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On Feb. 3rd, 2021, St. Martin Parish Fire District and Henderson Volunteer Fire Department were dispatched to Grand Pointe Avenue near I-10 for a vehicle fire. When first responders arrived, there was an 18-wheeler carrying produce engulfed in flames. After additional assistance from neighboring first responders and Breaux Bridge Volunteer Fire Company aerial unit the fire was able to be contained without causing any further incidents. No injuries were reported according to Henderson Police.

Thank you to the local area first responders, and all those involved that were able to contain this incident without further injury.

As reported, no one was hurt, but accidents can happen at anytime and anywhere. To help ensure the safety of yourself, and others, remember to stay vigilant while on the road and be mindful of your surroundings.

Following the December 14th Salt Mine collapse, Cargill recently decided to shutter its salt production on Avery Island. Though its lease expires at the end of 2021, Cargill stated that the business decision was based on future economics and production capacity after a slow winter. All operations at the mine have been suspended since the incident due ongoing federal investigations.

 

Eighteen employees of Cargill, a global food corporation, reported to work inside Avery Island’s Salt Mine on December 14th. Those employees’ lives would change within hours as the salt mine’s roof collapsed, leaving two employees stranded inside. 

 

24-hour search teams began looking for the missing employees immediately; although, the rescue was not successful until the next day. Around 3:00pm on December 15th, the search team found the first employee and identified him as 27-year-old Lance Begnaud. The second employee, 41-year-old Rene Romero, was found later that evening. Both suffered fatal injuries and were pronounced dead upon recovery. 

An early morning accident was the result of fog in Caddo Parish. A stalled vehicle was rear-ended when another driver failed to stop due to a decreased visibility associated with the foggy conditions.  Though fog is typically something motorists often encounter in the early morning, accidents like this serve as a reminder to remain vigilant even in situations we often encounter on the road.

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).

 

https://www.ktbs.com/news/local/fog-may-have-contributed-to-crash-in-south-caddo-parish/article_fcbaa4bc-858d-11eb-864c-f72b239e1eea.html

 

A 73-year-old man died from injuries sustained in an ATV accident. While at a gas pump one of the three passengers accidentally stepped on the accelerator causing the ATV to strike a nearby planter. The force of the collision caused the ATV to almost flip on its side and ejected the other passenger before striking a parked truck.

The driver of the ATV was cited for operating an ATV on a public roadway and, pending toxicology, there may be additional charges. Information regarding the additional passenger is unknown.

Broussard & David offers their condolences and sympathy to the family and friends during this difficult time.

On March 6, around 7 p.m. The Coast Guard received word that a boat struck the Norfolk Southern Railroad Bridge in Lake Pontchartrain. There were five people on board at the time of the incident. Four passengers were located and transported to a New Orleans area hospital by Louisiana Department of Wildlife and Fisheries as the Coast Guard searched for the fifth.

On Sunday March 7, the body of the fifth passenger on board was located in Lake Pontchartrain by St. Tammany Parish Sheriff’s Office. The sheriff’s office, Coast Guard, and Louisiana Department of Wildlife and Fisheries were all involved in the search for the fifth passenger following the incident. The four other passengers that were involved in this incident sustained serious injuries but are said to be in stable condition.

Broussard & David offer their condolences and sympathy to the family and friends during this difficult time.

No one doubts the essential functions 18-wheelers provide in the daily exchange of commodities as large truck drivers tend to cover as much as 5,000 to 6,000 miles a week. However, due to the inherent nature of such trucks, drivers are at a greater risk of injury or even death when being involved in an accident with an 18-wheeler. In fact, the number of fatalities resulting from large truck accidents increased by 31% nationally from 2009-2018, according to U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).

Unfortunately, Louisiana also experienced an increase in the number of fatal crashes involving 18 wheelers. According to FARS, Louisiana’s fatal crashes with large trucks increased by 42% as the number spiked from 67 in 2015 to a somber 95 in 2018. Nationally, there were 4,475 fatal crashes at the hands of 18-wheelers in 2018.

Just last week, an 18-wheeler traveling southbound on LA Highway 578 struck a 58-year-old man going east at a Highway intersection in Franklin Parish. The man was pronounced dead at the scene.

On the morning of October 23, 1983 in Beirut, Lebanon, Iranian terrorists drove a truck loaded with explosives through steel fences and right up to a 4-story military barracks before detonating, leaving 241 United States Military personnel dead. Lance Corporal Lex Trahan, a Lafayette native and 19 years old at the time, was stationed for service in Beirut and on the 3rd floor of the barracks, was one of the casualties in the attack. Now, 37 years later, Lance Cpl. Trahan’s family will soon begin receiving installments of a $50 million settlement for his passing.

