Workplace Accidents

Blake David appointed as chair of LAJ Maritime Law Section

October 14, 2015 | by Broussard, David & Moroux

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

Boat Collision in Rockefeller Refuge Leaves One Dead, Another In Serious Condition

October 13, 2015 | by Broussard, David & Moroux

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.

Explosion at Gas Pipeline Company Claims Several Lives

October 9, 2015 | by Broussard, David & Moroux

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.

Man Files $3 Million Lawsuit Against Lebeouf Bros. Towing

September 28, 2015 | by Broussard, David & Moroux

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.

Former Hostage Seaman Sues Employers, Citing Deliberate Negligence Relating to Imprisonment

September 13, 2015 | by Broussard, David & Moroux

Related to an international hostage situation that occurred in 2011, Wren Thomas has brought suit against his then-employers, citing a blatant disregard for safety that to permanent and debilitating injuries.

In July of 2011, Thomas was employed collectively by Edison Chouest LLC, Galliano Marine Services, LLC, and Offshore and Service Vessels, LLC, as a captain and crew member of the American marine vessel C-Retriever to work off of the Nigerian coast, according to the complaint.

The suit posits that the trend of international piracy incidents involving the defendants’ vessels and crews should have caused the defendants’ to increase protection of its assets and employees in Nigerian waters. Defendants’ allegedly failed to do so, despite numerous alleged incidents involving employees being set upon, maltreated and kidnapped. Indeed, the suit states that Thomas expressed concerns to his employers about his vessel’s current status in regard to anti-piracy, citing the craft’s age, subpar speed, and somewhat outdated piracy measures. According to the suit, Thomas, after expressing such concerns, received death threats, both veiled and direct, via the defendants’ radio system.

Family Sues BP for Death Allegedly Resulting from Deepwater Horizon

August 21, 2015 | by Broussard, David & Moroux

A family is suing BP for the wrongful death of their father as a result of the 2010 Deepwater Horizon Incident. Nedjelka Mjehovic, Vlaho Mjehovic and Borislava Mjehovic have accused BP of negligence that resulted in the wrongful death of their father, Miro Mjehovic, filing suit on his behalf.

Detailed in the complaint, Miro was the captain of a vessel that performed clean-up duties under the direction of BP. Miros was employed by U.S. Maritime Services of New Orleans but was hired by BP following the Deepwater Horizon Incident. He was performing his duties off the coast of St. Bernard parish and Plaquemines parish when he came into dermal and airborne contact with crude oil containing volatile compounds which, according to the plaintiffs, are widely regarded as toxic and carcinogenic. As a result of this alleged contact, Miro developed dermal, respiratory, and cardiopulmonary complications culminating in acquired hemophilia, which he died from in 2012 despite medical care.

In their complaint, the Mjehovics state that their father should have been better protected from hazardous chemical exposure and that BP should have taken such precautions. The suit claims breach of duty and three counts of negligence, stemming from failure to prevent the Deepwater Horizon explosion, failure to cap the Macondo well properly, and failure to warn personnel and properly equip employees.

Deep Sea Explosion Injures Worker, Leads to Suit

August 10, 2015 | by Broussard, David & Moroux

Robert James Dick, Jr., an employee of Blackwater Diving LLC, was conducting an underwater burn on a conductor when he was allegedly injured by an explosion. This event took place on or about June 21 and the explosion allegedly resulted in severe physical damage, psychological trauma, loss of enjoyment and capacity, permanent impairment, and medical expenses for Dick.

The plaintiff was employed by Blackwater as a seaman, a commercial diver, and a crewman of a marine vessel. He has alleged negligence on the part of his employer and is seeking maintenance and cure.

As a part of his suit, Dick has invoked the Jones Act and claimed that Blackwater was negligent in failing to provide a safe workplace and safe equipment. The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute that provides for the promotion and maintenance of the American merchant marine. The Jones Act specifically applies to shipping between two points of the same country, whether in-land or along the coasts. This is collectively referred to as cabotage. The Act took contemporary legislation regarding the recovery rights of railroad workers and extended the principles therein to sailors of such vessels. It allowed seaman to bring action against ship owners based on claims of unseaworthiness or negligence, rights not afforded by common international maritime law.

Drunk Driving Believed to Have Claimed 3 Lives

August 4, 2015 | by Broussard, David & Moroux

Two different drunk driving accidents claimed three lives in Louisiana this week. The first accident occurred in the town of Loranger. Bruce Pierre was driving his vehicle on Hwy. 40 with Charles Harper in the passenger seat. The police report states that Pierre was speeding when he collided with the end of a utility trailer being hauled by a pickup truck. The vehicles collided with such force that Harper, who was not wearing a seatbelt, was ejected from the vehicle and pronounced dead at the scene.

After arriving on the scene, authorities gave Pierre a blood sample test, which he failed. He was arrested for DWI, vehicular homicide, careless operation, and driving without a license. The driver of the pickup truck was not inebriated.

The second accident occurred in Washington Parish and resulted in the death of both parties involved, 84-year-old Marjorie Orr and 35-year-old Justin Farley. Police reported that Farley, who was believed to be inebriated at the time of the crash, veered off the road after missing a turn, overcorrected, and hit another vehicle in which Orr was a passenger. The impact was enough to tear Farley’s vehicle in two and eject him from the vehicle, despite the fact that he was wearing a seatbelt.

Maritime Worker Injured on Job, Sues for Negligence

July 17, 2015 | by Broussard, David & Moroux

A Jefferson Davis Parish man filed a lawsuit against his employer and an equipment manufacturer for injuries sustained during a workplace incident.

Wendell Simar was working on a rig and was required to use a swing rope and cable in order to board a vessel adjacent to the rig. The facts of the suit allege that when Simar attempted to use the apparatus, the cable broke, causing the claimant to fall. Simar struck the side of the vessel before careening into the water below. The lawsuit states that Simar severely injured his back in the process.

Maritech Resources, Tetra Technologies Inc., and Supreme Offshore Services Inc., were named as defendants in the suit. The suit alleges that the cable in question was in disrepair and thus posed a risk of injury. Simar’s argument is that the defendants breached their duty of reasonable care by failing to adequately inspect equipment and provide a safe work environment.

Gretna woman falls through hole in houseboat, sues owner for injuries

April 6, 2015 | by Broussard, David & Moroux

Under Louisiana law, property owners have a duty to keep their property in a reasonably safe condition for invited guests or other individuals who have a legal right to be on the property. Determining how far this duty extends, or what this duty encompasses, depends on how this person is legally classified.

Perhaps the greatest duty is owed to invitees, who are defined as “a person who goes on the premises at the express or implied invitation of the owner.” For invitees, property owners owe an invitee a duty to keep the property in reasonably safe condition for use which is consistent with the purpose of the invitation, including the discovery of reasonably foreseeable conditions which may be dangerous.

Second to invitees, with regard to a property owner’s duty, are licensees. A licensee is one who enters premises with the occupier’s express or implied permission but only for the entering person’s own purposes which are unconnected with the occupant’s interest. For licensees, the property owner or occupier must only warn him or her of any latent, non-apparent dangers or defects which are actually known to the occupier or property owner.