Baton Rouge Injury Lawyer Blog

11 former professional football players have filed a class-action lawsuit in New Orleans federal court against the National Football League (NFL) and football helmet manufacturer Riddell, Inc. The lawsuit alleges that the NFL failed to sufficiently protect football players from concussions and the related risks associated with head injuries. All 11 plaintiffs currently reside in Louisiana and several, including John Fourcade, played for the New Orleans Saints. Other plaintiffs include Tyrone Hughes, Keaton Cromartie, Eric Hill, Curtis Baham, Treverance Faulk, Raion Hill, Maurice Hurst, Keaton Cromartie, Charles Commiskey, Vince Buck, and Tyrone Legette.

Each plaintiff has reportedly suffered physical or mental problems associated with concussions they allegedly sustained while playing professional football in the NFL. The lawsuit claims that the NFL ignored medical evidence directly linking player concussions with traumatic brain injuries. The players also claim the NFL sought to conceal head injury risks to protect their multi-billion dollar enterprise. According to the players' suit, Congress also expressed concern over the way the NFL has handled concussion injury risks.

According to a study conducted in 2000, approximately 60 percent of NFL players surveyed reportedly suffered at least one concussion on the field. 26 percent of the 1,000 players surveyed suffered from at least three concussions. The players who reported receiving a concussion claimed to have experienced more frequent headaches, difficulty with memory and concentration, and additional neurological problems.

Similar recent lawsuits have accused the NFL of choosing to ignore the link between concussions and brain disease. Most of the lawsuits, initially filed in a variety of courts throughout the country, have since been consolidated in a Philadelphia court. At least 30 additional former players are expected to file suit against the league in the near future. The NFL has stated it will defend itself vigorously in response to the lawsuits.

Because of the serious possible effects, any brain injury should always be taken seriously. Even a seemingly minor brain trauma can have a major impact on an individual's long-term functioning. Any head injury can cause unexpected brain damage which may have an effect on thinking, emotions, language abilities, and sensory perception. In addition to the immediate impact of a head injury such as a concussion, any brain injury may also increase the risk for developing other brain conditions over time. If you or someone you love has suffered a traumatic brain injury, it is a good idea to speak with an experienced personal injury attorney.

Continue reading "11 Former NFL Players Sue in New Orleans Over Concussion Risks" »

On February 10th, an East Baton Rouge Parish man filed a lawsuit against several of his previous employers in the 23rd Judicial District Court claiming that he was exposed to unreasonable noise levels at work. Robert T. Firmin sued Exxon Mobil, Entergy Gulf States Louisiana, BASF Corporation, Honeywell International, Star Enterprise, PCS Nitrogen Fertilizer, Hexion Specialty Chemicals, Marathon Petroleum Company, and each former employer's insurance company over his alleged permanent hearing loss.

According to the lawsuit, Firmin claims he suffers from high-range hearing loss after being exposed to repeated and prolonged occupational noise for years. Firmin accused his former employers of battery for failing to notify him of the dangers associated with the noise. He also accused the defendants of negligence for exposing him to unreasonable levels of noise, failing to provide him with proper safety protections and training, failing to provide medical monitoring, failing to keep the noise at a safe level, and failing to alert him to the risks associated with prolonged exposure to loud occupational noises. Firmin asked the court to award him up to $75,000 in damages for disability, medical expenses, suffering, pain, and loss of enjoyment of life.

These days, injuries sustained while at work are all too common. Unfortunately, it can be difficult to navigate the laws put into place to protect workers in Louisiana. Whether an injury takes place on land, at sea, or adjacent to navigable waters will have an effect on which law applies to an employee injury. For most workers who are hurt while working on land in Louisiana, the Louisiana Workers' Compensation Act will generally provide the only avenue for recovery. Workers' compensation benefits are paid to an employee hurt while at work regardless of who caused the injury.

