Louisiana Injury Lawyer Blog

2.3 million Toyota vehicles in the United States were recalled by Toyota Motor Corporation because of defective accelerator pedals. Because of a defective mechanism, the gas pedal can become stuck causing sudden acceleration. Included in the recall are the 2009-2010 Toyota RAV4; 2009-2010 Toyota Corolla; 2009-2010 Toyota Matrix; 2005-2010 Toyota Avalon; 2007-2010 Toyota Camry; 2010 Toyota Highlander; 2007-2010 Toyota Tundra; and the 2008-2010 Toyota Sequoia SUV. Toyota had been blaming the sudden acceleration problem on floor mats becoming lodged under or against the gas pedal.

Under Louisiana law, personal injury and wrongful death claims against Toyota for injuries caused by an unreasonably dangerous defective gas pedal are governed by the Louisiana Product Liability Act, La.R.S. 9:2800.51, et seq.

Continue reading "Louisiana Consumers Affected by Toyota Recall - Sudden Acceleration Caused by Defective Gas Pedal" »

Louisiana Supreme Court Chief Justice Catherine "Kitty" Kimball continues to rapidly improve after successful surgery to remove a blockage which caused an ischemic stroke on Sunday, January 10, 2010.

Chief Justice Catherine Kimball continues to progress in her recovery from a stroke she suffered last Sunday, January 10, 2010. After being released from ICU last Wednesday, and spending a short time in a private room, Chief Justice Kimball was discharged from Our Lady of the Lake Regional Medical Center in Baton Rouge on Friday. She was admitted to a Rehabilitation Hospital to begin post-stroke therapy, and her condition improves daily.

On January 19, 2009, the Louisiana Supreme Court released the following update: "The Kimball family is very thankful for everyone's concern and prayers. In particular, Chief Justice Kimball and her family wish to express their gratitude for the life-saving actions of Acadian Ambulance, and her doctors and their teams at Our Lady of the Lake, especially Dr. Keith Hodge, Dr. Jon Olson, Dr. Dwayne Anderson and Dr. Scott Shuber. They also wish to thank the Our Lady of the Lake team for the excellent care throughout her stay, with special thanks to John Paul Funes with the Our Lady of the Lake Foundation."

Chief Justice Kimball was born in Alexandria, Louisiana, on February 7, 1945, and now resides in Ventress, Louisiana. Justice Kimball received her law degree from the Louisiana State University Law Center in 1970, after which she was a Law Clerk to Judge Nauman Scott of the United States District Court for the Western District of Louisiana. From 1971 - 1973, she was a Special Counsel with the Louisiana Attorney General's Office, and from 1973 -1981, she was General Counsel to the Louisiana Commission on law Enforcement and Administration of Criminal Justice, a portion of which time she also served as an Assistant District Attorney for the 18th Judicial District. Chief Justice Kimball was elected as a District Judge for the 18th Judicial District Court in 1982 and served as Chief Judge from 1990 - 1992, when she was elected as the first female Associate Justice to the Louisiana Supreme Court. On January 1, 2009, Justice Kimball became the first female Chief Justice of the Louisiana Supreme Court.

The Large Truck Crash Causation Study commissioned by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation (DOT) concluded that: "Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance." The Large Truck Causation Crash Study was based on a review of the pre-crash contributing factors and causes of large truck crashes involving commercial motor vehicles nation-wide. Of significant interest is that the Large Truck Causation Crash Study found that the critical reason for 43% of all truck crashes caused by tractor trailer drivers was the large truck driver's decision errors, including driving too fast for conditions to be able to respond to unexpected actions of other road users; driving too slow for traffic stream; misjudgment of gap or other driver's speed; following too closely to respond to unexpected actions; false assumption of other road user's actions; making an illegal maneuver; taking inadequate evasive action, e.g. braking only, not braking and steering; aggressive driving behavior; and driving too fast for a curve/turn.

Continue reading "Truck Driver's Decision Errors Cause 43% of Large Truck Crashes" »

A Tickfaw, Louisiana woman was killed on January 12, 2010 on I-12 in Hammond, Louisiana, when her 2004 Mercury Mountaineer sustained a rear left tire blowout, causing the SUV to roll over several times. The cause of the tire blowout is unknown at this time. It could have been caused by impact damage, excessive wear, or improper installation, inflation or maintenance. Or, many SUV rollover and tire blowout accidents are actually caused by product defects in the SUV and tire. In order to properly investigate the potential product defects in the SUV and tire, the SUV and tire must be preserved for testing.

Common tire defects include a lack of an adequate antidegradant and antioxidant package; inadequate adhesion in the tread belt system; lack of or insufficient belt edge wedges or "gum strips"; a thin inner liner that allows air to leak into the carcass of the tire; and lack of nylon overlays or cap plies. Correction of these common tire defects can prevent catastrophic tread belt separation that lead to tire blowout. Additionally, some SUVs are improperly designed and manufactured with defective handling characteristics; with a roof structure that does not maintain structural integrity in a rollover; with an extremely high center of gravity which results in a propensity to roll over; and with a suspension designed and manufactured in such a manner as to allow the rear end of the vehicle to skate under foreseeable circumstances, resulting in a propensity to overturn. Some SUV manufacturers have even allowed and approved the installation of larger size tires than the vehicle was designed for, thereby increasing the vehicle's center of gravity and the potential for SUV rollover, and required a substandard inflation pressure for the SUV's tires.

