General Negligence

Barge Owners Sued Over Asbestos-Related Death

April 14, 2016 | by Broussard, David & Moroux

On March 29, suit was filed in United States District Court for the Eastern District of Louisiana by Kathryn Swanson, both individually and as special administrator of Denis I. Swanson, her late husband. Swanson has alleged breach of duty and negligence on the part of McDermott International Inc. and McDermott Inc., claiming that they are at fault for the death of her husband.

According to the suit, Denis Swanson work on derrick barges owned by the defendants and was under their employ for approximately twenty years, from 1977 to 1997. The suit posits that it was during this time that Swanson was exposed to asbestos, suffering personal injuries and eventually death due to the negligence of the defendants and the unseaworthiness of their vessels.

The complaint states that the defendants failed to maintain their vessels and equipment in a safe and reasonable condition, failed to warn of the dangers of asbestos exposure, failed to provide safe and proper protective equipment, and failed to design, construct, repair, and maintain their vessels in a safe manner.

Alleged Boat Collision Leaves Man Injured, Leads to Lawsuit

April 5, 2016 | by Broussard, David & Moroux

Anthony Buffinet was aboard the Cry Baby, the fishing vessel Cry Baby, when it was struck by another vessel, according to the suit filed by Buffinet on March 29 in the United States District Court for the Eastern District of Louisiana.

Purportedly, on March 25, 2013, the Cry Baby, owned and operated by Buffinet, was moored at dock in Leeville when it was struck by the DMO Resolve, owned and operated by Dale Martin Offshore LLC. Buffinet’s suit names Dale Martin Offshore LLC as the defendant, asserting that the fault of the matter is their’s as they failed to maintain proper course and speed, failed to take preventative measures in averting the collision, and negligently operated their vessel.

In addition to damaging the Cry Baby, Buffinet himself was allegedly injured to such a degree that he has been unable to perform his usual duties and has been rendered disabled. Additionally, he has suffered financial loss and mental pain.

Prank Played On Offshore Worker Allegedly Results in Cancer, Suit

March 30, 2016 | by Broussard, David & Moroux

Sometimes, it is the smallest things that leave the largest impact. On or about March 14, 2014, Brent Little was an employee of Halliburton Energy Services Inc. and serving on the Liftboat Vanessa in the Gulf of Mexico. It was at this time that a prank was allegedly played on Little. John Barrow, a fellow crewman, allegedly slipped red tracer dye into Little’s boot. According to reports, Little wore the tampered boot for 14 hours that day and, upon removing the boots, heard laughter and noticed pink footprints on the floor. The die stained Little’s foot for three weeks and it was at this time that Little was informed that red tracer dye was a carcinogen.

Flash forward more than a year to May 16, 2015, when Little was involved in an automobile accident, the fallout of which required him to take a CT scan. According to Little, the scan revealed he had thyroid cancer, forcing him to undergo a thyroidectomy and the removal of lymph nodes.

Little filed suit on March 14 of this year in the United States District Court for the Eastern District of Louisiana against Halliburton and John Barrow, citing negligence. After the initial incident, Halliburton launched an investigation and found John Barrow responsible for the prank. One such reason for Little suing Halliburton in addition to Barrow is likely that the jar of red tracer dye in question was under the care and custody of Halliburton, yet it was stored in the crew’s living quarters and had no label or warning signs that identified it as hazardous.

Woman Files Suit Over Alleged Cancer-Causing Products

March 29, 2016 | by Broussard, David & Moroux

Several corporations and other defendants have been taken to court by a New Orleans woman who claims to have developed ovarian cancer after using defendants’ products.

Paula Jackson filed suit in the United States District Court for the Eastern District of Louisiana New Orleans Division on March 16, naming Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Luzenac America Inc., Rio Tinto Minerals Inc., John Does/Jane Does 1-30, and other businesses and/or corporations, whose identities and involvement are as of yet unknown, as defendants. The Doe defendants are representatives of the corporations whose conduct allegedly caused or contributed to the damages of the plaintiff.

The issues of this case primarily revolve around products containing talc, which defendants Johnson manufactured and defendants Luzenac and Rio have continually marketed as safe for human use. From about 1974 to 2015, Jackson applied defendants’ products to her groin for feminine hygiene purposes, which is a foreseeable use of such products based on their advertising according to the suit. On September 27, 2015, Jackson was diagnosed with ovarian cancer at the age of 62. Prior to this diagnosis, she allegedly did not have any of the risk factors normally associated with such a disease.

Man Suffers Amputation Due to Allegedly Defective Device, Files Suit

March 15, 2016 | by Broussard, David & Moroux

A veteran of both the New Orleans Police Department and the Vietnam War is suing 3M Co. due to an alleged defect in its Bair Hugger Blanket Device that lead to the amputation of his leg.

Lee Edward Peyton filed suit in the U.S. District Court for the Eastern District of Louisiana on March 4 against 3M Co. and Arizant Healthcare Inc., alleging breach of express warranty, design defect, and liability under the Louisiana Products Liability Act.

According to the suit, Peyton underwent total knee joint replacement surgery in his left knee at Omega Hospital in Jefferson Parish. During the surgery, a Bair Hugger blanket was used keep Peyton warm. The device utilizes a portable heater/blower connected by a flexible hose to a disposable blanket that is placed on or under a patient to keep them warm by blowing hot air through the tube and blanket onto the patient.

Pharmaceutical Company Sued Over Drug Causing Birth Defects

March 8, 2016 | by Broussard, David & Moroux

GlaxoSmithKline LLC, the makers of Zofran, have been sued in federal court by a couple claiming that taking Zofran during pregnancy caused birth defects in their son.

Sicily Lafleur and Justin Lee Thibodeaux, both individually and as parents and natural tutors of their son, Kaden L. Lafleur, a minor, filed suit against GlaxoSmithKline LLC on February 23 in the U.S. District Court for the the Western District of Louisiana, Lafayette Division. The claims cited are negligence, misrepresentation, fraud, and breach of implied and express warranty.

According to the suit, Lafleur was prescribed Zofran in the beginning of her first trimester to alleviate morning sickness by her health care provider in Lafayette. The product of that pregnancy, Kaden L. Lafleur, was born on November 7, 2012, with congenital heart defects. The plaintiffs allege that these defects are a direct and proximate result of Kaden’s prenatal exposure to Zofran. As a result of these defects, Kaden purportedly required surgery immediately after birth as well as extensive follow-up treatments.

Worker Sues for Injuries Allegedly Sustained on Job

March 1, 2016 | by Broussard, David & Moroux

After allegedly suffering a work injury, Lloyd Willis, an employee of United Fire & Safety, filed a lawsuit against Woods Group PSN Inc., Energy XXI USA Inc., and JNET LLC in the United States District Court for the Eastern District of Louisiana on February 16, citing negligence and failure of obligations.

According to the suit, on or about June 14, 2015, Willis was being transferred from a platform to the JNET vessel via a personnel basket attached to a crane. JNET is owned by Energy XXI and was located in South Timbalier Block 26A in the Gulf of Mexico. Willis alleges the basket struck the vessel with such force as to cause injury, and that the named defendants acted in a negligent manner when they failed to observe safety measures, failed to exercise reasonable care, and failed to provide proper tools and a safe work environment.

As a result of the blow, Willis allegedly suffered a possible ruptured disk, nerve damage, injuries to his bones, muscle joints, and organs, as well as general body trauma and resultant medical expenses.

Wrongful-Death Suit Filed In Relation to Parade Incident

February 17, 2016 | by Broussard, David & Moroux

An incident during last year’s Krewe of Excalibur Carnival parade in Metairie has resulted in civil repercussions. Don J. Dauzat, 52, was struck and killed by an allegedly drunk motorist who was purportedly pursued by a Jefferson Parish Sheriff’s Deputy at the time. Now, Dazuat’s family has filed a wrongful-death suit in the 24th Judicial District Court in Gretna, naming the Jefferson Parish Sheriff’s Office, Excalibur, King Arthur, PFJ Float Co., and others as defendants.

According to the suit, Dauzat had finished dropping off the float he was pulling for the Excalibur parade and was transporting a tractor to a staging area for the Knights of King Arthur parade. It was at this time, about 2:50 a.m., that he was struck by a 2002 Ford Explorer driven by Michael Burrle near Lapalco Boulevard and Paxton Street in Harvey. The impact caused the tractor to roll approximately 70 feet and flung Dauzat from it, resulting in severe injuries to his skull and brain. He was transported to a New Orleans hospital but died less than a day later from his injuries.

Burrle was booked on suspicion of DWI and was eventually charged with vehicular homicide to which he plead not guilty.

Lack of Crane on Barge Allegedly Results in Injury

February 15, 2016 | by Broussard, David & Moroux

A project supervisor is suing multiple companies for injuries allegedly sustained on a barge-loading job.

Dale E. Loveall Jr., individually and on behalf of his minor child, Sadie Loveall, and Robin Loveall, filed suit January 28 in the United States District Court for the Eastern District of Louisiana against multiple defendants. Nordic Underwater Services Inc., AMI Consulting Engineers P.A. Inc., ADM Grain River System Inc., and Archer-Daniels-Midland Co. are alleged to have negligently caused Loveall Jr.’s injuries.

The complaint states that the Loveall Jr. was hired by the defendants on or about February 18, 2015 to fix the pilings of the ADM Dock in Destrahan on the Mississippi River. It is further asserted that Loveall Jr. was appointed project supervisor and was part of the crew of the American 12, a vessel owned by ADM or ADMC and provided by Nordic and/or AMI. One of the tasks was required for the project was the transport of items from the American 12 to a barge. According to the suit, the barge did not have a crane which required the crew, including the plaintiff, to lift all equipment, including several thousand pounds of cement bags, out of the American 12, above their heads, and onto the barge.

18-wheeler Incident on Parade Route Leaves Four Injured

February 2, 2016 | by Broussard, David & Moroux

A New Orleans parade route had a bit of an interruption on Friday, January 29, when an 18-wheeler struck a tree along the route. The impact caused a large branch to fall on six people, injuring four.

The four Oshun and Cleopatra attendees were treated for minor injuries, according to New Orleans Police Department. Local fire department and emergency personnel were also on the scene, which occurred at the intersection of Amelia Street and Saint Charles Avenue.

According to nola.com, a witness stated that it looked like the driver was attempting to avoid the crowd when he struck the tree at around 7:50 p.m. A city clean-up crew arrived to cut and transport the branch to clear the street. The work was completed at around 10 p.m.