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On August 19, 2022, the Louisiana Association for Justice will be holding its annual High Stakes on the High Seas maritime law conference. High Stakes on the High Seas provides an opportunity for participants to discuss maritime law updates as well as network with members from all over the Gulf South.

Both partners will be speaking on the topic of “Handling Maritime Cases From Both Sides of the Aisle“.

In previous years, both partners have spoken on this topic as well as “Comparison of the Varying Remedies for Those Lost at Sea“.

This week, partner Jerome Moroux had the opportunity to participate in the Trial Advocacy Program at the Paul M. Hebert Law Center at Louisiana State University.

The Trial Advocacy Program provides 3rd-year LSU Law students with tactical skills for trial proceedings. The program utilizes a “learn by doing” education to help simulate a real trial.

Students have the opportunity to role-play, practice, and receive critiques during the three-day program. They are able to practice performing direct and cross-examinations, arguing motions, and delivering opening and closing statements.

On February 14, 2018, plaintiff W.B. was severely injured when an 18-wheeler failed to check for on-coming traffic. At the time of the incident, plaintiff was working as an industrial scaffolder, to support himself and his family, and lived an active lifestyle. WB suffered the loss of his right, little finger, a large laceration to his head, neck and back pain injury, and headaches. Bradley underwent surgeries to his right hand, neck, and back and continues to suffer from headaches.

Defendants attempted to place the blame on the plaintiff, arguing that he should have been the one to “brake sooner,” despite the fact that a left-turning motorist has the legal obligation to wait until it is completely safe to make their turn. Defense asked the jury for a verdict of $0 to $429,000. After a five-day trial, a jury returned a verdict on August 5, 2022, as follows:

Bradley was awarded $293,108 in past medical expenses; $500,000 in future medical expenses; $125,000 in past wages; $241,000 in future wages; $690,892 in past and future physical pain; $400,000 in past and future mental pain; $250,000 in loss enjoyment of life; and $500,000 in disfigurement. This equals a total of $3,000,000 in damages.

Musings of a Trial Lawyer Waiting For the Jury (August 2022)

“As I type this note, my last submission as President of the LAJ, I am awaiting the response of eight jurors in the Western District of Louisiana. Their verdict will have to be unanimous. This venire and jury were a trucking defense lawyer’s dream – truck drivers, dispatchers, logistics folks, insurance company employees. The jurors we ended up getting did not look great on paper, but I’m hopeful they came in open-minded. After a week of trial, I have no idea how they received the evidence I presented. 

Rough week. Gave a home hum opening, fought through some tough admissibility issues throughout the trial, and just wrapped up with a decent but not spectacular closing. Violated my first rule of openings/closings – used some notes as reminders to make sure I covered all of the issues. It ruins the flow. I know better. I talked too fast. Again.  

A bicyclist was struck by a vehicle on Thursday night on LA-98 and LA-93.

Authorities reported that a 67-year-old male was hit by an SUV and thrown off of his bicycle. He was stopped in the westward lane on LA-98 facing east when a 2010 GMC Terrain SUV hit the cyclist while traveling west on LA-98.

The bicyclist was pronounced dead at the scene of the crash. The GMC SUV driver was not injured and showed no signs of impairment. The crash remains under investigation.

There is an urgent need for all blood types across the country. Every 2 seconds, there is someone who needs blood. One pint of blood can save up to 3 lives.

Broussard & David is partnering with Vitalant to host our second community blood drive of the year on Wednesday, July 27, 2022.

The blood drive will be held at our office, located at 557 Jefferson Street, Lafayette, LA 70501 from 8:00 a.m. to 11:00 a.m.

On Monday, 17-year-old Madison Bradley was riding on a pontoon boat in Blind River, driven by 33-year-old David Crowe.

Bradley, along with a male passenger, was standing on the front of the boat past the guard rails when they struck the wake of a nearby boat. They both fell overboard into the water, with the male having minor injuries; Bradley was hit by the vessel’s propeller, suffered severe injuries, and did not resurface.

Authorities were informed that there was a missing boater and Bradley’s body was found around 8 P.M.

For nearly four decades, people living or working at the U.S. Marine Corps Base Camp Lejeune in North Carolina were potentially exposed to contaminated drinking water that caused various forms of cancer along with other serious health problems. Various chemicals, including Benzene, Trichloroethylene (TCE), Perchloroethylene A/K/A Tetrachloroethylene (PCE), 1,2-Dichloroethylene (DCE), and/or Vinyl Chloride were the Volatile Organic Compounds (VOCs) found in the Camp Lejeune water.

Several health problems have been reported in people of all ages who were exposed to the contaminated water, including children who were exposed while in their mother’s womb. Through drinking, bathing, cooking, or cleaning, the contaminants are linked to the following health complications:

  • Bladder, Lung, and/or Breast Cancer

As is well known, Louisiana is losing approximately a football field of marsh every ninety minutes. The marsh not only affords us the opportunity to hunt and fish, but it also provides the invaluable service of buffering in-land property during a hurricane.

Many landowners entered into right-of-way agreements with various pipeline companies whereby promises were made to keep the canal from exceeding the width of a specified number of feet. If a landowner’s canal has exceeded the promised width, then the landowner can ask the pipeline companies to restore his marsh in accord with the terms of the contract.

For more on this subject, read the following article, which delves into how courts have evaluated restoration-of-marsh damages. Louisianans, families, and communities must be allowed to enjoy the protection and bounty of their wetlands for generations to come.