There are exceptions to Louisiana Workers' Compensation Act remedies, however. An employee hurt at work may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws. Also, the intentional act exception to Louisiana's workers' compensation laws allows an employee to sue an employer for negligence if the worker can demonstrate the employer either consciously desired the physical result or knew it was reasonably certain to occur as a direct result of the employer's conduct. If you were hurt on the job, it is a good idea to contact an experienced workers' compensation attorney to assist you in determining your rights.

Continue reading "East Baton Rouge Parish Man Sues Former Employers Over Permanent Hearing Loss" »

A man allegedly injured in an automobile accident filed a federal lawsuit in New Orleans against St. Charles Parish, Vernon Joseph St. Pierre, Jr. in his capacity as President of St. Charles Parish, the St. Charles Parish Council, the State of Louisiana, and the United States Army Corps of Engineers. On February 14, 2011, Dustin Michael Schexnayder, Sr. was purportedly driving on a road through the Bonnet Carre Spillway. Schexnayder claims he sustained severe trauma to his head as well as other injuries when his car left the roadway and landed in a nearby drainage ditch.

According to Schexnayder's lawsuit, the roadway failed to have a guard rail installed despite its proximity to a dangerous drop off. He accuses the defendants of several counts of negligence including failing to properly maintain the roadway, failing to install safety devices to protect drivers from the drop off, failing to properly mark the road, failing to install guard rails near drainage ditches, and failing to properly supervise the roadway. Schexnayder also claims the road's condition at the time of his accident demonstrates defendants' blatant neglect of their duty to maintain a safe road environment.

Schexnayder asked the New Orleans court to compensate him for his head trauma, physical pain and suffering, emotional distress, permanent disability, loss of income, medical expenses, and other damages. His mother also asked the court to award her damages for loss of love and affection, loss of consortium, court costs, and other damages.

A brain injury should always be taken seriously as its effect can range from mild to extremely severe. Even a minor trauma to the brain can have a significant impact on an individual's long-term functioning. Brain damage from a head injury can affect thinking, language abilities, emotions, and sensory perception. Approximately two million Americans suffer some degree of brain trauma each year. Brain injuries can be devastating and life-altering. It is estimated that 5.3 million people in the United States require daily long-term care as a result of a traumatic brain injury. A brain injury may also increase the risk for developing other brain conditions over time.

Treatment of brain injuries can be extremely expensive as medical costs can easily exceed tens of thousands of dollars. If the victim of a traumatic brain injury requires daily care or assistance, treatment costs soar even higher. If you or a loved one has suffered a brain injury in an accident, you are advised to seek the assistance of an experienced personal injury lawyer.

Continue reading "Man Sues St. Charles Parish Over Traumatic Head Injury" »

Five people died in a head-on crash on Interstate 10 near LaPlace early Friday morning. According to Louisiana State Police, a Jeep Cherokee headed in the wrong direction on the elevated westbound interstate lanes struck another vehicle carrying four people around 3 am. Immediately following the initial crash, an 18-wheeler struck both vehicles and the Jeep burst into flames. Additionally, another westbound car struck the semi. Everyone involved in the head-on crash died at the scene while the drivers of the other two vehicles were treated for minor injuries. Due to the severity of the accident, police could not comment on whether those killed were male or female.

Prior to the crash, state police apparently received several reports of a Jeep traveling on the wrong side of the freeway. Unfortunately, officers were unable to reach the driver before the accident occurred. According to State Trooper Nick Manale, it is unclear why the Jeep was driving in the wrong direction on I-10. An autopsy will be conducted on the driver of the Jeep in order to determine whether drugs or alcohol were a factor in the deadly crash. Manale stated that although driver impairment may have factored into the crash, all possible causes are still under investigation. Westbound I-10 was closed for almost five hours following the crash.

People in Louisiana spend countless hours in their cars each year and tragic accidents are an unfortunate fact of life. Regrettably, most of the personal injury claims filed in Louisiana each year result from auto accidents. Motor vehicle crashes may be caused by a variety of factors including impaired, inattentive or reckless drivers, automobile defects, and dangerous road conditions. A vehicle crash can range in severity from a minor fender bender to a deadly accident. People injured in a car accident may be entitled to receive money damages for past and future medical bills, pain, suffering, loss of income, loss of enjoyment of life, disability, and wrongful death. If you were injured in an automobile crash, an experienced attorney can help you evaluate your personal injury claim.

