Baton Rouge Injury Lawyer Blog

On December 19th, Audrey Brown filed a lawsuit against her employer in a New Orleans federal court seeking compensation for injuries she claims she sustained while working offshore. According to the lawsuit, Brown fell down stairs while working aboard the M/V Maersk Texas in early 2010. As a result of the fall, Brown alleges she sustained a complicated and painful cut to her face as well as nerve damage and emotional distress.

In her lawsuit, Brown claims Maersk Line Limited committed negligence by failing to provide her with a safe working environment and by operating a ship which was unseaworthy. Brown is seeking compensation for medical expenses, lost wages, maintenance and cure, pain and suffering, and disability as well as other damages. She has asked the court to award her $5 million for her injuries.

Also last week, offshore worker Jaime Medina filed a lawsuit against his employer in New Orleans federal court seeking damages for injuries allegedly sustained on a marine vessel. On December 22, Medina filed a case against Reel Pipe, Offshore Service Vessels, and Galliano Marine Service for injuries he claims resulted from a fall while onboard the M/V Joshua Chouest. According to Medina, he tripped on a stairwell kick plate and fell down the stairs after performing maintenance on a generator onboard the ship in 2009. He claims he injured his hand, wrist, and shoulder while grabbing onto a handrail during his fall.

Medina has accused his employer of negligence, failure to warn, failure to adhere to safety regulations, and failure to provide safe working conditions. He is seeking $5 million for purported pain and suffering, lost wages, loss of earning capacity, and a variety of other damages.

Seamen injured while working onboard a floating vessel generally have no remedy available to them through state workers' compensation laws and regulations. Instead, injured seamen are protected by federal law through the Jones Act. In 1920, Congress passed the Jones Act to provide injured seamen with the opportunity to directly sue an employer for injuries sustained while onboard a ship or other floating vessel. Jones Act claims are generally predicated on an act of negligence or allegations of a marine vessel's lack of seaworthiness.

For Jones Act provisions to apply, a worker must fit the Act's definition of a seaman. Additionally, an offshore vessel must be floating and cannot be affixed to the seafloor. Most offshore workers qualify for seaman status under the Act. The Jones Act provides an injured seaman with the opportunity to receive payment for both personal injuries and maintenance and cure. The Act does not allow for payment of non-pecuniary damages, however. Determining the amount of compensation a seaman may be eligible to receive as a result of an offshore injury can be difficult. An experienced Jones Act attorney can assist you.

Continue reading "Two New Seaman Injury Cases Filed in New Orleans Federal Court" »

Earlier this month, a New Orleans woman filed a lawsuit against JP Morgan Chase Bank, N.A. and its insurance company in Orleans Parish Civil District Court for injuries she allegedly sustained while using a drive-through teller. Megan Henry alleges she was using a drive-through banking device at local Chase Bank branch when a door on the pneumatic tube system which transfers items into the building closed on her left hand.

In her lawsuit, Henry claims she suffered injuries to her hand, wrist and arm. She alleges the bank failed to properly inspect the drive through teller machines, failed to take proper care when operating the machines, and was negligent for owning defective machines. Although it is unclear whether she sought immediate medical assistance as a result of the incident, Henry is seeking compensation for medical expenses, pain and suffering, emotional distress, and other damages.

In Louisiana, property owners are expected to maintain a certain standard of safety on their premises. Individuals invited onto a business owner's property should expect to safely conduct any business transactions they choose to engage in. When a business fails to maintain safe equipment and conditions, a lawsuit may result. Premises liability claims commonly result after injury arises from a slip or trip and fall, inadequate maintenance, construction accidents, defective conditions, and inadequate security.

Generally, the victim of an injury may recover for past and future medical expenses, loss of enjoyment of life, lost wages, loss of earning capacity, and compensation for other damages such as past and future pain and suffering. Because each damages award is fact specific and depends on the extent of an individual's injury, it is important for a hurt person to seek immediate medical care for any injuries stemming from unsafe conditions on a business owner's property. If you were injured due to an unsafe condition while invited onto a business owner's property, a skilled Louisiana premises liability attorney can help.

