Louisiana Lawyer Blog

Derek Aswell successfully obtained $2.5 million for client left with catastrophic injuries

July 19, 2024 | by Broussard, David & Moroux

Our attorney, Derek Aswell, recently obtained $2.5 Million for his client in a products liability case. The client is still recovering from extreme injuries due to a machine malfunction on the job site but received favorable compensation thanks to Derek’s thoroughness on the case.

The plaintiff involved was a superintendent equipment operator who was subcontracted to crush rocks for a wind turbine farm in Texas. The cause of the accident occurred when rock material obstructed the machine which prevented it from operating properly. The plaintiff powered off the crushing chamber before attempting to clear the obstruction, but the rotor of the machine suddenly free- spun, sending the plaintiff through the crushing chamber. This incident caused horrific and life-threatening injuries.

Thanks to Derek and his team’s hard work and excellence on the case, he helped his client hire experts in design and biomechanics to prove the machine was dangerously designed and that the injuries were caused by the chamber. The case ultimately resulted in a $2.5 Million verdict for the plaintiff.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Richard Broussard Inducted into the 2024 Lafayette Bar Association Hall of Fame

July 10, 2024 | by Broussard, David & Moroux

UPDATED 7/11/2024- Richard C. Broussard, a founding partner at Broussard, David & Moroux, focusing in personal injury practice, has been selected for the Lafayette Bar Association (LBA) Hall of Fame class for 2024.

Broussard’s induction into the LBA Hall of Fame is a recognition of his exemplary career as an attorney, dedicated service to the community, and participation in the Bar. The Lafayette Bar’s recognition also states the purpose is to award those attorneys and members who exemplified the Lafayette Parish legal community’s rich tradition of producing highly skilled lawyers and community servants.

“Richard is our firm’s North Star. The way he practices law—his unwavering pursuit of justice; his attention to detail; his integrity—embodies the standard by which all of us here at the firm measure ourselves. This well-deserved honor means that the community sees Richard the way we all do here. We are so proud of him.” said Jerome Moroux, partner at Broussard, David & Moroux.

National Forklift Day: Case Highlight

June 12, 2024 | by Broussard, David & Moroux

Recently, we told you about how a lawsuit resulted in the recall of over one million bikes with a serious flaw that paralyzed our client. This made cyclists across the country safer. Now we look at how another client’s case revealed a critical workplace hazard.

A Louisiana resident was focused on his work near a large industrial forklift when suddenly the heavy steel fork dislodged striking his hard hat. He was instantly paralyzed for life.

The forklift manufacturer blamed the tragedy on the employer’s maintenance practices and said the design was safe. Through intensive investigation and discovery depositions we learned that there was an error in the specification of the fork. The dimensions of the fork specified in the manufacturer’s catalog allowed it to slip off spontaneously.

Tragic bike case handled by Richard C. Broussard leads to groundbreaking discovery

May 31, 2024 | by Broussard, David & Moroux

A Louisiana resident was treating his son and a friend to a school break cycling trip in another state. A few minutes after renting a new high tech bike from a prominent shop, his healthy lifestyle suddenly ended in a tragic crash-he was paralyzed from the neck down forever. We took him in as our client in pursuit of justice.

In our investigation, the manufacturer said the front wheel had disengaged somehow because of our client’s fault even though the new bike had just been inspected by the dealer and he had only ridden a short distance. They couldn’t identify his fault but somehow they claimed our client caused the accident. They had tested the bike after the accident and said the accident could not have happened as our client described and nothing was wrong with the bike.

Through a court proceeding and independent experts retained by our team of counsel, we learned that the manufacturer had repeated the bike failure as our client had described multiple times in the presence of its own engineers. They then hid the evidence of the defect. The compatibility of various components of the wheel had never been tested. With no input from a rider the front wheel could suddenly seize catapulting the rider over the handlebar onto his helmet breaking his neck.

Broussard, David & Moroux’s $25,000 Match pushed the local Boys & Girls Club to reach their goal of $50,000 for SOLA Giving Day

May 29, 2024 | by Broussard, David & Moroux

The Community Foundation of Acadiana’s South Louisiana Giving Day (SOLA) occurred last week, and Broussard, David & Moroux took part by supporting to a cause close to the heart of the firm.