Continue reading "Five People Killed in I-10 Head-On Collision Near New Orleans" »

A 14 year veteran of the New Orleans police force was arrested on hit-and run charges for an accident which allegedly occurred last September in the city's Lower Garden District. The New Orleans Police Department's Public Integrity Bureau also placed 38-year-old Roger J. Jones, Jr. on emergency suspension without pay based on allegations that he drove recklessly, ignored a traffic signal, hit a parked car, and left the scene of an accident.

Jones was previously booked on charges stemming from another hit-an-run crash which purportedly took place on the same day in Jefferson Parish. According to investigators, Jones allegedly crashed his New Orleans Police Department vehicle in Metairie. After a Louisiana State Trooper visited Jones' home, smelled alcohol on his breath, and observed damage to the cruiser, Jones told the Trooper he hit a curb and a pole. Upon further investigation, there was no sign of an accident where Jones claimed the damage to his vehicle occurred. While on the scene, an alleged hit-and-run by a police cruiser at another location was reported to police. Police became suspicious after learning the vehicle purportedly hit was red and part of the damage to Jones' cruiser included red paint streaks. Jones is currently awaiting trial in that case.

Jones previously served in the city's 8th District as a "quality of life" officer. Prior to his latest arrest, Jones was placed on desk duty over the charges in Jefferson Parish. A spokesperson for the New Orleans Police Department stated that more details regarding Jones' arrest will be revealed at a later time. Donovan Livaccari, Jones' attorney, believes the arrest was unnecessary and local police should have instead issued a summons in accordance with departmental policy. Of the 6,000 hit-and-run accidents in New Orleans last year, only 200 individuals were physically arrested.

Cars are an essential part of daily life for most Americans. Car accidents may be caused by a number of factors including drivers who disregard rules of the road, inattentive drivers, and those who drive while drunk or intoxicated. If you were hurt in a car accident, an experienced personal injury lawyer can help you evaluate your claim and determine the appropriate amount of compensation you deserve based on your injuries and the facts of your case.

Continue reading "New Orleans Police Officer Arrested for Second Hit-and-Run Accident" »

The wife of a man who purportedly died from considerable exposure to asbestos has filed a lawsuit in New Orleans federal court against five companies for their alleged failure to warn her husband of the hazards associated with the product. 72-year-old Joseph Frazier died from mesothelioma in 2004 after more than 50 years of exposure to asbestos and asbestos-containing products at work sites in a variety of states. Earlier this month, his wife filed suit against Certainteed Corp., Owens-Illinois Inc., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries.

The lawsuit claims Frazier was exposed to asbestos while employed by the United States Army, Illinois Fibre Specialty Co., Illinois Roofing & Insulation, Midwest Industrial Siding Inc., Wynwood Builders Inc., L&S Roofing & Insulation, Abbey Home & Builders, Welso Construction Co., and JD Frazier Building Co. The five companies listed in the complaint are the successors to Frazier's previous employers. Frazier's wife has accused the companies of negligence and stated they should be held strictly liable for a failure to warn Frazier of the dangers related to asbestos exposure, failure to place sufficient warnings on products which contain asbestos, failure to provide Frazier with the proper safety equipment, failure to implement and follow a safety plan, and failure to remove products which contain asbestos from the marketplace.

Frazier's widow has asked the New Orleans court to award damages for her own metal anguish and her husband's mental anguish, conscious suffering and pain, disability, loss of enjoyment of life, disfigurement, and medical expenditures. She has also asked for an award of punitive damages, court costs, and interest. Interestingly, this case was initially filed in Mississippi and dismissed for lack of jurisdiction. The case was later filed in both Alabama and Louisiana. Frazier's widow has requested a jury trial in Louisiana and stated she will ask that the case in Alabama be dismissed.