With the help of attorney Warren Perrin of the law office of the law firm of Perrin Landry deLaunay (associates on litigation with Broussard & David), Lance Cpl. Trahan’s family secured a $50 million award from a 2016 lawsuit filed against the Islamic Republic of Iran & Iranian Ministry of Information and Security for wrongful death, battery, assault, and intentional infliction of emotional distress. In the 1st U.S. District Court in Washington D.C., the plaintiffs, including both victims of the terrorist bombing and families of the deceased, were granted default judgement against the Iranian government after the foreign government did not respond following service of process.

The plaintiffs collectively received $338 million in the lawsuit. Lance Cpl. Trahan’s family and estate were awarded approximately $11 million in damages with the remaining $39 million awarded as punitive damages. The $50 million settlement is the largest award for the death of a teenager in United States history.

Based on the published Western District of Louisiana opinion, Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), on June 12, 2009, a Louisiana salt mine worker was pressure washing equipment inside Morton’s salt mine in Weeks Island near New Iberia, Louisiana when the salt mine’s roof collapsed, causing fatal injuries. His family hired Broussard & David, LLC to bring a wrongful death action against his employer, Morton Salt, alleging fraudulent misrepresentation on the part of Morton’s employees.

Typically, the Louisiana Worker’s Compensation law constrains an employee’s recovery for on-the-job injuries. A narrow exception to Worker’s Compensation allows an employee to avoid this limited recovery by proving that the employer acted intentionally with the substantially certain knowledge that an injury may result.

Based on Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), the attorney representing the family of the deceased worker, Blake R. David of Broussard & David, LLC, escaped Worker’s Compensation exclusivity by establishing, through employee and manager testimony, Morton employee knowledge that its employees had used illegal bolting practices for a substantial time before the Salt Mine’s roof collapsed. Morton’s employees were required by law to routinely check and accurately record the torque on salt mine roof bolts with a torque wrench in order to avoid roof collapse. However, Morton’s employees forged bolt torque forms with made-up findings without ever checking the bolt’s torque, and then lied to Mine Safety and Health Administration (MSHA) government inspectors about their bolting procedures to avoid citations. Later, reports from MSHA found that the roof collapse causing the miner’s death resulted from poor installation methods in the bolting procedures by Morton’s employees. Broussard & David’s litigation discovery led to the alleged fraud findings.

In a recent landmark, unanimous opinion, the United States Court of Appeals for the Fifth Circuit ruled in favor of environmental justice for Louisiana and to hold the oil and gas industry accountable for the devastating effects of Big Oil on the fragile Louisiana coast, coastal parishes, and ecosystems.  The court rejected the motion to place coastal lawsuits under the jurisdiction of the federal judiciary, and these cases will fall under the jurisdiction of Louisiana state courts, effectively moving cases previously bogged down by seven years of delays quickly to trial. Richard Broussard, of Broussard & David in Lafayette, LA co-represented the Louisiana coastal parishes alongside John Carmouche of Talbot, Carmouche, and Marcello in Baton Rouge.  As the opinion was released, Broussard counted it “as a huge step forward for the citizens of Louisiana and all those who value the future of our environment.”

Environmental justice crusader, Ret. Lt. General Russell Honore, who has devoted his post military career to lead Louisiana’s charge for environmental protection, was equally impressed with the court’s decision for accountability for the nearly 25 billion dollars in catastrophic damage that has been caused by oil and gas in Louisiana.  Honore shared with Bayou Brief earlier this week, “Big Oil is no longer the sacred cow in Louisiana.  They need to clean up the mess, abandon the wells and pits, and pay for the decades of pollution of our wetlands.  Big Oil owns the (state) legislature, with their flag over the Capitol, but as courts proved in the BP case, these companies can and should be held accountable.”

LSU professor and spokesperson for protection of Louisiana’s coasts, James Carville called the court’s opinion “The best day Louisiana has had in the 21st Century.”  This monumental ruling is noted as the 85th failed attempt by oil and gas companies to divert lawsuits from Louisiana state courts.  This is the first opinion issued on the matter by the right-leaning Fifth Circuit, and Carmouche relayed to the Bayou Brief, “For our coastal parishes to have won in this court, the fact the vote was 3 to 0 in favor of the coastal parishes of Louisiana, and the fact that all three judges who voted to give our state courts the authority to determine the future of coastal Louisiana are appointees of President Trump demonstrates the restoration of Louisiana’s coast is not a partisan issue, but an issue of law and equity.”   Oil-and-Gas-Rig

Broussard & David law firm is excited to announce another FREE lunch for first responders next week.

In an effort to show appreciation to first responders and the critical role they play during the COVID-19 crisis, Broussard & David law firm will provide a meal to all uniformed fire fighters, police officers and paramedics on Wednesday, May 6 at Dwyer’s Café downtown.

In mid-April, the law firm offered a free lunch day at Judice Inn for first responders with the hopes of supporting local businesses as well as essential workers who put their own health at risk to serve our community. It was a great success with 289 meals served that day. Given the tremendous response, Broussard and David would like to continue the effort into May.