Baton Rouge Injury Lawyer Blog

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" »

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" »

Surprisingly, cruise vacation bookings in New Orleans have not slowed following the Costa Concordia cruise ship disaster off of the coast of Italy last week. Last Friday, the ship began taking on water after it struck a rock formation while carrying more than 4,000 people from across the world. About two hours later, the Costa Concordia became disabled and tipped on its side near Giglio Island. Following the accident, eleven bodies were recovered and 21 people still remain missing.

The Costa Concordia was reportedly traveling too close to the rocky Italian shoreline when it was damaged. A unit of Carnival Corporation, Costa Crociere, operated the cruise ship and has blamed the ship's captain, Francesco Schettino, for the disaster. According to Costa Crociere, Captain Schettino violated operating procedures when he deviated from the ship's approved course.

Local travel agents have stated the Costa Concordia tragedy has not had an effect on cruise bookings out of New Orleans during what is traditionally the busiest time of year for their agencies. The period from mid-January through late March is generally when most people book their cruise vacations for the year. One travel agent, Bob Wall, claims he has not had any customers cancel cruise vacation plans in response to the disaster, nor is he receiving calls requesting more information about the accident. Wall also said he cannot recall seeing such a dramatically disabled ship as the Costa Concordia during his 28 years working in the travel industry.

Many Louisiana travel agents believe cruise bookings have continued because human error purportedly caused the Costa Concordia tragedy. Wall has stated he thinks the cruise industry would be facing larger challenges as a result of the accident if instead the ship had failed numerous safety inspections or if Costa Crociere had a history of putting the lives of passengers in jeopardy.

In response to the Costa Concordia accident, Carnival Corporation has stated publicly the company is working hard to fully understand what caused the disaster. The Cruise Lines International Association also issued a press release reminding would be vacationers that this type of accident is exceedingly rare and cruising is generally a safe means of travel.

The director of cruise operations at the Port of New Orleans, Robert Jumonville, believes the accident will not have a major effect on worldwide cruise operating procedures. He also stated the likelihood a similar disaster would occur off of the coast of New Orleans is remote as the marshy, muddy shoreline of Louisiana is quite different than the rocky shoreline of Italy. Ships that get stuck in the mud generally need towed out, but do not begin taking on water. According to Jumonville, the biggest risk at the Port of New Orleans is the possibility of two vessels colliding.

Continue reading "Italian Cruise Disaster Has Not Slowed New Orleans Cruise Vacation Bookings" »

Two lawsuits were filed in New Orleans federal court this month over an industrial accident which killed one longshoreman and seriously injured another. On January 3, 2011, Bridget Bertrand filed a wrongful death lawsuit against Linde Material Handling North America Corp., Titan International Inc., ABC Insurance Co., DEF Insurance Co., Mi-Jack Products Inc., and XYZ Insurance Co. In her suit, Bertrand alleges her husband Shawn was killed on February 25, 2011 while performing maintenance on a Linde Reach stacker for Ceres Gulf, Inc. in the company's New Orleans Terminal. In her lawsuit, Bertrand alleges her husband was killed after the interior mechanism of the stacker's rim assembly locking ring failed and shot the tire assembly at him.

Bertrand has accused the defendants of failure to warn and improper equipment design. She alleges her husband's accident was wholly avoidable and seeks damages both individually and on behalf of the couple's minor daughter. Bertrand seeks compensation for her husband's funeral and medical expenses, physical pain and suffering, loss of support, consortium and love, attorney's fees, and other penalties.

The following day, Wayne and Pamela Strecker filed a lawsuit against the same defendants in connection with the accident. Their lawsuit alleges Wayne Strecker was severely injured and sustained numerous broken bones in the same accident that killed Bertrand. According to Strecker, a tire exploded off of its axle after internal parts on the Linde Reach stacker failed.

The Streckers have accused the defendants of failing to properly design the stacker, failure to warn, negligence, and strict products liability. The couple has asked the court to compensate them for loss of earning capacity, benefits, wages, consortium, and love and affection. They are also seeking damages for disability, medical expenses, and interest.

