Lake Pontchartrain Oil Rig Explosion Today
The tragedy of the Lake Pontchartrain Oil Rig Explosion and fire on Sunday, October 15 near Kenner, Louisiana just highlights the danger that offshore workers face on a daily basis. At least 7 people have been injured during the oil rig explosion today, and one person is still missing.
When an oil rig explosion explosion takes place on and oil rig and creates a fire, there is often no time to escape the danger for the unfortunate victims who live and work on these isolated and dangerous offshore structures. Sources say that there were seven individuals aboard the platform, and those injured have been taken to hospitals in New Orleans. According to the Advocate, five members have been taken to University Medical Center are being treated for severe burns and blast-type injuries consistent with the oil rig explosion today, and two in stable condition were taken to East Jefferson General Hospital.
Having been attorney for many victims of offshore injuries, I can tell you that the saddest truth about incidents like the Lake Pontchartrain oil rig explosion is that they are usually avoidable if the most basic of safety measures are followed.
Tragically, the companies who employ these workers are often more focused on speed than safety. That is when safety rules and regulations get ignored, resulting in death or serious injury such as horrible burns as were suffered by the victims of the Kenner oil rig explosion in Lake Pontchartrain.
The law provides special rules that help victims of these types of injuries recover monetary compensation for their injuries and damages, and establish liability on the part of the oil companies. However, no amount of money can ever adequately compensate the death of a loved one or adequately compensate for serious burn injuries suffered by victims of terrible tragedies such as this one, and the negligent companies who are at fault immediately focus on one thing – avoiding or minimizing liability. Our prayers go out to the victims and their families.
J. Price McNamara
Law Offices of J. Price McNamara
Family of Tractor Driver Killed by DUI Suspect Files Wrongful Death Suit
Wrongful deaths are one of the most difficult types of cases that we handle here at the Law Offices of J. Price McNamara. Whether it’s pedestrians who get hit by out-of-control cars, victims of falling objects from great heights, or other freak accidents that result in fatalities, the families that are left behind are left with pain and grief. Last year in Metairie, a tractor driver who was towing a float for the local parade was killed by an allegedly drunk driver, who was being chased by Jefferson Parish Sheriff officers. This past February, the family chose to file a wrongful death suit against one of the officers involved in the chase and against the parade organizers. Let’s take a look at the details.
What Happened in this Case?
The victim’s name was Don J. Dauzat, age 52. According to The Advocate, on the day of the accident, Dauzat had just finished towing an Excalibur float to a parade site, and was moving the tractor he used to another parade site for the Knights of King Arthur. At around 2:50 am, as he was driving the tractor, he was struck by Michael Burrle’s car as Burrle was fleeing police. The lawsuit and The Advocate explained that Dauzat was ejected from the tractor and received serious skull and brain injuries. He died less than a day later at a hospital in New Orleans. Burrle was imprisoned on the charge of suspicion of drunk driving, and then with vehicular homicide after the death of Dauzat.
Filing a Wrongful Death Suit in Metairie
It’s important to understand that although a wrongful death is heart-breaking, they are typically not criminal cases. A wrongful death is typically categorized as an accidental death that could have been prevented if the perpetrator had been less negligent. A lawsuit of this nature can only be filed if there is evidence of the another party’s responsibility in causing the death of the victim.
The statute of limitations for a wrongful death lawsuit is one year, and the goal of the suit is to seek compensation to help the families get back on track. Families can file suit for monetary recovery, loss of support and services, lost wages, and loss of love and affection. But it’s important that the suit be filed well before the statute of limitation expires.
In this case, the family of Dauzat filed the lawsuit claiming that the officer pursuing Burrle was not using his lights or siren, and that the parade organizers had not supplied a police escort for Dauzat as he worked late into the night. While the case is still ongoing, it serves as an example of how other parties, that you may not have thought of before, that could be held responsible for the death of a loved one.
How J. Price McNamara Can Help You with Wrongful Death
When filing a wrongful death lawsuit, it’s important that you have an experienced attorney in the field on your side. Here at the Law Offices of J. Price McNamara, our attorneys understand your pain and want to help you obtain the compensation you need for peace of mind after the death of your loved one. We proudly serve clients in Baton Rouge, Metairie and surrounding areas.
