Workplace Accidents

Plaintiff Seeks Over $1.4 Million in Wrongful Death Suit

August 30, 2016 | by Broussard, David & Moroux

In November of 2012, Carrie Marchiafava, 85, parked her car in the parking lot of Casey Jones Supermarket and went inside. When Mrs. Marchiafava returned to her vehicle, she found someone had parked too close to her passenger side door, making it difficult for her to back out.

Store employee William Sarradet attempted to assist Mrs. Marchiafava by backing her car out for her, but left the driver-side door open as he reversed the vehicle out of its parking spot. The open door knocked Marchiafava down and the car rolled over her. According to court records, Mrs. Marchiafava was dragged under the car for a distance. Sarradet then put the car back into drive and accelerated into the parking spot, rolling over Marchiafava again.

Mrs. Marchiafava was taken to a New Orleans hospital where doctors attempted to save her life. She suffered numerous broken bones and her skin was torn away from the tissue in several places. Mrs. Marchiafava underwent multiple surgeries and survived for over a month before succumbing to her injuries.

Multi-Vehicle Crash at Traffic Jam Causes Injury, Lawsuit

June 29, 2016 | by Broussard, David & Moroux

A multi-car accident at a traffic jam in St. Martin Parish gave rise to a lawsuit filed in Lafayette earlier this month. Ronald P. Clauhs and Joseph Dimitri sued to recover damages for personal injuries against Scott J. Liriano and Liriano Motors, LLC. Suit was filed in the United States District Court for the Western District of Louisiana, Lafayette Division on June 6, 2016.

According to the complaint, the accident occurred on December 23, 2015 when Clauhs was driving a vehicle owned by Dimitri, who was the passenger at the time of the wreck. While travelling on I-10 eastbound in St. Martin Parish, Clauhs observed traffic congestion ahead and stopped behind the line of cars in his lane. Two more vehicles stopped behind plaintiffs’ vehicle. At that point, a company truck owned by Liriano Motors and driven by Liriano collided with last car in line behind the plaintiffs’ vehicle. The force of the impact triggered a chain reaction, which caused the plaintiffs’ vehicle to be rear-ended by the vehicle behind them. Liriano was cited by the Louisiana State Police for careless operation.

Plaintiffs’ complaint makes allegations against both Liriano and his employer, Liriano Motors. The allegations against the employer include that Liriano was working at the time of the accident and was therefore in the course and scope of his employment with Liriano Motors. Because Liriano was on a mission for his employer when the accident occurred, plaintiffs allege that Liriano Motors is vicariously liable for the accident. Plaintiffs also allege that Liriano Motors, as the owner of the truck, negligently entrusted the company vehicle to Liriano.

Vehicular Accident Leads to Suit Against United States Government

June 24, 2016 | by Broussard, David & Moroux

A suit has been filed against the United States government and their employee, Gilbert Yribe Jr., as the result of a vehicular accident.

Cristian Chestnut filed a lawsuit on May 24 in the U.S. District Court for the Eastern District of Louisiana, stating that Yribe failed to maintain control of his vehicle and caused injury. The petition alleges that on June 2, 2014, Yribe, an employee of the United States Navy, rear-ended Chestnut’s vehicle in a manner which lead to injury. The accident occurred in St. Tammany Parish. On April 28, 2015, Chestnut reportedly submitted an SF95 (Standard Form 95) to the Department of the Navy. An SF95 is used to present claims against the United States under the Federal Torts Claims Act (FTCA) for injury to self or property allegedly caused by a federal employee’s wrongful act or omission, so long as that act occurred within the scope of the employee’s federal employment.

The amount of damages sought is$5,010,000. The plaintiff has requested trial by jury and seeks damages plus interests, costs, and all general and equitable relief the court deems proper.

Two Dead After Vehicle Hit By Train

June 7, 2016 | by Broussard, David & Moroux

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.

Suit Claims Exposure to Radioactive Materials Caused Work Injury

June 1, 2016 | by Broussard, David & Moroux

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 & Moroux 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 & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

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.

Last Month’s Fatal Airplane Crash Calls Safety of Airport Into Question

May 17, 2016 | by Broussard, David & Moroux

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.

Duck Commander, Inc. and State of La. Sued for Woman’s Death

April 26, 2016 | by Broussard, David & Moroux

Duck Commander Inc., the company behind Duck Dynasty, and the Louisiana Department of Transportation and Development have been named defendants in a lawsuit filed by Jennifer Young, the mother of Madison Welch.

Filed in St. Martin Parish, the suit maintains that Madison Welch’s accident was not simple user error, but rather the result of an 18-wheeler operated “by agents, employees and/or licensees of Duck Commander Inc.” cutting into Welch’s lane and forcing her off the road. This allegation evidently arises from a phone conversation Welch was engaged with at the time of the incident. The friend who was on the other end reported that Welch exclaimed something about a nearby truck and then the line went silent. Shortly after being told by the friend of what occurred, Welch’s family was notified of the accident. Welch’s Toyota Tacoma left the road and flipped, ejecting her. Welch later succumbed to her injuries and died.

Young’s case additionally relies on the testimony of William Kirksey, who claimed to have witnessed the entire event and was one of the first people on the scene. Kirksey stated that two 18-wheelers were exiting the freeway at the same time as Welch. Both were in line, but at one point, one of them swerved into Welch’s lane, apparently causing her to veer off the road.

Suit: Defective Engine Caused Helicopter Crash

April 19, 2016 | by Broussard, David & Moroux

An Oklahoma woman has filed suit against Rolls-Royce over the death of her husband, alleging that the engine of the helicopter he was piloting was defective and caused the fatal crash.

Collen Ricks of Grady County, Oklahoma, along with her two minor children, sued the Rolls-Royce Corporation on March 30 in the United States Court for the Eastern District of Louisiana. The complaint alleged that the defendant aircraft engine provider defectively designed and/or manufactured turbine systems that would develop cracks in the exhaust system.

According to the suit, Brandon Ricks was piloting a Model 206 L-1 Bell Helicopter on a public use flight near Saucier, Mississippi pursuant to a contract with the U.S. Forest Service. At some point during this flight, the helicopter suddenly lost power, causing the fatal crash in question.

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.