Louisiana Injury Lawyer Blog

Generally, no person shall be liable for damages for injury, death, or loss of the operator
of a motor vehicle, aircraft, watercraft, or vessel who is found to be in excess of 25% negligent as a contributing factor in causing his damages as a result of operating a motor vehicle, aircraft, watercraft, or vessel while his blood alcohol concentration was 0.08, or who was operating while he was under the influence of any controlled dangerous substance unless prescribed or provided by a health care provider.

The Louisiana Supreme Court in Fulmer v. State of Louisiana, Department of Wildlife and Fisheries, 2010-2779 (La.7/1/11), clarified that seamen employed by the State of Louisiana may assert a claim for damages against the State of Louisiana under the Jones Act. The Supreme Court held that because the State of Louisiana has consented through Article XII, Section 10 of the Louisiana Constitution to suits for personal injury, claims against the State of Louisiana under the Jones Act brought by state-employed seamen are not prohibited under the Louisiana Worker's Compensation Act or the Louisiana Constitution.

According to Baton Rouge, Louisiana admiralty and maritime attorney, Scott Andrews, the most common Jones Act and maritime claims against the State of Louisiana arise out of ferry accidents, primarily on the Mississippi River. Claims are brought by employed seamen injured while working on state run ferries and by passengers injured in ferry accidents, such as once such case handled by Scott Andrews when a New Orleans ferry collided with the dock causing a passenger to fall from the stairs on the ferry.

On May 20, 2011 MOEX USA and BP reached an agreement on a $1.06 billion payment for MOEX's involvement in the explosion of the Deepwater Horizon rig in the Gulf of Mexico which led to the devastating oil spill. MOEX continues, however, to deny liability for the accident. The parties agreed to release each other from mutual fault arising from the accident, although punitive damages, civil, criminal, or administrative fines, and penalties are not included in the indemnities. The companies jointly recognized the findings of the National Commission on the BP Deepwater Horizon which concluded that the explosion of the rig was the result of various risk factors, as well as, outright mistakes by multiple parties. BP claims it will apply the $1.06 billion payment to the $20 billion trust it has established for the payment of claims resulting from the explosion, oil spill, and damage to natural resources.

The Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews was selected for first tier (those firms that scored within a certain percentage of the highest scoring firms) inclusion in the 2010 inaugural rankings of U.S. News - Best Lawyers "Best Law Firms", in the practice areas of Personal Injury Plaintiffs and Product Liability Plaintiffs. "The selection involved surveying thousands of law firm clients; leading lawyers and law firm managers; partners and associates; and marketing officers and recruiting officers. Each were asked what factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment."

"Client and lawyer surveys collected mostly reputational data. Using a scale of 1 (weakest) to 5 (strongest), clients voted on expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to a firm. Lawyers voted on expertise, responsiveness, integrity, cost-effectiveness, and whether they would refer a matter to a firm and whether they consider a firm a worthy competitor."

Louisiana Association for Justice President Donald W. Price of the Baton Rouge, Louisiana admiralty and maritime law firm of Due', Price, Guidry, Piedrahita & Andrews will present a webinar entitled Gulf Oil Disaster: Claims for Economic Damages Under the Oil Pollution Act and General Maritime Law for LAFJ on July 8, 2010 at 2:00 p.m. CST.

Donald Price will discuss the bases for economic loss claims arising out of the Deepwater Horizon drilling rig disaster under the Oil Pollution Act of 1990 and general maritime law. Discussion will include the basis for liability, potential defenses to liability and the unique procedural aspects of making federal law claims.

Recently, Kirk Guidry and Randy Piedrahita of the Baton Rouge, Louisiana maritime law firm of Due', Price, Guidry, Piedrahita & Andrews, obtained one of the largest (if not the largest) settlements for a paraplegic in Louisiana history. In Wooley v. Longnecker, No. 106577E, 17th JDC, Parish of Lafourche, Mr. Wooley was injured when a load shifted on an offshore debris barge, crushing his spine at his midsection. Suit was filed against the numerous corporations in charge of the offshore project, who blamed each other and Mr. Wooley for his injuries. Shortly before trial, Kirk and Randy negotiated a $15,000,000.00 settlement for Mr. Wooley, a substantial amount for an injury of this tragic nature.

The Louisiana State Bar Association posted the following notice today regarding advertising legal services ethically in Louisiana in the wake of an accident or disaster.pdf:

"In an effort to assist our lawyers in their efforts to offer legal assistance to members of the public in the days, weeks and months that follow an accident or disaster, we would remind lawyers to review the Louisiana Rules of Professional Conduct and state law before attempting to advertise for and/or contact prospective clients in connection with the accident or disaster, paying particular attention to the items listed below.

"Additionally, as a benefit of LSBA membership, the Louisiana State Bar Association's Ethics Advisory Service and LSBA Ethics Counsel are available to provide FREE confidential, informal, non-binding advice and opinions on matters regarding a lawyer's own prospective conduct--including questions about proposed lawyer advertising and/or unsolicited written communications. Also, all advertisements and unsolicited written communications that must be filed and evaluated for compliance as per Rule 7.7 should be directed to LSBA Ethics Counsel; information on the filing requirements and filing process is available on-line, 24/7, at: www.LSBA.org/LawyerAdvertising. LSBA Ethics Counsel, Richard P. Lemmler, Jr., can be reached at direct dial (504) 619-0144 or RLemmler@LSBA.org."

Law 360 interviewed Baton Rouge Maritime attorney, Kirk A. Guidry, of the Baton Rouge injury law firm of Due', Price, Guidry, Piedrahita & Andrews. The article written by Jesse Greenspan appeared on April 23, 2010, and is entitled Much Litigation Expected After Oil Rig Explosion. Kirk Guidry told Law 360 that any personal injury or wrongful death cases would likely be brought under the Jones Act and would therefore not be removable to federal court. Kirk Guidry also stated that the first big issue that would have to be resolved is the limitation of liability issue, which will be argued in Federal Court.

Continue reading "Baton Rouge Maritime Attorney Interviewed about BP Oil Rig Explosion and Oil Leak Litigation" »

The Deepwater Horizon oil platform sank into the Gulf of Mexico yesterday after burning out of control following an explosion. Eleven workers are still missing and are not expected to be found alive. At least one lawsuit has already been filed against the rig's owner, Transocean, Ltd., and contractor, BP. In addition to the devastating loss of life that is expected to result from this preventable explosion, extreme environmental damage is also expected since the oil platform carried 700,000 gallons of diesel fuel and could spill as much as 8,000 barrels of crude oil a day.

Continue reading "Deepwater Horizon Oil Platform Sinks into the Gulf of Mexico" »

At least four oil rig workers were critically injured, and eleven oil rig workers are missing following an explosion and fire on the mobile offshore drilling rig, Deepwater Horizon. The rig was in the Gulf of Mexico around 50 miles southeast of Venice, Louisiana when the explosion and fire occurred on Tuesday, April 20, 2010, around 10 p.m. It is reported that the drilling rig is leaning badly and may become submerged. The drilling rig is believed to be owned by Transocean and is believed to be operated for BP. A hotline has been set up for family members to obtain information--call 832-587-8554.

Continue reading "Explosion and Fire on Gulf of Mexico Mobile Offshore Drilling Rig Near Venice Louisiana" »

The 200 foot boom of a crane collapsed onto a fabrication shop at Elevated Boats, Inc. in Houma, Louisiana, killing one man and injuring another on November 17, 2009. The collapse occurred when the steel base of the crane ripped and detached while the crane operator was moving a 30 ton weight from the flat bed of an 18 wheeler. The accident remains under investigation by OSHA.

A crane collapse is usually caused by operator error, defective design of the crane or a component part, or improper maintenance. When injured or killed on-the-job by a crane collapse in Louisiana, worker's compensation is often the exclusive remedy for the injured or killed worker. However, if the crane or a component part is defective, or if the crane was improperly maintained or negligently operated by a contractor or other third-person who is not considered an employer or co-employee, a claim may be made outside of the worker's compensation scheme. And, when an on-the-job crane collapse in Louisiana is covered by the Jones Act or General Maritime Law, a claim for injury or death can sometimes even be made against an employer or co-employee.

Continue reading "Man Killed in Houma, Louisiana by Collapsed Crane" »