Continue reading "New Orleans Woman Sues Bank After Hand Trapped in Drive Through Teller Machine" »

Louisiana's Third Circuit Court of Appeals has affirmed a trial court judge's award of exemplary damages following an alcohol related motor vehicle collision. A judge awarded Steven Guillory $100,000 in exemplary damages for injuries sustained after he struck a work vehicle driven by Christopher Saucier as the vehicle turned onto Louisiana Highway 108. Immediately following the accident, Saucier failed a field sobriety examination administered by a law enforcement officer. The officer arrested Saucier for failure to yield and driving while intoxicated. An examination later performed at the police station revealed Saucier was driving the vehicle with a .171 blood alcohol content.

Following the accident, Guillory visited an emergency room due to pain in his lower back. Eventually, he sought care from an orthopedic surgeon who diagnosed him with multiple herniated discs as well as other back injuries. Guillory received a number of medical treatments for his pain. Although he stated much of his pain was alleviated by the medical treatments, Guillory claimed at trial he still experienced persistent back pain.

Guillory and his wife sued Saucier and his employer's insurer for a variety of damages, including exemplary damages pursuant to Louisiana Civil Code Article 2315.4. Under the code, exemplary damages may be awarded to a person injured in a motor vehicle accident where the other party's intoxication caused the collision and injuries, and the intoxicated individual engaged in "wanton or reckless disregard for the rights and safety of others." At trial, the jury denied Guillory's claim for exemplary damages despite that it determined Saucier's intoxication caused the accident and his resulting injuries because the jury did not believe Saucier acted with "wanton disregard." Next, Guillory filed a motion for a judgment notwithstanding the verdict. The trial judge granted his motion and awarded $100,000 in exemplary damages.

On appeal, Louisiana's Third Circuit determined the judge properly granted Guillory's motion and the exemplary damages award was reasonable. According to the appeals court, it was unreasonable for the jury to determine Saucier caused Guillory's injuries by operating a motor vehicle while impaired and also state Saucier did not engage in "wanton or reckless disregard for the rights and safety of others." Additionally, the level of Saucier's intoxication after he was arrested also supported the trial judge's ruling. The appeals court stated the amount of the exemplary damages award appeared fair and reasonably balanced given the extent of Guillory's injuries and the overall circumstances of the accident.

Continue reading "Louisiana Third Circuit Affirms Exemplary Damages Award for Injuries Caused by Drunk Driver" »

Earlier this month, a nursing home employee filed a lawsuit against Shreveport, Louisiana based D&D Builders for injuries sustained after the company's employees allegedly dropped a cabinet on her. Sandra Duplessis of Ascension Parish claims she was injured while holding a door open for employees of D&D Builders who were engaged in transporting a cabinet into her place of employment. According to Duplessis, after the cabinet began to fall she raised her arms to stop it and was thrown to the ground. A complaint filed in the 23rd Judicial District claims Duplessis suffered injury to both her spine and a shoulder on which she landed after being struck by the cabinet. Both injuries later required surgery.

Duplessis accuses D&D Builders of negligence for failing to act reasonably and exercise due care, failing to provide proper training or equipment to the company's employees, failing to assign a reasonable number of employees to the task of transporting the cabinet, and failing to provide for the safety of others while transporting the cabinet. She is seeking compensation for medical expenses, pain and suffering, disability, lost wages, reduced earning capacity, and other related damages.

A personal injury lawsuit may be filed for a wide variety of bodily harms and accidents. Common personal injury claims often result from automobile accidents, but they may also be filed for construction accidents, shoulder injuries, and spinal cord injuries. In Louisiana, damages for personal injuries which do not result in death may generally be paid for disfigurement, medical expenses, pain and suffering, lost wages and reduced earning capacity, and loss of enjoyment of life.

Construction accidents often occur quickly and leave those involved with little time to react. Under Louisiana law, companies who employ construction workers are required to adhere to specific safety requirements. Construction and building companies are also required to properly train their employees.

Shoulder injuries commonly result from falls or other accidents. It is important to properly treat a shoulder injury because it may later lead to additional physical problems such as neck pain. If surgery is required, extensive physical therapy will also likely be necessary. Even when shoulder damage is not severe, an injury will often result in missed work as recovery may take several weeks.

Victims of accidents may also suffer a wide variety of spinal cord injuries ranging from mild to tremendously severe. Such injuries may leave an accident victim in pain and disabled for life. Even slight damage to the spine may impair an individual's ability to function normally. The costs associated with treating and recovering from a spinal cord injury are generally extremely high.

