Louisiana Lawyer Blog

Blake David’s outgoing “Letter from the President” – Louisiana Association for Justice

August 5, 2022 | by Broussard, David & Moroux

Musings of a Trial Lawyer Waiting For the Jury (August 2022)

“As I type this note, my last submission as President of the LAJ, I am awaiting the response of eight jurors in the Western District of Louisiana. Their verdict will have to be unanimous. This venire and jury were a trucking defense lawyer’s dream – truck drivers, dispatchers, logistics folks, insurance company employees. The jurors we ended up getting did not look great on paper, but I’m hopeful they came in open-minded. After a week of trial, I have no idea how they received the evidence I presented.

Rough week. Gave a home hum opening, fought through some tough admissibility issues throughout the trial, and just wrapped up with a decent but not spectacular closing. Violated my first rule of openings/closings – used some notes as reminders to make sure I covered all of the issues. It ruins the flow. I know better. I talked too fast. Again.

Two Bicyclists Involved In Crash Within One Week

July 25, 2022 | by Broussard, David & Moroux

A bicyclist was struck by a vehicle on Thursday night on LA-98 and LA-93.

Authorities reported that a 67-year-old male was hit by an SUV and thrown off of his bicycle. He was stopped in the westward lane on LA-98 facing east when a 2010 GMC Terrain SUV hit the cyclist while traveling west on LA-98.

The bicyclist was pronounced dead at the scene of the crash. The GMC SUV driver was not injured and showed no signs of impairment. The crash remains under investigation.

Bicycle Lafayette Plan – Open for Public Comment

July 22, 2022 | by Broussard, David & Moroux

Lafayette Consolidated Government recently released its master plan to make the city of Lafayette more bicycle friendly. This plan offers safer bicycling options than what Lafayette currently offers.

The plan includes:

47 miles of proposed trails and bikeways

Broussard, David & Moroux to Host Community Blood Drive on July 27

July 14, 2022 | by Broussard, David & Moroux

There is an urgent need for all blood types across the country. Every 2 seconds, there is someone who needs blood. One pint of blood can save up to 3 lives.

Broussard, David & Moroux is partnering with Vitalant to host our second community blood drive of the year on Wednesday, July 27, 2022.

The blood drive will be held at our office, located at 557 Jefferson Street, Lafayette, LA 70501 from 8:00 a.m. to 11:00 a.m.

Teenager Hit by Propeller in 4th of July Boating Accident

July 5, 2022 | by Broussard, David & Moroux

On Monday, 17-year-old Madison Bradley was riding on a pontoon boat in Blind River, driven by 33-year-old David Crowe.

Bradley, along with a male passenger, was standing on the front of the boat past the guard rails when they struck the wake of a nearby boat. They both fell overboard into the water, with the male having minor injuries; Bradley was hit by the vessel’s propeller, suffered severe injuries, and did not resurface.

Authorities were informed that there was a missing boater and Bradley’s body was found around 8 P.M.

Camp Lejeune Water Contamination Lawsuit – Claims for Veterans and their Families

June 18, 2022 | by Broussard, David & Moroux

For nearly four decades, people living or working at the U.S. Marine Corps Base Camp Lejeune in North Carolina were potentially exposed to contaminated drinking water that caused various forms of cancer along with other serious health problems. Various chemicals, including Benzene, Trichloroethylene (TCE), Perchloroethylene A/K/A Tetrachloroethylene (PCE), 1,2-Dichloroethylene (DCE), and/or Vinyl Chloride were the Volatile Organic Compounds (VOCs) found in the Camp Lejeune water.

Several health problems have been reported in people of all ages who were exposed to the contaminated water, including children who were exposed while in their mother’s womb. Through drinking, bathing, cooking, or cleaning, the contaminants are linked to the following health complications:

Bladder, Lung, and/or Breast Cancer

Our Invaluable Marsh

January 18, 2022 | by Broussard, David & Moroux

As is well known, Louisiana is losing approximately a football field of marsh every ninety minutes. The marsh not only affords us the opportunity to hunt and fish, but it also provides the invaluable service of buffering in-land property during a hurricane.

Many landowners entered into right-of-way agreements with various pipeline companies whereby promises were made to keep the canal from exceeding the width of a specified number of feet. If a landowner’s canal has exceeded the promised width, then the landowner can ask the pipeline companies to restore his marsh in accord with the terms of the contract.

For more on this subject, read the following article, which delves into how courts have evaluated restoration-of-marsh damages. Louisianans, families, and communities must be allowed to enjoy the protection and bounty of their wetlands for generations to come.

Helicopter Hits Transmission Line in Heavy Fog Causing Pilot Fatality on I-10

December 20, 2021 | by Broussard, David & Moroux

On Tuesday, December 14, 2021, a helicopter crashed on the Interstate 10 bridge over the Bonnett Carre Spillway during fog after clipping an Entergy Louisiana transmission line. The pilot, Jason Hawley, was pronounced dead at the scene. The accident briefly cut electricity to over 20,000 customers in Kenner and Metairie and caused a multi-parish traffic jam on I-10. The Bell 407 chopper was headed from Gonzales to Lakefront Airport in New Orleans to pick up passengers that afternoon.

The National Transportation Safety Board will take the lead on the crash investigation with assistance from the Federal Aviation Administration.

Broussard, David & Moroux extends their condolences to Jason Hawley’s family and friends. Broussard, David & Moroux also wants to remind all pilots to take the necessary precautions that are needed during bad weather.

The Intentional Act Exclusion and Employers’ Tort Immunity

December 18, 2021 | by Broussard, David & Moroux

When a worker is injured at work, legislators have determined that it is in society’s best interests if those medical injuries are covered as quickly as possible by Workers’ Compensation. Workers’ Comp means that the worker does not have to prove that his boss was negligent in order to get basic medical care.

However, sometimes the workplace injury was caused by one of two types of intentional acts. The first type is when a fellow worker intentionally seeks to make contact with a fellow worker, leading to the injury. Then, the worker is entitled to seek damages in a court of law and is not limited to the remedy of workers’ compensation. The second type of work-place injury that falls outside the scope of workers’ compensation remedies is when the workplace practice is substantially certain to lead to the injury.

If you are interested in learning more about what types of injuries have been deemed “intentional acts” over the past twenty years, read this article.

New Safety Rules For Storage Tanks In Louisiana

December 17, 2021 | by Broussard, David & Moroux

February 28, 2021, 14-year old Zalee Gail Day-Smith was killed near her home after an oil field tank battery exploded while she was hanging out with friends. Oil field tank batteries are storage sites for oil wells that are not connected to major pipelines. These large metal tanks can hold hundreds of thousands of gallons of crude oil, and can give off flammable fumes. Zalee Gail Day-Smith and her friends would frequently hang out around these tanks where there was no fence, gate, or warning signs.

Despite not knowing exactly what happened at the site when Day-Smith died, new rules have been put in place to minimize the chance of it happening again.

Tank sites within 500 feet of a home or highway, 1,000 feet of a church or school, or anywhere within the limits of a town, city or village must follow these rules: