Articles Posted in Premises Liability

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.

A lawsuit was filed in the 24th Judicial District Court in Gretna, LA over an alleged dog attack which took place in March of this year.

Kevin Karrigan, a United States Postal Service employee, has sued Louis Alonso Gomez and ABC Insurance Co. for injuries sustained when Gomez’s dog purportedly bit Karrigan.

According to the suit, Karrigan was delivering mail on Presidential Street in Jefferson Parish when Gomez’s dog escaped its enclosure and attacked Karrigan. The suit claims that the fence enclosing the dog was defective, which allowed the animal to escape. The complaint further alleges that Gomez negligently failed to maintain the fence in a working manner, failed to maintain control of his dog, and failed to provide a warning of the danger.

Two Baton Rouge siblings were killed last week when their vehicle was struck by an oncoming train. Byron Henderson, 41, and Myra Henderson, 42, were driving their SUV westbound on Dorcy Road in White Castle, LA when it came to a complete stop while atop of the railroad tracks. The crossing is not outfitted with warning lights or crossing guards.

Union Pacific, the owners and operators of the train, allege that the train’s horn was blown continuously for  forty seconds prior to the collision. The Iberville Sheriff’s Office is still looking into why the vehicle was parked on the railroad tracks.  Investigators are hoping that footage from the train’s front-mounted cameras will shed more light on this event.

Union Pacific is cooperating with the Sheriff’s Office by conducting their own investigation into the events of that day.  While it is not currently know what speed the train was traveling at the time of impact, Union Pacific spokesperson Jeff DeGraff confirmed that their trains’ speed is limited to 60 mph in that area.

Several major oil companies, including Chevron, ConocoPhillips, and Shell Oil, were recently named as defendants in a lawsuit filed in Gretna, La.  Hiemie Payne filed suit in the 24th Judicial District Court, alleging failure to inform the plaintiff of danger, failure to mark an area as dangerous, and overall negligence and carelessness.

The complaint states that Payne was an employee of Commercial Pipeline Services for three years during the 1980s.  During that time, he fulfilled a number of duties for the named companies, and was allegedly exposed to dangerously high levels of radioactive scale from products manufactured by the defendants.  Also, Payne claims that he was further injured due to the exposure to radiation in the form of aerosolized dust.

Suits of this nature pose a unique challenge, as plaintiffs must prove specifically which defendant caused him injury at what time in order to get a satisfactory verdict.  It is made that much more difficult that it took place three decades ago. The attorneys at Broussard & David 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 to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

After a routine mosquito abatement flight, an airplane crash that left two dead will likely lead to changes at a Slidell airport.

Wayne Fisher, 68, and Donald Pechon, 59, were found dead after another pilot reported seeing a spark of electricity from high-power transmission lines near the Slidell Municipal Airport followed by a plume of flame just north of a runway.  The pilots collided with the transmission towers, according to a preliminary report by the National Transportation Safety Board.  The report notes that it was a calm, clear night at the time of the crash, with visibility at 10 miles.  According to Airport manager Richard Artigue, both men were experienced pilots and Fisher was a reserved deputy with the St. Tammany Parish Sheriff’s Office and flew helicopters in that capacity.

The primary factor in the crash, appears to be the location of the towers in relation to the airport.  Even though the towers conform to Federal Aviation Administration regulations, Artigue reported that local officials have long recognized the potential safety hazard.   While the only other fatal crash at Slidell Municipal Airport occurred in 1974, the April 19 crash has compelled officials to address the relocation of the transmission lines. As Artigue noted, the airport is used by far less experienced pilots than Fisher and Pechon and is heavily utilized for student pilot training.

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.

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.

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.

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.

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.