Continue reading "Ascension Parish Woman Sues After Construction Workers Drop Cabinet on Her" »

A driver was killed and two passengers were injured at an allegedly dangerous intersection just north of Addis, Louisiana on Saturday. The accident occurred at the intersection of LA-1 and Sugar Plantation Road in West Baton Rouge Parish. The vehicle of the driver killed was sideswiped as it headed south and came to rest in a nearby ditch. Earlier this year, a collision at the same location took the life of Anne Browne, sister of Louisiana State University head football coach Les Miles.

Residents of neighboring Sugar Mills Plantation Subdivision believe the intersection is so dangerous some refuse to allow their children to ride through it on a school bus. According to residents, the intersection is the only way to enter or exit their rapidly growing subdivision. Although they unsuccessfully lobbied for a traffic light to be installed at the intersection in the past, the latest fatality has renewed their pleas. Residents are currently seeking to draw more attention to the dangers presented to drivers due to the lack of a traffic light at the intersection.

Officials with the town of Addis would also like to see a traffic light installed at the intersection. They believe it is one of the most hazardous intersections in the area. Unfortunately, LA-1 is managed by the state and Louisiana Department of Transportation and Development officials disagree. Instead, the state plans to install what is known as a j-turn lane which would require drivers to take a right hand turn when exiting the subdivision. Drivers seeking to travel in the opposite direction would then be required to make a u-turn down the road. Some residents believe the state's j-turn plan will simply move traffic accidents and more potential fatalities down the road.

The bulk of personal injury lawsuits filed each year are the result of an automobile accident. Common causes for motor vehicle collisions include inattentive or impaired drivers, automobile defects, and hazardous road conditions. Injuries resulting from a car accident can often be exceedingly debilitating. Injured occupants may be entitled to receive money damages for medical bills, pain and suffering, loss of income, loss of enjoyment of life, disability, and wrongful death. Recovery from a car accident can be a stressful time. A qualified personal injury lawyer can help.

Continue reading "Another Fatality at Addis Intersection Where LSU Coach Miles' Sister Was Killed in April" »

Three new asbestos lawsuits were recently filed in the Orleans Parish Civil District Court. After being diagnosed with mesothelioma in October, Juan Rivera filed a lawsuit against Avondale Industries, Inc. for exposure to asbestos between 1966 and 1974 during the course of his employment with the company. Avondale Industries is accused of reckless and willful negligence and failure to provide a safe working environment. Rivera also named 32 additional defendants who purportedly sold, manufactured or distributed the asbestos to which he was exposed. Rivera claims all of the named defendants were negligent in their handling of asbestos which resulted in his exposure and subsequent cancer. Rivera also alleges the defendants failed to warn him, failed to adequately inspect and test asbestos products, failed to report the results of medical product tests truthfully, and failed to package the products appropriately. Rivera seeks compensation for past and future medical expenses, lost wages, pain and suffering, loss of quality of life, disability, and other damages.

After a recent mesothelioma diagnosis, a second plaintiff, Roger Klibert, filed a lawsuit in Orleans Parish Civil District Court against most of his former employers dating all of the way back to 1946. Klibert is seeking damages from Avondale Shipyard, Shell Oil Company, DuPont, American Oil, and several asbestos manufacturers and distributors for negligently or intentionally exposing him to asbestos. He has also accused the defendants of concealing the dangers of handling asbestos from him. Klibert has asked the court to award monetary damages for physical and mental pain and suffering, medical expenses, lost wages and earning capacity, and other costs.

On December 8th, Harold Guarino also filed suit in Orleans Parish Civil District Court against Avondale Shipyards and several other defendants who manufactured or sold asbestos products. Guarino claims he developed mesothelioma as a result of negligence on the part of defendants during the course of his employment more than 30 years ago. He alleges his cancer resulted from breathing asbestos fibers in the air after defendants failed to provide proper safeguards and acted with indifference to his welfare and safety. Guarino is seeking compensation for medical costs, pain and suffering, lost earnings, loss of enjoyment of life, and other damages.

Mesothelioma is a rare form of cancer believed to be caused by exposure to asbestos. It frequently occurs in shipyard or construction workers, miners, and employees in other industries where asbestos was commonly used. Due to the time it takes for exposure to result in symptoms and a diagnosis, it is often difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The costs associated with mesothelioma treatment are often quite high. A mesothelioma victim may be eligible for compensation for medical costs, lost wages, pain and suffering, and his or her family may be eligible for death benefits. A personal injury attorney with experience representing mesothelioma patients can assist you with evaluating the facts of your case.