Continue reading "Tire Blowout in Hammond, Louisiana Results in SUV Rollover Death" »

Louisiana's Traumatic Head Injury or Spinal Cord Injury Trust Fund provides services to Louisiana citizens who survive traumatic head or traumatic spinal cord injuries, and who have exhausted all other governmental and private resources. Individual services are limited to $15,000 per year, with a cap of $50,000 over the individual's lifetime. Services include evaluations, post-acute medical care rehabilitation, therapies, medication, attendant care, equipment necessary for activities of daily living, and other goods and services deemed appropriate and necessary. Baton Rouge, Louisiana brain injury and spinal cord injury attorney, Scott Andrews, suggests that eligible individuals immediately contact the Traumatic Head Injury or Spinal Cord Injury Trust Fund office for more information and to be placed on the waiting list for available services, since it could take several years to become a trust fund beneficiary for this first come first served program.

Continue reading "Louisiana Head Injury and Spinal Cord Injury Victims May Be Eligible for Assistance" »

So much for the medical malpractice crisis in Louisiana. Louisiana doctors will receive a 10% dividend this year from Louisiana's largest medical malpractice insurer bringing the total amount of insurance premiums returned by the malpractice insurer to health care providers since 2008 to $20,500,000.

Thomas H. Grimstad, M.D., President / Chief Executive Officer of the Louisiana Medical Mutual Insurance Company (LAMMICO) announced on December 16, 2009 that the LAMMICO Board of Directors and the Louisiana Department of Insurance authorized a third consecutive dividend. The press release issued by LAMMICO states that: "A 10 percent dividend will be paid to individuals, groups and health care facilities holding a LAMMICO policy in force on December 9, 2009 (with the exception of medical student and tail policies). ...This dividend equals approximately $5.1 million. Dividend checks will be distributed during the first quarter of 2010. This development follows two previous dividends declared since 2008, totaling $20.5-million." The Advocate reports that Dr. Grimstad said in a prepared statement: "We declare this third dividend with confidence while maintaining a surplus level that ensures the reliable payment of claims over any cycle." Victims of medical malpractice in Louisiana should be pleased to know that Louisiana's largest medical malpractice insurer has sufficient money in its accounts to pay any and all medical malpractice claims that arise during any time period.

Continue reading "LAMMICO Returns Dividend of $20.5 Million of Medical Malpractice Premiums to Health Care Providers" »

Esteemed LSU Law Pofessor Emeritus, Saul Litvinoff, died the morning of January 5, 2010 at the age of 84. Professor Litvinoff, a former Boyd Professor, joined the LSU Law Center in 1965 and became director of the Center for Civil Law Studies in 1976. He retired in 2009. Professor Litvinoff was instrumental in drafting much of the Louisiana Civil Code, including the sections on contracts, obligations and sales. Former student and Baton Rouge injury lawyer, Scott Andrews, recalls Professor Litvinoff's photographic memory and quick wit: "Professor Litvinoff had every student's name memorized the first day the seating chart was made available and he referenced his textbooks by page number even though he never brought a book to class. His students were mesmerized by his genius and humor." The civil law community lost a great friend on Tuesday. We will miss you Professor Litvinoff.

On January 4, 2010, and 18 wheeler being operated by a Jonesboro, Louisiana man traveling northbound on U.S. Highway 167 near the Jackson Parish and Winn Parish line crossed the center line and struck an oncoming car being operated by a Winnfield, Louisiana woman. Both drivers were killed.

While Louisiana is a pure comparative fault state, meaning that the fault of each person, however slight, must be apportioned, a driver who crosses the center line and strikes a vehicle in its proper lane of travel is presumed to be at fault for causing the auto accident.

Continue reading "Jonesboro Man and Winnfield Woman Killed in Collision Near the Jackson - Winn Parish line" »

Two men supposedly cooking fish were rushed to Springhill Medical Center and then to LSU Medical Center's Burn Unit in Shreveport, Louisiana, with serious burn injuries following an explosion at their Sarepta, Louisiana home on December 29, 2009. Webster Parish Deputies are investigating the true cause of the explosion. According to the United States Fire Administration, 84% of all civilian fire deaths occurred in residences in 2008. Baton Rouge, Louisiana burn injury attorney, Scott Andrews, warns residents to never leave an active cooking appliance unattended, never place hazardous or flammable liquids near a gas hot water heater, and never leave flammable materials near space heaters.

Continue reading "Louisiana Men in Shreveport Hospital with Serious Burn Injuries Following Webster Parish Home Explosion" »

Around 3:05 a.m. on Friday, January 1, 2010, an Eros man was killed when the driver of the truck he was occupying lost control and struck a tree in Jackson Parish, Louisiana. Both occupants were ejected since neither was wearing a seat belt.

Under Louisiana law, the doctrine of comparative fault applies to auto accidents. However, failure to wear a seat belt cannot be used to show comparative fault or failure to mitigate damages. If the driver is intoxicated, and he/she is at least 25% at fault in causing the accident, then he/she cannot recover for his/her own injuries. If the driver is intoxicated, the passenger may be at fault for riding with an intoxicated driver. If the roadway or shoulder is defective or if the struck tree is too close to the highway, then the State of Louisiana, through the Department of Transportation and Development, may be partially at fault. The legal rights that attach to a car wreck are complicated. In order to better understand your legal rights, you should contact an experienced attorney if you are seriously injured or if a loved one suffers a wrongful death in an automobile or truck accident.

Continue reading "Jackson Parish Louisiana Auto Accident Claims Life of Eros Man" »