Mesothelioma is a rare form of lung cancer. It has been linked to exposure to asbestos and asbestos-containing products. Mesothelioma often occurs in construction workers, shipyard workers, miners, and those employed in industries where asbestos was commonly used. Because symptoms may not appear for many years after exposure, it can be difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The medical costs associated with mesothelioma treatment are generally quite high. An individual suffering from mesothelioma may be eligible for compensation for medical costs, pain and suffering, lost wages, and relatives may be eligible for death benefits. If you have questions about your mesothelioma diagnosis, a knowledgeable personal injury lawyer can assist you with evaluating the facts of your case.

Continue reading "Lawsuit Filed in New Orleans Federal Court over Asbestos Death" »

A mother recently filed a wrongful death lawsuit against three Texas oil companies on behalf of her minor children in New Orleans federal court. On January 30th, Amy Richard Howell filed a lawsuit against Hillcorp Energy Company, Sparrows Offshore, and Avante Services seeking damages for the death of her children's father, Philip Kliebert. Kliebert died on April 18, 2011 while working for Alliance Oilfield Services to plug and abandon an exposed oil well. According to Howell's lawsuit, the accident was allegedly caused when a crane operator employed by Sparrows Offshore swung equipment in such a way that it caused Kliebert to fall approximately 28 feet into an open oil well.

Howell has accused the three oil companies named in her complaint of multiple acts of negligence. She claims the companies failed to warn Kliebert, failed to provide a safe working environment, failed to provide sufficient lighting for the project, failed to provide proper protective equipment, failed to ensure the proper safety equipment was used by workers, failed to properly supervise the crane operator, failed to provide a competent and qualified crane operator, and failed to implement a proper Job Safety Analysis prior to commencement of the task. She also claims the companies committed further acts of negligence by failing to properly supervise the oil well workers, failing to provide a crane that was in good repair, and by hiring incompetent and inexperienced contractors to complete the task.

Howell is asking the court to award her children compensation for loss of love and affection, loss of financial support, loss of society, and funeral expenses. She also seeks survival damages for Kliebert's suffering and pain, medical expenses, loss of enjoyment of life, and loss of earning capacity.

Thousands of deaths occur each year as a result of tragic and preventable accidents. An award of damages for wrongful death provides compensation to the family members of a person who was killed through another party's wrongful act or negligence. In the State of Louisiana, only a surviving spouse, children, parents, or guardians may pursue a wrongful death lawsuit. In some limited circumstances, other relatives such as siblings or grandparents may also be entitled to file a wrongful death case. Louisiana's statute of limitations only allows relatives to file a wrongful death lawsuit within two years from the date of a loved one's death. Due to this limited time-frame, it is very important that you speak with a personal injury attorney as soon as possible after an accident resulting in death.

Continue reading "Wrongful Death Lawsuit Filed in New Orleans Federal Court after Worker Falls 28 Feet into Oil Well" »

In yet another possible hit for the cruise industry this year, a ship scheduled to depart from the Port of New Orleans on Saturday was delayed for several hours due to a purported stomach virus outbreak. The Royal Caribbean Voyager of the Seas is one of three cruise ships in the United States suspected of a weekend norovirus outbreak. Two ships based out of Florida, the Ruby Princess and the Crown Princess, also reported a similar outbreak of illness.

According to Louisiana state epidemiologist Raoult Ratard, the nation's Centers for Disease Control (CDC) informed him of a possible outbreak on Friday before the Voyager of the Seas returned to port. The CDC did not disclose to him exactly how many arriving passengers were ill, however. It is estimated that approximately 200 passengers who returned on the ship Saturday suffered from vomiting and diarrhea due to the virus. Ratard also stated the outbreak was not large and up to 3,000 individuals may be ill due to norovirus exposure on any given day in the City of New Orleans alone.