7 Crazy Lawsuits And 1 Legitimate One
As the number of lawsuits rises through the years, it is increasingly becoming apparent that some folks will do anything to make a buck. Frivolous lawsuits now make up a good portion of those filed, but what is a frivolous lawsuit? A frivolous lawsuit is “…any lawsuit that is filed with the intention of harassing, annoying or disturbing the opposite party. It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court.” Such lawsuits rarely make it into court, and usually wind up costing the plaintiff time, money, and sometimes dignity.
1. The McDonalds’s Coffee Case
This is perhaps the most well-known and well-documented cases in legal history. But what most people do not know is that this case was actually not a frivolous lawsuit. In reality, McDonald’s used to serve their coffee at approximately 180-190 degrees. This was hot enough to cause third-degree burns if it came into contact with skin. Additionally, McDonalds received over 700 claims for serious injuries caused by the temperature of their coffee. And yet, they continued to serve it at a blisteringly hot degree.
After ordering the piping hot beverage at a drive through, 79-year-old, Stella Lieback experienced third-degree burns when the cup overturned in her lap. She spent 8 days in the hospital and needed multiple surgeries and several skin grafts to the burned area. Most people who have heard of the suit also do not know that Lieback was only asking for compensation of her medical bills. McDonald’s refused to pony up for the medical expenses, so she took them to court. Although many people think she got millions, the actual payout was less than $600,000 and ended up paying for a live-in nurse.
2. The Wendy’s Chili Case
Most people have also heard of the Wendy’s case which happened in 2005. The media was delighted at the horror when Anna Ayala reported that she found a severed finger in a serving of Wendy’s chili. But the whole thing turned out to be a giant hoax when it was discovered that the fingertip actually came from a friend who lost it in a workplace accident.
3. The Bud Light Case
In 1991, Richard Overton sued Anheuser-Busch for false and misleading advertising. The complaint, filed in Michigan, referenced advertisements that showed beautiful women in tropical settings coming to life for two men that happened to be driving a Bud Light truck. Mr. Overton also filed an additional complaint that claimed he suffered from emotional distress, mental injury, and financial loss of more than $10,0000 from the misleading Bud Light ads. All claims ended up being dismissed.
4. The Natural Born Killers Case
In 1996, a plaintiff tried to sue Oliver Stone, Warner Brothers, and others for the making and distribution of the movie Natural Born Killers. The suit claimed that the movie and its plot caused Sarah Edmondson and Benjamin Darrus to go on a crazy crime spree that ultimately resulted in one victim being paralyzed from the chest down. The portion of the lawsuit aimed at Stone and the film makers ended up getting dismissed.
5. The Haunted House Lawsuit
In 2000, Cleanthi Peters tried to sue Universal Studios for a sum of $15,000. She claimed to have “suffered extreme fear, mental anguish, and emotional distress due to visiting Universal Studios’ Halloween Horror Nights haunted house”. The case was obviously dismissed.
6. The Video Game Lawsuit
In 2001, Columbine High School shooting victims sued 25 movie and video game makers for $5 billion, in an interesting class action case. The plaintiffs claimed that movies like Basketball Diaries and video games like Doom, Duke Nukem, Quake, Mortal Kombat, Resident Evil, Mech Warrior, Wolfenstein, Redneck Rampage, Final Fantasy, and Nightmare Creatures were partially responsible for the shootings. The whole case was ultimately thrown out.
7. Superstar Mistaken Identity Case
In a 2006 case, plaintiff Allen Heckard attempted to sue Michael Jordan and Phil Knight for $832 million. Heckard claimed to have suffered from defamation, permanent injury, and emotional pain and suffering because others often mistakenly thought he was the basketball star. Heckard ended up dropping the lawsuit for obvious reasons.
8. The Fear Factor Lawsuit
In 2005, Austin Aitken tried to sue NBC for $2.5 million over an episode of “Fear Factor”. In court documents, he claimed that watching the contestants eat terrible things on television made him “dizzy and light-headed, causing him to vomit and run into a doorway”. The case was thrown out.
Contact J. Price McNamara For Help With Your Legal Case
Are you currently dealing with the stress and pressure of a lawsuit? Have you recently been injured in an accident that wasn’t your fault? If so, the team at J. Price McNamara would like to encourage you to consider how important effective and aggressive legal representation is in the outcome of your court case. As a well-respected Louisiana attorney, J. Price McNamara is known by his peers and surrounding community for his experience and tenacious advocacy. So stop worrying about your case and let Attorney McNamara help you get the compensation you deserve for your injuries. If you live in Baton Rouge, LA or surrounding areas, call us today for a free case review. We look forward to speaking with you today!
