with these instructions, Franklin states that he suffered severe lower back injuries. The injuries are alleged to be so serious as to require extensive medical treatment and surgical intervention.

The suit alleges negligence on the part of Lebeouf Bros. Towing, and that they breached their duty when it failed to provide safe equipment, adequate crew and proper supervision owing to the un-seaworthiness of the vessel. The plaintiff seeks maintenance and cure, alleging sever physical and psychological pain, loss of enjoyment of life, lost wages and earning capacity, and permanent disability. The total sum sought in relief and expenses is $3.65 million.

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.