The virus outbreak caused concern due to the close quarters associated with cruise travel. Any illness can spread quickly in such an environment. On Saturday, officials in New Orleans took extra precautions to thoroughly clean and sanitize the ship in the hopes of avoiding any additional passenger exposure to the virus on the 15-deck, 3,100-passenger cruise ship. After the ship was decontaminated, the Voyager of the Seas departed New Orleans on a seven day trip.

Accidental personal injuries can arise in any number of settings. In Louisiana, an individual who is hurt due to another person's negligence may generally recover for mental and physical suffering and pain, medical expenses, loss of enjoyment of life, and lost wages or earning capacity. The compensation a personal injury victim may receive is highly fact specific, and will depend heavily on the extent of the injury. A qualified personal injury attorney can help you evaluate your claim and negotiate a fair settlement.

Continue reading "New Orleans Cruise Ship Departure Delayed Due to Alleged Virus Outbreak" »

The Third Circuit Court of Appeals of Louisiana held a worker who tested positive for both marijuana and Xanax following a 2008 workplace injury was entitled to receive workers' compensation benefits.

Deloris Stenson was employed as a waitress at Pat's of Henderson Seafood when she allegedly tripped over a box of potatoes left in the walkway of a food preparation area. Stenson immediately went to the emergency room at a local hospital for her injuries. While being treated, she was also tested for drugs and alcohol in accordance with restaurant policy. After Stenson tested positive for marijuana and Xanax, her employer's insurer denied all workers' compensation benefits except for the costs associated with her emergency room visit.

Because Stenson had a prescription for Xanax and admitted to taking the drug for a back problem on the day of the accident, a workers' compensation judge determined intoxication was not a cause of her accident. The judge ordered the restaurant to pay Stenson temporary total disability benefits and medical benefits. Following the workers' compensation judge's ruling, her employer appealed to Louisiana's Third Circuit.

On appeal, the restaurant argued a valid drug prescription did not overcome the presumption in Louisiana Revised Statutes 23:1081 that Stenson was intoxicated at the time of her accident. Her employer also argued that the workers' compensation judge should not have taken the prescription into account when determining whether or not Stenson was intoxicated.

Louisiana's Third Circuit Court of Appeals, however, agreed with the workers' compensation judge, reasoning that although the restaurant met its burden of proof regarding its employee's alleged intoxication with her drug test results, the burden then shifted to Stenson. Once the burden shifted, it was up to Stenson to prove her drug use was not a contributing case of her accident. The Appellate Court also found that although Stenson admitted to smoking marijuana four days prior to the accident, there was no reason to believe it was manifestly erroneous for the workers' compensation judge to find Stenson overcame the intoxication presumption. Because no one offered testimony stating that Stenson appeared intoxicated on the day of the accident, the Appeals Court upheld the workers' compensation judge's ruling.

When an employee is hurt at work in Louisiana, workers' compensation laws generally afford the only avenue for recovery. A worker may be temporarily disabled, permanently partially disabled, or permanently totally disabled as a result of a workplace injury. The Louisiana Workers' Compensation Act provides for a variety of benefits based on the worker's gross earnings at the time the disability began. Benefits should continue until an employee is medically released by a physician to return to work, but in some cases a workers' compensation insurance company may be willing to settle a case for a single lump-sum payment. If you were injured at work, a qualified workers' compensation attorney can help you determine what benefits you may qualify for.

Continue reading "Louisiana's Third Circuit Rules Lake Charles Server Who Tested Positive for Drugs May Receive Workers' Compensation Benefits" »

A worker has filed suit against his employer over injuries he sustained on a ship while swinging from a platform rope. On January 20th, David Thomas filed a lawsuit in New Orleans federal court against Oceaneering International, Inc. According to Thomas, he injured his shoulder on October 27, 2011 while working as a crewmember aboard the DSV Ocean Project. Thomas claims he became injured swinging on a rope from a platform onto the ship while the DSV Ocean Project was engaged in performing commercial diving operations in the Gulf of Mexico.