Louisiana Professor Killed On Highway 952
In a recent sad turn of events, a Louisiana State University professor passed away after being struck by a pickup truck on busy Highway 952. News media reported that 63-year-old Elisabeth Oliver, was walking her bike next to the highway midday when a pickup truck, struck her. The unfortunate cyclist had suffered from mechanical issues and had decided to walk her bike the rest of the way home. As she walked next to the road she was hit by a 79-year-old man, in a pick-up truck. The professor was quickly transported to Our Lady of the Lake Hospital. However, she was pronounced dead not long after her arrival.
Bicycle Injuries Can Be Very Serious
According to Pedestrian and Bicyclist Crash Statistics, approximately 4,800 people are killed each year in pedestrian or motor vehicle crashes. This amounts to more than 12 people a day for every day of the year. This means that there is nearly one injury per every 8 minutes of the day. Unfortunately, only a fraction of injury related pedestrian accidents are ever recorded by the police. This means that many victims may go uncompensated for their serious injuries.
The High Cost Of Accidents
When someone is injured in a bicycle accident, the incident can place a huge amount of stress on the victim, their family, and their health. Typically, the time directly after the accident is spent in medical treatment or dealing with injuries, lost work pain, disability, and disruption of life activities. Even worse, when a death happens, family members experience anger, grief and loss of their loved one as they struggle to move forward with their lives.
After a serious or fatal bicycle collision, the injured person, or their family can incur significant damages that often include medical expenses, lost wages, pain and suffering, and loss of the things they used to enjoy in life. When the accident is caused by a negligent party, victims may be able to obtain financial compensation.
The Victims Of Bicycling Crashes
Here are some brief facts about the victims that are usually involved in bicycle accidents:
- Nearly 25% percent of bicyclist fatalities happened between 6 and 9 p.m.
- 83% of the victims were men.
- 68% of bicyclist fatalities occurred in urban areas.
- In 29% of the crashes, either the driver or the bicyclist had illegal blood alcohol levels of 0.08 or higher.
- California (141), Florida (133), and Texas (48) are the highest ranking in bicycle fatalities.
- 20% of bicyclists that died had illegal blood alcohol concentrations of 0.08 or higher.
A Caution About Laws For Bicyclers
Louisiana police agencies would like to use this opportunity to remind motorists that they law requires that they maintain a distance of at least 3 feet when passing a bicycle. This regulation is created to help protect cyclists from the danger of injuries when they pass to close. If you would like to learn how you can help protect the legal rights of bicycle accident victims and their families, contact the law firm of J. Price McNamara now.
How Can An Attorney Help You With Your Case?
Victims and their families should never attempt to wade through events alone after an accident. Having a qualified, experienced and skilled attorney on your side can help give you a financial, emotional and legal piece of mind. You have rights, and if someone has changed your life through no fault of yours, you could be entitled to financial compensation for a variety of injuries.
Contact The Firm Of J. Price McNamara For Help With Your Case
Here at J. Price McNamara we know how important effective and aggressive legal representation is in the outcome of your legal case. If you or someone you know has been injured in an accident, you should contact a qualified attorney immediately. As a well respected attorney in the Louisiana legal field, J. Price McNamara is known for his skill, experience and tenacious advocacy for each of his clients. Stop worrying about your case and let Attorney McNamara help you get the compensation you deserve for your injuries. Call our Baton Rouge, LA law practice today for your free case review and find out how J. Price McNamara can help you.
Robert Durst Case Dismissed In Louisiana
The Robert Durst case has garnered much attention in the news lately due to the bizarre circumstances and his recent arrest. However, the case has gotten more complex as a Louisiana state weapons case was dropped this week. According to local news, officials have recently decided not to prosecute the charges that had been in process for more than a month. After dropping the case, authorities declined to comment, so we can only speculate as to why the charges have been dropped against the man that many are claiming is suffering from severe mental illness.
Under the provisions of the law, the state has reserved the right to reinstitute the case anytime within the six-year statute of limitations on the charges. Durst, an infamous New York real estate heir has long been suspected as the primary suspect in a California murder case from 15 years ago. According to court documents Durst has been jailed in Louisiana since his March 14 after federal agents said they found a loaded gun and marijuana in Durst’s hotel room. These incidents led to indictments in both state and federal court.