Continue reading "Three New Mesothelioma Lawsuits Recently Filed in Orleans Parish Civil District Court" »

A local barber was killed Friday morning after his vehicle burst into flames in a hit-and-run accident on Interstate 10 in New Orleans. 48-year-old Mitchell Baptiste was killed when his car spun out of control, hit a pole, and became engulfed in flames after a black Nissan with tinted windows and a large Fleur de lis on the back window struck Baptiste from behind. According to witnesses, the Nissan left the scene as they unsuccessfully attempted to save Baptiste. As a result of the accident, the interstate was closed in both directions for several hours. New Orleans police are currently seeking any information related to the vehicle and driver involved in the crash.

Baptiste's was the second death in his family last week. His mother died from heart complications on Tuesday. He was headed to the airport Friday to retrieve his older brother, Stephen, who flew to New Orleans for the funeral. When Stephen couldn't reach Baptiste on the telephone, he took a cab to his salon. The ride lasted nearly an hour due to traffic. After Stephen learned the interstate was closed, he was concerned Baptiste might be stuck in traffic on the way to the airport. Eventually, he learned his brother was a victim in the fatal accident.

Americans spend countless hours in their cars each week and motor vehicle accidents are an unfortunate fact of life. In fact, motor vehicle collisions are the cause of most personal injury claims filed each year. Auto collisions may be caused by a variety of factors including inattentive, impaired or reckless drivers, motor vehicle defects, and hazardous road conditions. An automobile accident can range in severity from a minor fender bender to a fatal crash. Injured drivers and passengers may be entitled to receive monetary damages for past and future medical bills, pain and suffering, loss of income, loss of enjoyment of life, disability, and wrongful death. Regardless of the severity of injuries, an experienced personal injury attorney can help you evaluate your claims.

Continue reading "New Orleans Man Killed in Hit-And-Run Auto Accident on I-10" »

Last week, two new personal injury lawsuits were filed in Louisiana's 23rd Judicial District Court against national retailer Wal-Mart. On December 8th, Susan Imbraguglio of Acension Parish filed a negligence claim against the corporation and the store's general manager seeking damages for medical bills, pain and suffering, disability, lost wages and loss of enjoyment of life associated with an alleged slip and fall. According to Imbraguglio, she slipped on apple slices while exiting a restroom and fell to one knee after a series of attempts to catch her balance. Her knee later required surgery.

The next day, Janis Immasche filed a case against a Prairieville Wal-Mart after she was allegedly struck in the back by a pallet jack which knocked her to the ground. Immasche alleges Wal-Mart committed negligence by failing to warn her, failing to maintain safe premises, and providing poor employee supervision. She also claims the store refused to summon medical assistance after she was struck by the pallet jack. Immasche is seeking damages for medical costs, pain and suffering, and permanent disability related to the neck and back trauma she purportedly suffered during the accident.

All property owners in Louisiana are required to maintain a certain standard of safety on their premises. Failure by an individual or business to maintain safe conditions may result in a lawsuit. In order to file a premises liability lawsuit, a claimant must be an invitee on the property such a shopper in a business. In Louisiana, if a party was injured while trespassing he or she is not entitled to financial recovery.

Premises liability accidents generally fall into three categories. The categories are slip and fall, trip and fall, and construction accidents. Regardless of the category, any injuries must be documented and treated by a doctor. An injured person may be able to recover the costs of medical care, lost income, and compensation for other damages such as pain and suffering. An experienced premises liability attorney will explain the types of damage awards you may be eligible to receive due to your injuries.

Continue reading "Prairieville, Acension Parish Wal-Marts Sued for Premises Liability Negligence" »

According to the National Highway Traffic Safety Administration, text messaging or sending emails while behind the wheel is becoming an increasing problem. Approximately one-fifth of all drivers admitted to sending messages while driving in 2010, an increase of 50 percent over the previous year. Young drivers were even more likely to text or email while on the road. Half of all drivers aged 21 to 24 admitted to sending messages from behind the wheel.

The National Highway Traffic Safety Administration reports distracted driving caused more than three thousand deaths last year. Sending messages while driving is not only unsafe, it is illegal in 35 of our nation's 50 states. At least three other states treat text messaging and the use of cellular telephones as part of a larger distracted driver issue. In Louisiana, texting and driving has been illegal since 2008, but it wasn't made a primary offense for which drivers could be pulled over until two years later. The Safety Administration currently advocates for both stricter enforcement of laws which ban texting or emailing while driving and effective educational campaigns aimed at drivers.