Thomas has accused his employer of negligence and alleged Oceaneering International failed to provide him with proper safety equipment, a safe working environment, and a properly manned ship. He requested a jury trial and is seeking compensation for maintenance and cure, lost wages and fringe benefits, medical expenses, lost earning capacity, court costs, and attorney's fees.

Workers who are injured at sea usually have little recourse through state workers' compensation laws. Instead, they are protected by the Jones Act, a federal law. The Jones Act was passed by Congress in 1920 to protect marine employees injured while working offshore on a floating vessel. The Act provides an injured employee with the right to sue his or her marine employer directly. For the law's protections to apply, an offshore vessel must be mobile and the injured worker must fit the Act's definition of a seaman. Traditionally, courts have classified a worker's status broadly to include most staff on a ship or other vessel within the definition of "seaman."

Generally, Jones Act claims are predicated on an act of negligence or allegations of a marine vessel's lack of seaworthiness. The Jones Act provides an employee with the opportunity to seek maintenance and cure and recover for personal injuries. The Act does not allow for non-pecuniary awards, however. Determining a marine employee's seaman status and the amount of compensation an injured seaman may receive under the Jones Act can be complicated. If you were injured while working at sea, it is a good idea to consult with an experienced Jones Act attorney to help you determine your seaman status and protect your rights.

Continue reading "Worker Injured on Ship in Gulf of Mexico Sues Employer in New Orleans Federal Court" »

Two women were killed and two others injured after an 18-wheeler crashed into a passenger vehicle on LA 38 near Kentwood on Friday evening. According to Louisiana state troopers who responded to the crash, a sedan driven by Elizabeth "Gail" Pittman McDaniel, a member of the local school board, stopped on the roadway to make a left turn as an 18-wheeler driven by Stennis Taylor approached the vehicle from the rear. Taylor purportedly saw the sedan too late to stop successfully and instead attempted to pass the car on the left in an effort to avoid a collision. As he did this, Pittman McDaniel's vehicle began completing its left turn and the 18-wheeler struck the sedan on the driver's side. All four passengers in the sedan were extricated by local emergency personnel.

Following the accident, Pittman McDaniel and another female passenger were taken to the hospital in serious condition. They were both wearing a seatbelt at the time of the collision. Two other women in the sedan who were not wearing seatbelts were pronounced dead at the scene of the Tangipahoa Parish accident. The driver of the 18-wheeler, who was also wearing a safety belt at the time of the accident, was uninjured. Although toxicology reports are pending, neither driver is suspected of being under the influence of drugs or alcohol at the time of the accident. Immediately following the accident, Taylor was arrested and charged with two counts of negligent homicide and two counts of negligent injuring in connection with the crash.

Americans spend countless hours in their vehicles each year. With so many people on the road at any given time, collisions are bound to occur. In fact, a majority of personal injury claims filed in this country each year relate to injuries sustained in a motor vehicle crash. Car accidents are caused by a wide variety of factors which may include inattentive or reckless drivers, vehicle defects, and hazardous road conditions. Increasingly, drivers must also watch out for individuals who are preoccupied by text messages, cell phones, and email. Any distraction can create a hazard for everyone on the road. Unfortunately, serious injury or death may result from a driver's inattention.

If you or a family member was injured in a car accident because of another driver's inattention or impairment, you may be eligible to receive compensation for medical bills, lost wages, lost earning capacity, pain, disability, suffering, and loss of enjoyment of life. Every automobile accident is different. An experienced personal injury lawyer can help you evaluate your claim and advise you regarding the amount of compensation you may be eligible to recover from the driver who caused your injuries.

Continue reading "Two Die, Two Injured in Kentwood 18-Wheeler Crash" »

Only minor injuries resulted after a driver crossed the median on Interstate 10 near mile marker 83 in Acadia Parish and struck an 18-wheeler Tuesday. 35-year-old Curtis Cheley, of DeRidder, was treated for minor injuries before being arrested by Louisiana State Police and charged with reckless driving and driving while intoxicated. After he posted bail, Cheley was later rearrested for battery on a police officer, resisting arrest, attempted carjacking, and interfering with the duties of a police officer. The additional charges were filed by the Acadia Parish Sheriff's Office in connection with an encounter with Cheley prior to the arrival of State Police.

