Louisiana Lawyer Blog

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:

False River Boating Accident Leaves Three Children Injured

August 12, 2021 | by Broussard, David & Moroux

On Sunday, August 9, 2021, a party barge reportedly operated by a Lafayette resident hit a group of children on an inner tube on False River. The children ranged in age from 8 to 14. The boater(s) reportedly fled the scene of the accident. Investigators say that the driver of the boat went home and refused to take a sobriety test. The Department of Wildlife and Fisheries is investigating the incident. Although there were no fatalities, one of the children was airlifted to a Baton Rouge hospital and may face prolonged recovery time.

Broussard, David & Moroux reminds boaters and spotters to be vigilant when operating a vessel and/or pulling a tube. Further, please take boater education safety courses offered for free at the Louisiana Department of Wildlife & Fisheries website: https://www.wlf.louisiana.gov/page/boater-education.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle boating and tubing incident cases and will fight to obtain fair compensation for the injuries of yourself or your loved ones. If you, or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

Distracted Driver Causes Accident Leading to Death of Sheriff’s Deputy

July 27, 2021 | by Broussard, David & Moroux

On Friday morning, Deputy Lonnie Thacker of the Caddo Parish Sheriff’s office responded to a two vehicle car accident on I-49 northbound. While sitting in the right lane with the emergency lights on, Deputy Thacker’s patrol vehicle was struck from behind by a Kia Sorento, causing both vehicles to veer off the road. Deputy Thacker was inside the vehicle at the time and was pronounced dead at the scene. The driver of the Sorento was taken to Oschner Hospital and reported only minor injuries.

The Caddo Sheriff’s office has turned over the investigation to the Louisiana State Police. Impairments are not expected to a contributing factor, but the State Police believe distraction to the driver is the cause of the accident.

Broussard, David & Moroux extends their condolences to Deputy Thacker’s family and friends as well as the Caddo Parish Sheriff’s office.

An Oil Tank Explosion leaves One Injured with Burns in Lafourche Parish

July 8, 2021 | by Broussard, David & Moroux

Late last month, a tank owned by Texas Petroleum exploded on Catfish Lake near Golden Meadow. The United States Coast Guard responded to a call by sending a helicopter and a locally stationed unit. Local Firefighters and state hazardous materials units also responded, successfully dousing the fire.

During an evacuation, one person was injured, suffering burns to his body. The person was transported to Terrebonne General Hospital where he was stabilized. Authorities established a three quarters of a mile perimeter around the explosion, but put out the fire before any residents were threatened.

The tank held crude oil before the oil was to be sent into the pipeline system. The cause of the fire is under investigation.

Two Fatal Crashes on Interstate 10 on the Same Day Close the Interstate in Both Directions

July 6, 2021 | by Broussard, David & Moroux

On July 6, 2021, Interstate 10 was the location of two fatal car crashes, which occurred about thirty miles from each other. For approximately two hours, I-10 experienced closures in both the east and west bound lanes.

The first occurred earlier in the day around 8:00am. Near mile marker 92 near Duson, an 18-wheeler truck going westbound crossed into the eastbound lane and struck a truck pulling a livestock trailer head on, causing the 18-wheeler to overturn into the median. This multi-car crash resulted in two fatalities and five injuries- the identities of the victims have not been reported at this time. All westbound lanes on I-10 near miler marker 92 were closed until about 4:00 that afternoon.

The second accident occurred around noon at mile marker 69 between Jennings and Egan. Though information of the crash has not been released, Louisiana State Police has reported that the interstate-closing crash in the eastbound lanes was fatal. After about two hours, the eastbound lanes were cleared.

Tire Failure leads to a Texas Man’s death and injuries for 4 Others in Lafayette Parish

June 15, 2021 | by Broussard, David & Moroux

A single car crash in Lafayette parish claimed the young life of Juan Carlos Hernandez of San Antonio, Texas. On June 1, 2021, the driver of a pickup truck with four passengers lost control of the vehicle following a sudden tire failure. The truck exited towards the median and overturned near mile marker 99 on Interstate 10, coming to rest on its side.

The driver and front seat passengers wore their seatbelts and experienced moderate injuries. The two backseat passengers also experienced moderate injuries, though, they were unrestrained by seatbelts. The 29-year-old Hernandez was not restrained and was ejected from the vehicle. He was pronounced dead at the scene.

Though officers took standard toxicology samples, Louisiana State Police do not suspect impairment to have caused the accident.

Several workers injured after explosion in Gulf of Mexico

May 25, 2021 | by Broussard, David & Moroux

MORGAN CITY – As many as eight people were hurt in an explosion reported at a natural gas well in the Gulf of Mexico Tuesday afternoon.

Authorities said the incident was reported sometime before 3 o’clock after a well ignited. The victims reportedly suffered varying burn injuries in the explosion.

The patients were taken by boat to a dock in Morgan City. Helicopters were expected to land there to move those victims to a hospital.

Seatbelt Safety

May 7, 2021 | by Broussard, David & Moroux

According to U.S. Dept. of Transportation, seatbelts saved approximately 15,000 lives in 2017. Wearing a seatbelt is one of the safest choices drivers and passengers can make. Here are a few reasons why it is so important to wear your seatbelt:

Air bags are not enough – just because your vehicle has air bags does not mean you can skip the seatbelt, still wear it.
It can reduce injuries – wearing your seatbelt reduces your risk of sustaining injuries like whiplash and other head injuries.

Tragic Crash Claims Life of 6-year-old Child in Calcasieu Parish

May 5, 2021 | by Broussard, David & Moroux

An afternoon crash claimed the life of a 6-year-old child in Calcasieu Parish. A vehicle ran a stop sign and collided with an SUV cause the SUV to flip several time before landing in a ditch. The 6-year-old child was unrestrained in the SUV and was ejected from the vehicle during the crash. Drivers of both vehicles sustained minor injuries with the additional minor passengers in the SUV sustaining no injuries. Impairment is not suspected in this crash.

Broussard, David & Moroux offer their condolences and sympathy to the family and friends during this difficult time.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you, or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).