Merely speaking with others on a cell phone can also result in distracted driving. The National Highway Traffic Safety Administration estimates nine percent of drivers on the road in 2010 were using a cellular telephone. This rate was even higher for drivers aged 16 to 24. In Louisiana, cell phone use by teens aged 17 and under is prohibited.

Americans spend countless hours in their cars each year. Drivers who are distracted by cell phones, text messages, and email can be a serious danger to everyone on the road. A wide variety of injuries and even death may result from their negligence. If you were injured in an automobile accident due to another person's inattention, you may be eligible to receive compensation for past and future medical bills, lost wages and earning capacity, pain and suffering, and loss of enjoyment of life. Because no two auto accidents are alike, an experienced car accident attorney can help you assess the amount of damages you should recover from the driver who caused your injuries.

Continue reading "Texting and Emailing Behind the Wheel on the Rise in Louisiana, Nationwide" »

The Louisiana Third Circuit Court of Appeals recently stated the parents of a man killed while working at the St. Landry Parish Sanitary Landfill failed to prove the intentional act exception to worker's compensation immunity applied to their son's accident. 22-year-old Martel Smith was crushed to death on April 22, 2008 while working at the 200 acre landfill. On the day of his death, Smith was working alone using a Mack truck with a tilting bed to dump canisters. The tilting truck bed was moved by a hoist system operated by spring loaded controls which required constant pressure and were located inside the truck's cab. Although the landfill was closed to the public, 14 other employees were also working on the premises on the day of Smith's death. After a co-worker found Smith crushed between the truck's frame and the hoist, a number of co-workers extricated him and moved his body away from the truck. Unfortunately, all efforts to revive him failed.

There was no evidence the truck had malfunctioned and each of Smith's co-workers testified at trial they were not present during his accident. Many of his fellow employees also stated it was likely impossible for Smith to operate the hoist's controls from the location where his body was found. An expert hired by Smith's parents testified a third party must have been involved in the accident due to the spring loaded nature of the hoist controls.

Smith's parents alleged an unnamed co-worker must have killed him. According to his parents, Smith was the victim of an intentional act which nullified the exclusive remedy available through Louisiana workers' compensation laws. Because his parents lacked further evidence to support their claim, the trial court granted summary judgment in favor of Smith's employer.

Generally, when a person is injured on the job while working on land, workers' compensation laws provide the only remedy. Exceptions to state workers' compensation laws exist, however. Louisiana's intentional act exception put forth by Smith's parents requires a showing the employer consciously desired the physical result or knew it was fairly certain to happen as a result of the employer's conduct. Because Smith's co-workers each testified they were nowhere near him at the time of his accident, his parents were required to show an issue of material fact regarding an intentional act existed. Instead, Smith's parents only offered possible third-party causes for his death which failed to demonstrate his employer consciously desired his injury. Consequently, the appeals court affirmed the lower court's ruling.

Continue reading "No Workers' Compensation Exception in St. Landry Parish Landfill Death" »

Five men have recently filed a Jones Act lawsuit against Tetra Technologies, Inc. in New Orleans federal court. The men are alleging they fell 80 feet into the Gulf of Mexico during removal of a bridge which connected two pieces of an oil production platform last May. The five offshore workers, Josue Olvera Armijo, Jose Luis Ponce-Zuniga, Kyle Ivy, Derrick Picou and Abraham Mayorga, were assigned the task while initially working aboard the D/B Tetra.

According to the complaint, the five men cut the bridge's support structures and affixed four nylon straps to the bridge. After a crane made an unsuccessful attempt to lift and remove the bridge, the nylon straps were allowed to hang loosely. The five workers were allegedly instructed to climb onto the bridge in order to ascertain the next steps to remove the bridge. While the men were on top of the bridge examining it, one end collapsed and tilted towards the water. Everything on the bridge, including the workers, fell 80 feet into the water below.

The workers accuse Tetra Technologies, Inc. of multiple acts of negligence and seek compensation for injuries sustained both during their fall and when they were purportedly struck by falling equipment while in the water. In addition to damages for medical expenses, pain and suffering, lost wages, and permanent disability, the workers also asked the court to award punitive damages against the company.

