October 2009 Archives

October 28, 2009

Halloween Flashlights that Pose a Burn Hazard are Recalled

On October 28, 2009, the Consumer Product Safety Commission (CPSC) announced that about 610,000 Halloween themed flashlights manufactured in China and sold exclusively at Target stores from August 2009-September 2009 have been recalled. The $1 "Mini Flashlights (3 Pack)" with key rings and the $2.50 "Flashlight with Stencil" can overheat and melt, posing a burn hazard. To avoid injury, consumers should stop using the flashlights immediately and return them to any Target store for a full refund. For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. or visit www.target.com.

According to the American Burn Association, 500,000 people seek medical treatment each year for burn injuries. Each year approximately 3,500 deaths are caused by residential fires and 500 deaths result from other sources such as motor vehicle and aircraft crashes, contact with electricity and chemicals or hot liquids and substances.

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October 27, 2009

Monroe, Louisiana Constable Involved in Car Wreck with Ruston, Louisiana Man

A Justice of the Peace Constable for Monroe, Louisiana, who is also a former Ouachita Parish Police Juror, was involved in car wreck on October 26, 2009, on Louisiana Highway 151 near its intersection with Louisiana Highway 546. The Constable's car crossed the center line during a rain storm and collided head-on with an oncoming truck being operated by a Ruston, Louisiana man. The Constable suffered serious injuries and the other driver suffered moderate injuries. The auto accident occurred less than one mile from the Constable's home.

Under Louisiana law, a driver whose vehicle crosses the center line of a highway and collides with another vehicle in that vehicle's lane of travel is presumed to be at fault in causing the car accident. If the Constable was at fault in causing the auto accident, and if the Constable was in the course and scope of his employment at the time of the wreck, his employer may be vicariously liable for any injuries and damages caused by his fault.

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October 23, 2009

NSU Foundation Board Elects Scott Andrews Treasurer at the Annual Meeting in Natchitoches, Louisiana

At its annual meeting in Natchitoches, the Northwestern State University Foundation Board of Directors elected Scott Andrews as its Treasurer for the 2009-2011 term. Scott Andrews, an attorney at Dué, Price, Guidry, Piedrahita & Andrews in Baton Rouge, Louisiana, graduated from Northwestern State University in 1992 after serving as Student Government Association President. Scott Andrews has served on the NSU Foundation Board since 2003, having previously served a three year term on the NSU Alumni Association Board. Ths NSU Foundation Board serves the University, its students and its faculty, through fundraising and by promoting the educational and cultural welfare of the University.

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October 21, 2009

Louisiana Plaintiff Can Defeat Third Party Action by Dismissal With Prejudice

The Louisiana Fourth Circuit Court of Appeal held that the plaintiff has the absolute right to dismiss with prejudice an original defendant and to secure an order prohibiting all defendants from filing subsequent third party demands against the previously dismissed defendant. DiBenedetto v. Noble Drilling Co., 2009-0073, 2009-0464, 2009-1025 (La.App. 4 Cir.10/21/09), ___ So.3d___.

This Louisiana personal injury legal update is provided by Baton Rouge, Louisiana injury lawyer Scott Andrews of the Louisiana accident and injury law firm, Due', Price, Guidry, Piedrahita & Andrews.

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October 12, 2009

Airplane Occupants Killed In Pineville, Louisiana Crash

The National Transportation Safety Board (NTSB) is investigating an airplane crash that occurred in Pineville, Louisiana, on October 10, 2009. Two Cessna 150 airplanes collided over Lake Buhlow during the annual Pineville Fall Fly-In. Both planes crashed into the woods. The occupants of one plane were killed and the occupants of the other plane were seriously injured.

According to NTSB Aviation Statistics, there were 3,312 aviation accidents in the United States in 2008, which resulted in 1,136 fatalities.

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