Brain Injury

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.

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%.

What Comes Next – A Glimpse into The Post-Accident Legal Process

March 26, 2021 | by Broussard, David & Moroux

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.

$16MM Verdict for Traumatic Brain Injury After Fall in Lowe’s Home Center

July 3, 2017 | by Broussard, David & Moroux

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.

$1.4 Million Jury Verdict for Injured Railroad Worker

December 7, 2016 | by Broussard, David & Moroux

Jerome Moroux of the law firm Broussard, David & Moroux 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.

First Annual Bicycle Safety Festival! June 4 from 9 am-12 pm @ Parc Sans Souci-Downtown Lafayette

May 18, 2016 | by Broussard, David & Moroux

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 & Moroux. 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 & Moroux, 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 & Moroux hope that — through education and training — the roads will be safer for bicyclists, motorists and pedestrians alike.

Bicycling Teen Killed By Speeding Motorist

December 15, 2015 | by Broussard, David & Moroux

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.

Two Motorcyclists Pronounced Dead After Collision with 18-Wheeler

December 8, 2015 | by Broussard, David & Moroux

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 Yield Leaves One Dead

December 1, 2015 | by Broussard, David & Moroux

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.