Interestingly, the moments leading up to the crash were filmed by a passing motorist. The motorist, Danny Leblanc, stated he called police after he witnessed the pick-up truck driving in front of him swerving wildly. After calling authorities, Leblanc began filming the vehicle using his mobile telephone. For approximately ten miles, the truck repeatedly drove onto and off of the median of the interstate. Finally, the eastbound truck drove into the westbound lanes of I-10. After the pick-up initially missed crashing directly into oncoming cars, the vehicle crashed into an 18-wheeler.

Although Leblanc failed to collect video footage of the crash itself, he pulled over and continued to record the events immediately following the crash. He has stated crash survivors exited their vehicles and the driver of the pick-up had a gash on his forehead. Leblanc also stated the driver appeared intoxicated and the man was allegedly difficult to communicate with. Leblanc claims Cheley refused to follow the orders of police on the scene and attempted to punch an officer. He also purportedly witnessed an officer use a taser on the driver of the pick-up in order to subdue him.

Most personal injury lawsuits filed annually are the result of a motor vehicle collision. Common causes for automobile accidents include impaired drivers, inattentive drivers, hazardous road conditions, and automobile defects. Injuries resulting from a car crash can range from the very minor to the severely disabling. Individuals hurt in a crash may be entitled to receive monetary damages for medical bills, disability, suffering, pain, lost income, loss of enjoyment of life, and wrongful death. Recovering from an auto accident can be a highly stressful time. A knowledgeable personal injury attorney can help.

Continue reading "No Fatalities in Wrong Way Crash on Interstate 10 in Acadia Parish" »

In October, an industrial worker filed suit against his employer and another party in Jefferson Parish District Court for an injury which allegedly occurred after his employer failed to heed his protests regarding the safety of a work procedure. In his lawsuit, Tyrone Wilson claims he was injured on October 10, 2010 while working for T.T. Coatings Inc. on a petroleum chemical barge. Wilson claims he was instructed to pull frozen test rods out of the open end of a metal shaft assembly with pliers while another employee heated the rods from the opposite end. He also stated after he protested the procedure to his employer he was threatened with termination if he did not continue. While the rod was being heated, it purportedly exploded in Wilson's direction and injured him.

Wilson has accused TT Coatings of committing an intentional tort by ordering him to engage in a dangerous activity despite that his employer knew he was likely to be harmed. He also accused Kirby Inland Marine Transportation Co. of negligence. Wilson alleges the Kirby Corporation required TT Coatings employees to engage in an inherently dangerous work activity, failed to maintain the company's equipment, placed workers in harm's way in an attempt to save money, and demanded workers use an unsafe method to accomplish their task.

On January 11th, the case was removed to New Orleans federal court. In his complaint, Wilson asked the court to award him compensation for medical expenses, physical and mental pain and suffering, lost of wages, loss of enjoyment of life, permanent disability, court costs, and interest.

Unfortunately, workplace accidents and injuries occur all too often. Navigating the laws designed to protect employees can be complicated. In Louisiana, workers can be killed or injured while working on land, on the open seas, or adjacent to navigable waters. Where an injury occurs will have an effect on an employee's right to recovery. The Louisiana Workers' Compensation Act applies to most injuries which occur on land. Meanwhile, the Jones Act protects employees injured at sea and the Longshore and Harbor Workers' Compensation Act applies to worker injuries which occur adjacent to navigable waters.

The Louisiana Workers' Compensation Act provides monetary relief to employees who are injured on the job regardless of fault. The same is true for the Longshore and Harbor Workers' Compensation Act. Workers' compensation laws generally provide an employee with the only remedy available from an employer for workplace injuries. Exceptions do exist, however. Louisiana's intentional act exception allows a worker to sue his or her employer for negligence if the employee can show the employer either consciously desired the physical result or knew it was fairly certain to happen as a result of the employer's conduct. Additionally, a worker injured on the job may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws. An experienced workers' compensation attorney can assist you in navigating the legal process.