Although the state weapons charges have been dropped, the federal case, against Durst for weapons charges remains intact. If found guilty of weapons charges, Durst could face a 10-year sentence in that case, scheduled to go to trial in September. However, given the recent developments in California legal proceedings, the weapons charges may have to wait.
Durst’s has been publicly linked to three unsolved and suspected murders recently in major news coverage in the HBO documentary series “The Jinx: The Life and Deaths of Robert Durst.” Durst has denied responsibility for all three deaths.
In 2003, an attorney helped Durst win acquittal in a charge that he murdered his neighbor in Texas. Durst admitted to shooting his neighbor and dismembering his body. However, despite the body washing up in a nearby bay in pieces, Durst was acquitted after asserting that he shot his neighbor in self-defense.
Durst also has been suspected in the still-unsolved disappearance of his first wife, Kathleen Durst, who vanished in 1982. The murder cases have recently also reached a critical stage of development after Durst reportedly confessed to “murdering them all”, when his microphone was accidentally left on in the bathroom after part of the HBO interview. The trial and its accompanying media frenzy should be interesting indeed.
See The Attorneys At J. Price NcNamara Today For Help With Your Case
If you or a loved one are dealing with legal or personal injury issue, you need an experienced attorney who knows how to deal with your type of case. The law can be complicated and filled with many important rules. For this reason, you need an attorney with knowledge of Louisiana and federal laws to help you get you the outcome you deserve for your case. J. Price McNamara has been practicing law in Louisiana for many years and has handled many cases just like yours. With a wealth of knowledge and respect from both the legal and surrounding community, J. Price McNamara can provide the legal representation that you need. Call us today to schedule your free case review and get an experienced team of legal professionals on your side.
Louisiana Wrongful Death Oil Rig Case Settles Out Of Court
WRONGFUL DEATH CASE
Last week the son of a Louisiana man killed during a 2011 Beaumont oil rig accident, settled out of court with his father’s former employers. The case was just about to go to trial when the settlement for an undisclosed amount of money was announced.
Justin Burnett initially filed his wrongful death lawsuit in January 2013 against T.K. Stanley, Nabors Drilling USA and Legend Oil Field Services. The case was filed in Jefferson County’s 136th Court.
According to court documents, 40-year-old Scottie Wayne Burnett was working as a “rigger” at a Jefferson County drilling site in 2011, when he was crushed by sections of a collapsed oil rig.
Burnett’s employer, T.K. Stanley, is headquartered in Hereford, Texas. Stanley and Legend Oil Field Services, also a Texas company, were subcontractors hired by Nabors Drilling to work on a Jefferson County project.
Elements Of Wrongful Death Lawsuit
The death of a loved one is an extremely sad and tragic time for family members, particularly when the loved one dies in an accident. In many instances, these “wrongful deaths” can be linked to the negilgence of another person or company. According to Louisiana law, a wrongful death occurs when a person dies as a direct result of another person’s negligence or malice.
Liability for a wrongful death can fall on individuals, physicians, corporations, and government entities. If it is determined that your family member dies from another person’s actions, it may be possible to recover monetary damages for things like funeral expenses, medical expenses, lost wages of the deceased, property damage and loss of consortium or companionship.
Wrongful death claims can include all types of fatal accidents including; work injuries, drunk driving accidents, backyard pool drownings, elevator accidents and other types of accidents.
Who Can Recover?
According to Louisiana Law, if a person dies due to the fault of another, a lawsuit may can be brought by the following persons to recover damages sustained as a result of the death:
- Surviving spouse, child or children
- Surviving mother and father, if there are no surviving children or a spouse
- Surviving brothers and sisters, if there are no surviving children, parents or a spouse
- Surviving grandfathers or grandmothers, if there are no children, siblings, spouse or parents
If any of these individuals has been convicted of a crime involving the intentional killing or attempted killing of the deceased, or were officially determined to have participated in such actions, they will not be allowed to recover any damages or proceeds for wrongful death.
How Much Time Do You Have To File A Wrongful Death Claim?