Many deaths each year are the result of tragic and unnecessary events such as workplace accidents. Losing someone you love is always devastating, but it can be especially shocking when the death was the result of an avoidable accident. When a death or serious injury occurs at a place of employment, an at-fault third-party may be sued for damages beyond those available under state workers' compensation laws. In many cases of wrongful death, certain family members may have a claim for damages against the party who caused the fatal injuries. An experienced personal injury lawyer can answer your questions and help you file your claim.

Continue reading "Two Lawsuits Filed Over Industrial Accident at New Orleans Port Terminal " »

On December 30, 2011, the spouse of a manufacturing worker killed after a steel ladle unexpectedly erupted and discharged melted steel on him filed suit in New Orleans federal court against his employer and the manufacturer of the steel ladle. Samuel N. Moyer received third degree burns when the ladle purportedly malfunctioned on February 1, 2011 while he was working as a furnace second helper at ArcelorMittal Laplace steel manufacturing mill. He died as a result of his injuries two days later.

Moyer's wife filed a wrongful death lawsuit against Signal Metal Industries Inc., Danieli Corp., North American Refractories Co., Siemens Vai Services, and Black Diamond Capital Management seeking compensation for conscious physical suffering and pain, mental suffering and pain, medical and funeral expenses, court costs, and other damages such as loss of support and grief. She has alleged the steel ladle itself as well as a transfer car, nest block assembly, and stir plugs were unduly hazardous in design, composition, and manufacture. She also claims the defendants failed to warn Moyer of the hazards associated with the equipment and alleges the equipment failed to conform to the manufacturer's express warranty.

Each year, literally thousands of deaths result from tragic events such as motor vehicle and workplace accidents. The death of someone close to you is always overwhelming, but it can be particularly devastating when the death resulted from a preventable accident. When a wrongful death occurs at a workplace, a death beneficiary may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws.

In most instances of wrongful death, certain family members, referred to as death beneficiaries, will have a claim for damages against the at-fault party. A death beneficiary is generally the spouse of the person who died, but may also be the individual's child, a parent, or even a sibling or grandparent under certain circumstances. In Louisiana, the death beneficiary of an accident victim may bring both a wrongful death claim and a survival claim. A beneficiary may bring a wrongful death claim against the at-fault party for their own loss of financial support and a loss of love and affection which resulted from the death. Additionally, a beneficiary may bring a survival action claim to recover for the decedent's conscious suffering and pain, lost wages, and any medical expenses which may have occurred prior to the wrongful death.

Continue reading "Wrongful Death Case Filed in New Orleans After Man Burned With Molten Steel" »

A New Orleans long-term care facility is being sued in Orleans Parish Civil District Court for negligence related to the suffocation death of a resident. Mary E. Jacob was found dead outside of Dear's Serenity House in New Orleans on New Year's Day 2011. Jacob, who was purportedly totally disabled as a result of a congenital brain disorder, died of asphyxiation from a plastic bag found lodged in her mouth. The lawsuit alleges the care facility was aware Jacob required round the clock supervision and care but instead its employees neglected her.

In the complaint, Jacob's legal representative accused Dear's Serenity House of failing to maintain proper housekeeping, failing to properly supervise Jacob, and failing to provide her with sufficient emergency care and adequately render first aid. The lawsuit seeks damages for Jacob's conscious pain and suffering, wrongful death, and lawyer's fees. Although the case was filed by Jacob's legal representative, any recovery would go to her son.

Nursing home, hospital, or assisted living facility abuse occurs when the elderly or disabled are injured or die as a result of negligence or other mistreatment in a care facility. Most care facility liability cases are the product of negligence, but they may also be the result of physical or sexual abuse, a failure to provide adequate food or medical care, the administration of incorrect medication, and emotional distress. Often, care facility abuse results from unqualified or improperly trained staff.

Signs of nursing home or long-term care facility abuse may be difficult to detect. Depression, loss of appetite, bruises, broken bones, accidents, bed sores, and missing personal items may all be signs of abuse. An abused resident may also complain of mistreatment to loved ones. In order to safeguard the rights of the elderly and disabled, it is essential to take such complaints seriously.

If you believe a loved one or other person close to you may be the victim of abuse at the hands of a facility tasked with their care, it is important to report your suspicions. An experienced Louisiana personal injury attorney may also be able to help you defend their rights.

Continue reading "New Orleans Long-Term Care Facility Sued Over Patient's Suffocation Death" »

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" »

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" »

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.

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