Offshore workers injured while on the job normally have little or no recourse through workers' compensation laws. Instead, they are protected by The Jones Act. Congress passed the Act in 1920 in order to allow an employee injured while working on a marine vessel to directly sue an employer based on the vessel's lack of seaworthiness or the employer's negligence. The provisions of the Act are important because it provides offshore workers with recourse previously unavailable through general maritime law.

In order file a Jones Act claim, an offshore vessel must not be affixed to the seafloor and an injured worker must fit the Act's definition of a seaman. Most workers on a marine ship or other floating vessel qualify for seaman status under the Act. The Act allows an injured employee to receive compensation for both maintenance and cure and personal injuries. It does not allow for non-pecuniary damage awards, however. Determining an offshore worker's status and the amount of compensation an employee may be awarded under the Act can be tricky. A qualified Jones Act lawyer can help.

Continue reading "Louisiana Jones Act Claim Filed After Five Workers Fall 80 Feet Into the Gulf of Mexico" »

The Lake Charles chapter of Mothers Against Drunk Driving (MADD) held a vigil this weekend to raise awareness regarding the impact drunk driving has on individuals and families in both Louisiana and nationwide. Community action site leader Barbara Daretz lost her only grandson, Ryan, due to the actions of a drunk driver more than three years ago. He was struck by an intoxicated driver after a Louisiana State University football game in October 2007. The young man sustained a traumatic brain injury and remained in a coma until he died eight months later at the age of 24. According to Daretz, Ryan wasn't killed in an accident because his death was entirely preventable. She hopes to prevent other families from losing loved ones through awareness events like the one held in Lake Charles.

Each year, the number of alcohol-related motor vehicle crashes rises during the holiday season. Because of this, MADD has designated December as National Drunk and Drugged Driving Prevention Month. According to MADD, one in three people will eventually be involved in an alcohol-related crash and someone is injured by an impaired driver every minute. Those attending holiday celebrations are encouraged to designate a driver or make other arrangements prior to heading out.

Consuming alcohol can affect a driver's judgment, perception, and reaction time. An impaired driver is a hazard to not only themselves, but also everyone they encounter on the road. Drunk driving is a leading cause of fatal motor vehicle accidents. You and your loved ones are placed at risk every time someone chooses to drive under the influence of alcohol or drugs.

Continue reading "MADD Vigil Raises Awareness About Risks of Impaired Driving in Lake Charles, Louisiana, and Elsewhere" »

A maintenance technician's family has filed a wrongful death suit in connection with a crane accident which occurred last year. Nolan Knoblock, Jr. was killed while attempting to change a light bulb in the West Bridge section of the Louisiana Offshore Oil Port Marine Terminal after a crane he was using as a work platform malfunctioned. According to reports, the crane unexpectedly lurched forward and pinned Knoblock against a wall. Soon after being freed, Knoblock died from his injuries.

An accident investigation revealed the malfunction resulted from a problem with the crane's control wiring. Knoblock's family has accused Offshore Process Services Inc., Konecranes Inc., Donavan Meyer Associates Inc., Oil States Martec Crane Services Inc., Oil States MCS Inc., and Oil States Industries Inc. of negligence for failing to properly maintain the crane and for certifying the crane's safety. Knoblock's family is seeking money damages for Knoblock's pain and suffering before he died, loss of society, loss of service and support, mental anguish, medical expenses, and punitive damages. Although the family filed its lawsuit in Tangipahoa Parish District Court, the case was removed to a New Orleans federal court in late November.

A wrongful death award is designed to provide compensation to the family members of an individual who was killed through another party's negligence or wrongful act. In Louisiana, only a surviving spouse, children, parents, or guardians may file a wrongful death lawsuit. In limited circumstances, siblings or grandparents may also be entitled to file such a suit. Louisiana law requires plaintiffs to file their wrongful death lawsuit within two years from the date of a loved one's death. Because of this, it is important to consult with an attorney as soon as possible after a tragic death.

Continue reading "Louisiana Wrongful Death Suit Filed Over Crane Malfunction" »

An employee of National Oilwell Varco has filed a lawsuit in a New Orleans federal court against Alimak Hek, Inc. for injuries received while performing work on a mobile offshore drilling unit. Christopher Gonzales is seeking damages for injuries stemming from his 85 foot fall through an open elevator shaft on the Discoverer Deep Seas last April. In his lawsuit, Gonzales alleges he and a crew of co-workers were hurried through an elevator installation project on the rig by representatives of Alimak Hek. The crew Gonzales worked on was tasked with removal of an existing elevator and the assembly and installation of a new one. According to Gonzales, Alimak Hek was responsible for planning and supervising the elevator installation on the Transocean owned vessel. Gonzales alleges one of Alimak Hek's employees created the hole through which he fell and sustained massive injuries.

Gonzales alleges employees of Alimak Hek ordered him to assemble the elevator in a manner that was inconsistent with plans and specifications approved by Transocean. According to Gonzales, the alterations were then rejected by Transocean. This resulted in pressure from Alimak Hek to complete the project quickly and to avoid delay.

Gonzales was injured while installing paneling in an elevator shaft 225 feet above the rig's drill floor. He stated in his complaint that he was assured the top of the elevator would be positioned level with a steel grating on which Gonzales stood while working. Instead, an Alimak Hek supervisor allegedly moved the elevator to a position 85 feet below the grating which created a hole in Gonzales' work platform. Gonzales inadvertently fell through the hole and the top of the elevator broke his fall. He sustained multiple injuries which required several surgeries and a great deal of rehabilitation.

Workers who sustain injuries on a mobile offshore drilling unit generally have little recourse through workers' compensation laws but are instead subject to the protections of the Jones Act. The Jones Act was passed by Congress in 1920 in an effort to protect marine employees injured while working on a floating vessel. The act allows an injured employee to directly sue a marine employer. In order for the Jones Act to apply, an offshore vessel must be mobile and the injured worker must fit the Act's definition of a seaman. Courts have traditionally classified a worker's seaman status broadly to include most staff on a ship or other vessel.

The Jones Act provides for maintenance and cure and allows financial recovery for personal injuries, but does not allow for non-pecuniary awards. A marine employee's status as well as the amount of compensation an injured seaman may receive under the Jones Act is complicated. An experienced Jones Act attorney can help you determine your status and protect your rights.

Continue reading "Worker Sues After Falling 85 Feet on Mobile Offshore Drilling Unit" »

A mother has filed a wrongful death lawsuit against a Lafayette Parish sheriff and his deputy alleging her son suffered a fatal asthma attack following the deputy's use of a taser on him. 28-year-old Javon Rakestrau died last year in Lafayette after Sheriff's Deputy Chris Guidry attempted to stop and question the man as he walked along a street. When Rakestrau failed to comply and continued walking, an altercation allegedly ensued and Deputy Guidry used a stun gun on Rakestrau in an effort to subdue him. The lawsuit alleges Deputy Guidry continued to shock Rakestrau even after the man became nonresponsive. Rakestrau was pronounced dead at the scene of the altercation.

A pathologist ruled Rakestrau's death accidental, but stated law enforcement's use of the stun gun and stress from the incident were likely contributing factors. Deputy Guidry claimed he stopped Rakestrau after receiving information from an undercover officer who witnessed a man fitting Rakestrau's description engage in a drug sale in the vicinity. The Sherriff's Office has stated the altercation escalated and a taser was used because Rakestrau resisted arrest. The office also publicly released video footage of the scuffle taken from a dashboard camera in Deputy Guidry's patrol car in an effort to show the deputy followed protocol. Although he was unarmed, Rakestrau had 4.4 ounces of marijuana on his person at the time of his death.

His mother filed a a civil tort claim against the sheriff and his deputy for wrongful death. A civil tort claim allows plaintiffs to seek money damages for any harm which is not criminal in nature, such as wrongful death. In general, police officers enjoy qualified immunity from liability in cases such as this one as long as they act in good faith while engaging in their duties. Officers must use force in certain circumstances, and few restrictions exist regarding the use of non-deadly force such as stun guns. Rakestrau's mother may be able to collect damages against the officers if she can prove Deputy Guidry's conduct was excessive and out of bounds.

The lawsuit also claims Rakestrau was the victim of excessive force in violation of his civil rights. A federal civil rights law, Section 42 U.S.C. § 1983, provides citizens with the ability to sue police officers such as Deputy Guidry for money damages for violations of a citizen's Fourth Amendment constitutional protection from the use of excessive force. Rakestrau's mother is seeking damages for funeral expenses, pain and suffering, grief and asking the court to award punitive damages against Deputy Guidry.

Continue reading "Mother Files Wrongful Death Suit Against Lafayette Parish Sheriff's Deputy Following Stun Gun Death" »