Louisiana’s statute of limitations gives you one year to file a wrongful death claim after the wrongful death of a loved one. This time limit usually starts from the date of your loved one’s death. If you fail to file your lawsuit within this one-year time period your case will likely be dismissed for failing to meet the statute of limitations. Consequently, it is important that you speak with an attorney that specializes in these types of cases as soon as possible. Failure to take timely action can result in possible loss of the right to recover monetary damages.
Let J. Price McNamara Help You Get Justice
If you or a loved one has recently suffered from an injury or death, you may be entitled to compensation for your loss. An aggressive personal injury attorney with extensive knowledge of Louisiana law is essential to getting you what you deserve for your injuries. J. Price McNamara has been practicing law in Louisiana for many years and has an outstanding reputation amoung his peers and in the community. Don’t take a chance on a discount attorney! Call us today to schedule your free case review and get an experienced attorney on your side. The legal team at the Law Offices of J. Price McNamara is waiting to help you with your case.
GM Expands Ignition Switch Recall; Victims Not Entitled to Compensation Have the Option to Sue
GM VICTIMS HAVE OPTION TO SUE BATON ROUGE, LA
GM has been in the news lately for its promise to compensate victims of crashes due to ignition switch failure. Well, the list of cars with that ignition issue has expanded by over 6 million older vehicles. These vehicles include many Oldsmobile, Pontiac, and Chevy models from 1997-2008. However, these recent recalls are not eligible for compensation. GM only created their compensation fund for the 2.6 vehicles recalled in February. The fund is not available for any later recalls.
GM says that this is because one issue has to do with the ignition switch itself, and the other issue has to do with the key. If you believe a crash you or a family member was in was the result of an ignition issue, you may have grounds for a wrongful death or injury lawsuit.
The Law Offices of J. Price McNamara Can Help with Wrongful Death Lawsuits
If you feel you are a victim of someone else’s negligence, contact our office. J. Price McNamara and his law offices have experience with personal injury and wrongful death lawsuits. Whether you need legal advice or representation, we are happy to help—and the first consultation is free! We have represented clients against large insurance companies and corporations before, and won! We have been victorious against such large companies as:
· Allstate Insurance Co.
· State Farm Insurance Co.
· Transit Management of Southeast Louisiana
(See the full list here)
J. Price McNamara has experience as a former insurance company defense attorney, and is in pursuit of a mission to stop companies from taking advantage of injured and disabled victims. In addition to this mission, J. Price McNamara also believes in taking a limited caseload. This way, we can give each client more attention and personalized service. J. Price McNamara is dedicated to your victory!
Contact Our Office for a Free Legal Consultation in Baton Rouge, LA
If you feel like you have been the victim of a large corporation’s negligence, such as GM, contact The Law Offices of J. Price McNamara. We have offices in Baton Rouge, LA and Metairie, LA. Our offices are dedicated to giving personalized service and keeping a limited caseload to better serve our clients. It is our personal mission to hold large corporations accountable for any negligence on their part.
Call our offices today:
Baton Rouge: (225) 201-8311
Metairie: (504) 458-8455
Widow of Louisiana Victim Files Lawsuit Against Pipeline Company
WRONGFUL DEATH LAWSUIT BATON ROUGE, LA
The widow of a Louisiana man is filing a wrongful death lawsuit against Precision Pipeline, a Wisconsin-based pipeline company. Jennifer McDannell’s husband was killed when a 7,000-pound section of pipe crashed through the cab of an excavator he was operating and struck him in the chest. The incident occurred in 2012 in Brooke County, West Virginia.
McDannell is claiming working conditions were unsafe, the pipe was unsecure, and there was no protective screen on the front of the cab. She is seeking damages for the death of her husband, funeral costs, and mental anguish experienced from the loss.
For cases like these, The Law Offices of J. Price McNamara can help represent you. We offer free consultations so that you can get expert legal advice on what your next step should be.
Contact J. Price McNamara for Wrongful Death Lawsuits in Baton Rouge, LA
If you have suffered through a loss you believe is the result of another person’s negligence or wrongful act, you may be entitled to an award of damages for wrongful death. In Louisiana, only a surviving spouse, parent, guardian, or child may pursue a wrongful death case. You only have two years from the loved one’s death to file a wrongful death lawsuit. It is imperative you speak with a personal injury attorney as soon as possible. A personal injury lawyer is needed for such cases in order to properly assess liability, damages, insurance, as well as access to experts in the field. If you believe a loved one’s death was the result of a wrongful or negligent act, we want to help you seek justice.
