Louisiana Lawyer Blog

Judgment of over $2 Million Obtained for Plaintiff Injured in Motor Vehicle Collision

March 7, 2023 | by Broussard, David & Moroux

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.

How to Have Fun and Stay Safe for Mardi Gras

February 8, 2023 | by Broussard, David & Moroux

For Mardi Gras, most people have one thing on their minds: let the good times roll. However, in addition to the good times, there are also some safety risks that may arise in the wake of Fat Tuesday. To ensure you get the most enjoyment out of the festivities, here are some tips to keep you safe during Carnival season.

Be sure to keep your guard up for beads and other throws, as these objects could be painful on impact.
Stay behind all barricades during the parade and refrain from moving, tampering, standing, or sitting on the barricades.

Bridge Accident Safety Tips

January 23, 2023 | by Broussard, David & Moroux

On the morning of January 19, 2023, an 18-wheeler crashed on the Estherwood pontoon bridge. This is the site of another 18-wheeler crash just last fall. Not only do bridge crashes like this one cause bridge closers and detours for motorists, it also causes additional safety risks for other drivers on the road.

In light of this accident, here are a few safety tips to remember when traveling on bridges:

To avoid a chain reaction collision, keep at least two car lengths between you and the car in front of you.

Partner Richard Broussard Speaks on the Evolution of Maritime and Aviation Law

December 13, 2022 | by Broussard, David & Moroux

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.

Judge Awards Over $144,000 to Injured Off-Shore Worker

November 18, 2022 | by Broussard, David & Moroux

On October 18, 2022, a crane mechanic was awarded over $144,000 in a Longshore and Harbor Workers’ Compensation Act claim after his employer denied responsibility for over two years.

On September 16, 2019, D.L. fell while descending the stairs of a heliport to the platform at Ship Shoal 178, in the Gulf of Mexico. It is estimated that the crane mechanic fell about five to six steps, landing on his back. Due to this incident, D.L. suffered injuries to his neck, back, right shoulder, and both hips.

After the accident, D.L.’s employer placed him in a modified position until he was let go six months later. The employer then denied D.L. was entitled to benefits based on its own doctor’s findings that all his symptoms were unrelated. However, D.L.’s treating physicians related his symptoms and their recommended treatment to the on-the-job injury.

Pedestrian Safety Tips

November 16, 2022 | by Broussard, David & Moroux

During the evening of November 13, Lafayette Police Department responded to the scene of a vehicle crash involving a pedestrian on Bertrand Drive. The female pedestrian died on the scene as a result of her injuries.

According to the National Highway Traffic Safety Administration (NHTSA), 6,516 pedestrians were killed and an estimated 55,000 were injured nationwide in 2020. In light of these facts and the events of last weekend, Broussard, David & Moroux would like to remind both those driving and walking of tips to keep everyone safe on the roads.

For drivers, the following tips can help to protect pedestrians walking near roads:

18-Wheeler Failed to Check For On-Coming Traffic

November 14, 2022 | by Broussard, David & Moroux

On August 5, 2022, a Western District of Louisiana jury awarded $3,000,000 in a rural tractor-trailer crash and assigned 100% liability to US Xpress and its driver.

On February 14, 2018, a scaffolder was on his way to work early in the morning fog on U.S. 190 approaching the intersection of inferior LA 26. At the same time, an 18-wheeler was stopped at the stop sign on LA 26 waiting on another vehicle to pass on U.S. 190. However, as plaintiff approached the intersection, the truck pulled out directly in front of plaintiff, blocked his lane of travel, and caused plaintiff to slam into the trailer near the rear tandem wheels. US Xpress alleged that the plaintiff was speeding, inattentive, and failed to brake timely.

Plaintiff suffered a severe cut to his right, little finger that led to amputation of the finger. Plaintiff underwent surgeries to his right finger, neck, and back, and continues to suffer from headaches and associated psychological injury.

Daylight Savings Time & The Difference an Hour Makes

November 3, 2022 | by Broussard, David & Moroux

Daylight Savings Time ends this Sunday, November 6. Many of us look forward to this time of year and are welcome to the idea of gaining an extra hour of sleep. It may seem like Daylight Savings only affects our sleep schedule and the sun going down earlier, but studies have shown there’s more to it than that.

Studies have shown a direct correlation between the time shift and motor vehicle crashes. In March, we lose an hour of sleep. Our sleeping patterns are disrupted, leading to many drowsy drivers getting on the road for their daily commute. Though we gain an hour of sleep come November, there are still legitimate risks that come with it.

Daylight Savings Time ending means it gets dark outside earlier, which limits visibility during our typical afternoon or evening commute home. This increases the risk that drivers, bicyclists, and pedestrians will be involved in an accident.

Helicopter Crash in the Gulf of Mexico

October 28, 2022 | by Broussard, David & Moroux

The U.S. Coast Guard received a call at 6:35 P.M. on Wednesday from Westwind Helicopter Inc. personnel confirming a company helicopter crashed into the Gulf with three people aboard. The crash occurred 46 miles offshore near Morgan City.

The Coast Guard District Eight watchstanders coordinated the launch of a Coast Guard Air Station New Orleans MH-60 Jayhawk aircrew and diverted an Aviation Training Center Mobile HC-144 Ocean Sentry aircrew to assist. The Jayhawk aircrew arrived and found two crewmembers hanging onto life rafts. These two crewmembers were hoisted from the water. The body of a deceased third crewmember was found in the fuselage of the submerged helicopter.

The two surviving crewmembers were transferred to University Medical Center New Orleans and were last reported to be in critical condition. The cause of the incident is still under investigation.

The Department of Interior Proposes a New Rule to Strengthen Offshore Safety

October 27, 2022 | by Broussard, David & Moroux

On September 12, 2022, the Department of Interior announced a new proposed rule to ensure offshore oil and gas operations on the Outer Continental Shelf are conducted with the utmost safety and oversight standards. This proposed rule builds on reformed instituted by the Department since the Deepwater Horizon tragedy that killed 11 offshore workers and caused billions of dollars of damages.

Following the Deepwater Horizon incident in 2010, the Bureau of Safety and Environmental Enforcement adopted several recommendations from multiple investigative teams to improve the overall safety of offshore energy operation. The BSEE Director Kevin M. Sligh Sr. says the proposed revisions “will protect workers’’ lives and the environment from the potentially devastating effects of blowouts and offshore oil spills.”

To further protect human lives and the environment, the Department is proposing revisions that would: