Articles Posted in Brain Injury

A slip and fall accident in Las Vegas, Nevada resulted in an eleven-day trial where the jury returned a verdict of more than $16 million to a plaintiff who fell in a Lowe’s Home Center, fracturing her skull and causing a hemorrhage in the front of her brain. Because of her injuries, she has suffered from multiple long-term medical issues such as chronic neck pain, headaches, anxiety and depression, issues with balance, and she has forever lost her senses of taste and smell.

On the date of the fall, the plaintiff, Kelly Hendrickson, was walking through a Lowe’s garden department when she was purchasing plants for her new home. At the same time, the watering system for the plants in the store created puddles in the areas where customers walked. Although a warning cone was placed within the puddle itself, there were no warnings in the surrounding areas of the puddle and the cone was not visible to Hendrickson when she turned the corner into the aisle where she fell.

After plaintiff’s fall, three different Lowe’s employees passed her without offering to help. Another customer and her daughter came to her aid. As Hendrickson waited for further help to arrive, she asked for a bottle of water, which the cashier required her to purchase. Help arrived and she was taken to the hospital. Upon examination in the emergency room, medical professionals discovered her injuries, including a skull fracture and subarachnoid hemorrhage.

Jerome Moroux of the law firm Broussard & David, LLC recently obtained a jury verdict of over $1.4 Million on behalf of a railroad worker who sustained significant injuries when an unsecured steel rail fell onto him.

Plaintiff was a truck driver on the railroad.  As the truck driver, plaintiff was responsible for securing each steel rail individually as it was loaded on to the truck from the rail yard; however, on the day of the accident, plaintiff and the foreman loaded several rails without tying them down, intending to secure them all at once. Discovery indicated that the foreman was lax about safety oversight and that his crews routinely did not secure rails in the manner the railroad required.

While plaintiff’s foreman was operating the crane, the boom struck an unsecured rail, causing the rail to fall from the truck. The rail grazed plaintiff’s back, causing plaintiff to fall and strike his head. Plaintiff suffered a fractured ankle, a deep bruise/hematoma in his lower back, and a concussion. Over the course of two years, plaintiff underwent surgical repair of his ankle, as well as extensive treatment for his seroma/wound care in his lower back.  Additionally, plaintiff underwent a two level ACDF and treatment for post-concussive syndrome and anxiety and depression.  Plaintiff’s treating physicians testified that he would be restricted to light duty and more likely than not would need a back surgery sometime in the future.  A vocational rehabilitation counselor testified that plaintiff would not be able to return to work on the railroad.

FLYER- 8.5x11

The first annual Bicycle Safety Festival will be held on June 4th from 9am-12pm at Parc Sans Souci in downtown Lafayette. The Bicycle Safety Festival is presented by Lafayette Consolidated Government, Bike Lafayette, and Broussard & David, LLC. There will be free adult and youth bicycle helmets for the first 300 participants, free bike registration, free safety training and instruction, and participants are eligible to win a free bicycle (valued at $300 – courtesy of Hub City Cycles). Additionally, there will be food, refreshments and musical entertainment by Zydeco Radio.

In Acadiana, there have been far too many cyclists injured in preventable bicycle accidents. The aim of this event is to help cyclists and motorists become more knowledgeable about bicycle safety and the rules of the road. As Lafayette Consolidated Government embraces more bicycle lanes and smarter growth, bicycle awareness is becoming even more essential.

Broussard & David, LLC, a law firm located in downtown Lafayette, has a great deal of experience in representing people catastrophically injured in bicycle related accidents. In sponsoring this event, the partners at Broussard & David, LLC hope that — through education and training — the roads will be safer for bicyclists, motorists and pedestrians alike.

A Gonzales man is being charged with negligent homicide over the death of a Baton Rouge high school freshman last Wednesday.

On December 9, Brennan Rube, 14 years old of Prairieville, was bicycling on LA-73  when he was struck by a 2000 Dodge truck driven by Joshua Ashford, 26-years-old of Gonzales.  The force of impact flung Rube from his bicycle.  He was not wearing a helmet and died at the scene.  The crash happened around 6 p.m., according to Louisiana State Police.

Both vehicles were traveling in the same direction and Rube was struck by the front right side of Ashford’s truck.  According to the police report, Ashford was speeding on a road with a posted speed limit of 45 miles per hour.  Police do not suspect Ashford of being impaired at the time of the accident, however a routine toxicology test is pending.

A three-vehicle crash in Delcambre resulted the death of an uncle and nephew from Abbeville, according to police reports.

On November 26, 2015, Jones Mitchell and Gerald Mitchell were traveling west on Suzuki motorcycles on LA 14 and approaching an east-west crossover.  An 18-wheeler, driven by Earnest Comesana Jr.,  was traveling east on LA 14 and approaching the same crossover.   Comesana turned left into the crossover to begin traveling east and the Mitchells were unable to avoid colliding with Comesana’s trailer as it entered their lane of travel.

Although the Mitchell’s were wearing Department of Transportation-approved helmets, both received fatal injuries as a result of the collision and were pronounced dead at the scene by the Iberia Parish Coroner’s Office.  Comensana was properly restrained at the time of the crash and received no injuries.

Failure to obey a stop sign and suspected driving under the influence has lead to the death of a Ventress man last Friday.

Louisiana State Police has not completed its investigation, but according to initial findings, 27-year-old Nicholas Porche was driving westbound on Section Road in a white Sierra while Michael Holmes, 53-years-old of Ventress, was driving south on Beuche Road in a red F-150 around 5:30 on Friday, November 20.  The crash took place at the intersection of both roads near Erwinville.

According to officials, Porche ran the stop sign at the intersection of Beuche and Section, causing the accident.  Holmes was pronounced dead at the scene by the West Baton Rouge Coroner’s Office.  Porche was wearing his seat belt at the time and received minor injuries, but refused aid.

Blake David

Blake David of Broussard & David, LLC, 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, LLC. 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).

 

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.

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.

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.