Free Legal Consultations in Baton Rouge, LA
J. Price McNamra is an experienced personal injury attorney that can help guide you on the right course of action. We are happy to give free legal advice and determine if your claim is grounds for a lawsuit. We will also take the time to educate you on the personal injury litigation process, what to expect, and personally prepare you for any depositions. We believe in taking a limited case load in order to devote more time and personal attention to your case. We believe the attorney and client should be on the same page for the entire process! Contact our firm for a free consultation: (225) 201-8311. We help clients in the Baton Rouge and Metairie, LA areas.
Wrongful Death Lawsuit Filed in New Orleans Federal Court after Worker Falls 28 Feet into Oil Well
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.
J. Price McNamara is an experienced Contact the Law Offices of J. Price McNamara. He handles cases throughout Louisiana including Lafayette, Ascension, Mandeville, Terrebonne, Jefferson, Kenner, Orleans, East Baton Rouge, West Baton Rouge, Kenner, Lafourche, and St. John Parishes. If you have lost a loved one due to someone else’s negligence, call J. Price McNamara today at (866) 248-0580 to schedule a free initial consultation. You may also contact him through his website.
Two Die, Two Injured in Kentwood 18-Wheeler
CAR ACCIDENTS, PERSONAL INJURY, WRONGFUL DEATH
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.
J. Price McNamara, a diligent New Orleans auto accident attorney, assists clients across the State of Louisiana. With offices in both Metairie and Baton Rouge, J. Price McNamara is available to provide you with a comprehensive review of your personal injury case. For more information, call our offices today at (866) 248-0580 or contact us through our website.
Italian Cruise Disaster Has Not Slowed New Orleans Cruise Vacation Bookings
MARITIME AND OFFSHORE INJURIES, PERSONAL INJURY
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.
If you or a loved one was injured while on board a cruise ship or other vessel, it is important to discuss your case with a knowledgeable lawyer. J. Price McNamara is an experienced Contact the Law Offices of J. Price McNamara. He handles wrongful death, personal injury, and maritime law cases throughout Louisiana including Baton Rouge, Metairie, New Orleans, Lafayette, and Mandeville. To schedule a no cost initial consultation, you may contact him through his website or call him today at (866) 248-0580.
Two Lawsuits Filed Over Industrial Accident at New Orleans Port Terminal
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.
Wrongful Death Case Filed in New Orleans After Man Burned With Molten Steel
WORKERS’ COMPENSATION, WRONGFUL DEATH
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.
If your loved one has been killed in a tragic accident, it is important to know your rights before talking to the at-fault party’s insurance company. Call J. Price McNamara, a Baton Rouge wrongful death attorney, for a free initial consultation. Our skilled and diligent personal injury lawyers represent clients throughout Louisiana, including Baton Rouge, Metairie, New Orleans, Lafayette, and Mandeville. To speak with an accident attorney at our firm, call J. Price McNamara at (866) 248-0580 today. You may also contact us through our website.
New Orleans Long-Term Care Facility Sued Over Patient’s Suffocation Death
NURSING HOME LIABILITY, WRONGFUL DEATH
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.
J. Price McNamara is a practiced and qualified Baton Rouge nursing home liability lawyer who handles cases across Louisiana including New Orleans, Lafayette, Mandeville, Terrebonne, Jefferson, Kenner, Orleans, East Baton Rouge, West Baton Rouge, Ascension, Lafourche, and St. John Parishes. If you believe someone close to you has been the victim of negligence or abuse by a facility tasked with their care, call J. Price McNamara today at (866) 248-0580. You may also contact him through his website to schedule a free initial consultation.
New Orleans Man Killed in Hit-And-Run Auto Accident on I-10
CAR ACCIDENTS, WRONGFUL 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.
If you or a loved one was injured in a motor vehicle accident due to another person’s negligence, an experienced car accident lawyer can help. J. Price McNamara, a New Orleans personal injury attorney, understands the uncertainty and pain which follows an automobile accident. He has the skills necessary to help you recover any damages you are entitled to according to Louisiana law. J. Price McNamara handles car accident and other personal injury cases across Louisiana including Baton Rouge, Metairie, New Orleans, Lafayette, and Mandeville. To schedule a free initial consultation, you may contact him through his website or call him today at (866) 248-0580.