Continue reading "Lawsuit Against Employer for Ignoring Worker Safety Concerns Removed to New Orleans Federal Court" »

A Baton Rouge bicyclist was killed and another injured Saturday night after being struck from behind by an alleged drunk driver on Perkins Road. 30-year-old Nathaniel Crowson was pronounced dead at the scene of the accident. His companion, Danny Morris, was taken to a local hospital where he remains in critical condition.

The driver, 28-year-old Joseph Branch, was taken into custody by police for suspected second offense driving while intoxicated. He was also charged with vehicular homicide. Tests revealed Branch had a blood alcohol content of .307 at the time of the accident. That is almost four times the legal limit of .08 in Louisiana.

According to his friends, Crowson regularly commuted on his bike and rode it cautiously. He worked at a local bicycle shop and understood the importance of wearing safety lights while riding at night. Crowson is survived by a 5-year-old daughter, Kat.

When a driver consumes drugs or alcohol, it can have a tremendous effect on his or her perception, reaction time, and judgment. A drunk or impaired driver is a danger to everyone they encounter on the road. Intoxicated driving is one of the leading causes of fatal accidents involving a motor vehicle in this country. You and your loved ones are placed at risk every time someone makes the choice to operate a vehicle under the influence of alcohol or drugs.

If you were injured or lost a loved one due to the actions of an intoxicated driver, you may be entitled to compensation. In Louisiana, those injured by a driver under the influence of drugs or alcohol may be awarded damages for medical bills, pain, suffering, and lost wages. By bringing a personal injury claim against a driver who injured you or your loved one, it may also send a message to others that driving while impaired is unacceptable. In some situations, a driver who chose to put others in danger may also be punished with punitive damages. A court may award punitive damages in an effort to deter others from engaging in the same behavior in the future. A qualified car accident attorney can explain the types of awards you may be entitled to.

Continue reading "Baton Rouge Bicyclist Killed by Drunk Driver" »

A shopper's slip and fall lawsuit against a grocery store was removed to New Orleans federal court earlier this month. On August 11, 2010, Mary brown filed suit against the parent company of Winn-Dixie Stores in Orleans Parish Civil District Court after she allegedly slipped on grapes while shopping in a local store. On January 11th, 2012 Winn-Dixie successfully removed the case to federal court.

According to Brown, several grapes were left on the floor of a Winn-Dixie grocery store which caused her to slip, fall, and become injured while shopping. She purportedly sustained damage to her shoulder, back, hips, and legs during the accident. Brown has accused the grocery store of negligence for maintaining the premises in a careless and reckless manner, creating and failing to correct an unreasonably dangerous condition, failing to clean the store, failing to act prudently and reasonably, and failing to warn shoppers of a hazardous condition. She is seeking compensation from the grocery chain for suffering and pain, medical expenses, emotional distress, loss of enjoyment of life, court costs, attorney's fees, and other damages.

In Louisiana, property owners are required to maintain a certain standard of safety on their premises and a failure to maintain a safe environment may result in a lawsuit. A claimant injured on a business or individual's property must be an invitee, such a shopper in a business, in order to file a premises liability lawsuit. Louisiana law does not allow a party injured while trespassing to seek financial recovery from a property owner.

There are three common categories of premises liability accidents. They are: construction accidents, slip and fall accidents, and trip and fall accidents. For each category of accident, it is important that any injuries are well documented and treated by a physician. An individual injured while invited onto someone else's property may be able to recover compensation for medical expenses, lost income, and other damages such as pain and suffering. If you were injured due to the negligence of a property owner, a skilled premises liability attorney can explain the types of damage awards you may be eligible to receive due to your injuries.

Continue reading "Winn-Dixie Sued in New Orleans Over Grocery Shopper's Slip on Grapes" »