“The Boys & Girls Club of Acadiana takes great care of so many people in our community, including many of our clients and their children,” said Partner Blake David. “As a firm who works tirelessly to help good people, it feels as though our missions are connected.”

Service is a core value for the Broussard, David & Moroux law firm. We enjoy supporting the Boys & Girls Club of Acadiana and other local charities, knowing that their efforts make our community and future brighter.

Robert Brahan awarded $2.2 MM jury verdict

May 22, 2024 | by Broussard, David & Moroux

On April 2, 2021, an rental company employee parked his 18-wheeler on the right shoulder of Eraste Landry Road in Lafayette so that he could retrieve a forklift located down a private driveway off the right side of the road. His intent was to pull the forklift onto Eraste Landry Road, drive on the roadway to the back of his 18-wheeler, and load the forklift onto the flatbed trailer of his 18-wheeler.

When the 18-wheeler driver got to the end of the driveway and prepared to make a left hand turn onto the roadway, his 18-wheeler blocked his view of oncoming traffic and prevented approaching vehicles from seeing the forklift. Ignoring his obstructed view and without providing any warning to approaching drivers, he pulled the forklift onto Eraste Landry and crashed into the passenger side of plaintiff’s vehicle. Following the initial impact, our client crashed into a street sign and skidded to a stop on the side of the road.

As the result of the collision, our 41-year-old client suffered injuries to his cervical and lumbar spine including bulging discs at C3-4, C4-5, and C5-6 and a herniation at L4-5. Our client’s initial treatment included chiropractic care, physical therapy, and prescription medication that failed to resolve his symptoms. By April 2022, his treating doctors told him that he had two treatment options going forward: epidural steroid injections and surgery.

J. Derek Aswell, jury trial results in successful client representation

May 22, 2024 | by Broussard, David & Moroux

I was fortunate and honored to represent my clients. Due to the negligence of a truck driver that failed to stop after losing a tire on Interstate 10, my client’s life changed forever, as a loose tire struck the front of his truck sending it airborne.

My client was forced to make a difficult choice that is all too common with our clients: undergo the recommended neck surgery, or continue to provide for his family while working in horrible pain. My client showed toughness and dedication by choosing the latter so that his family had financial security.

Further, my client’s treating physicians and family played a vital role in the jury’s verdict through their testimony. His doctors described in detail the severity of my client’s injuries, while his family testified how this horrible accident completely changed how my client lived his life. The dancing, dirt bike and fishing enthusiasts no longer performed those activities because of his injuries he sustained in the September 1 , 2020 accident.

Jerome Moroux obtains $23-million-dollar settlement

May 6, 2024 | by Broussard, David & Moroux

Jerome H. Moroux, partner at Broussard, David & Moroux, recently obtained a $23-million-dollar settlement for personal injury claims stemming from a motorcycle accident. The settlement was one of the largest in the firm’s history, and a career high for Moroux.

The accident was caused by a delivery driver who, while driving on Interstate 49, suddenly changed lanes into the plaintiff’s motorcycle. The plaintiff was thrown nearly 250 feet before finally landing in a ditch near the highway. The plaintiff suffered numerous severe injuries, including a traumatic brain injury. Before trial, Moroux successfully moved the trial court to find that the defendant driver was 100% at fault in the crash.

The plaintiff’s physicians determined that he would need treatment for the rest of his life, including eventual inpatient care due to the likely progression of his brain injury. Though the defendant worked to minimize the severity of the client’s injuries, Moroux fought for his client’s treatment needs.

Where We Stand: Louisiana Updated DWI Bill to Prevent Impaired Driving

March 1, 2024 | by Broussard, David & Moroux

Last Thursday, great strides were made in Louisiana towards preventing impaired drivers and ensuring better road safety in our area. Senate members unanimously approved a new bill requiring the use of ignition breathalyzers in vehicles for six months following a person’s first DWI conviction.

The Interlock devices work by requiring drivers to breathe into them in order to start the vehicle’s ignition and can detect BAC below a pre-set limit of 0.02—the equivalent to one alcoholic beverage. In Louisiana, the Blood Alcohol Content (BAC) is 0.8, meaning that any driver with a BAC over the limit is considered intoxicated under the law. If properly set up, the Interlock devices will prevent driving before the legal limit is reached, making it improbable to drive drunk.

According to the CDC, Ignition breathalyzers or interlock devices reduce repeat offenses by 70%.