New Orleans Personal Injury Lawyer

Punitive damages for maritime claims

Timothy Young — Thu, 17 Sep 2009 08:40:50 GMT

In a most recent United States Supreme Court maritime decision, it was ruled that injured seamen could be awarded punitive damages in addition to their maintenance and care damages. Maintenance is the cost of lodging a person on the boat (food, room and board) after they have been injured. Care is the on-site medical attention received post-injury.

Edgar Townsend was a seaman and crewmember of the Motor Tug Thomas. He injured his arm and shoulder by falling on the steel deck. Afterwards, his Jones Act employer and the owner of the tugboat, Atlantic Sounding informed him that he would not receive maintenance and care. This was an obligation's of the owners under the Lewis federal precedent.

Townsend filed suit alleging maintenance, care and punitive damages for willfull and arbitrary failure to pay maintenance and care. An interlocutory appeal was filed which resulted in the court ruling in favor of punitive damages. This was appealed again and this time the Supreme Court firmly established that punitive damages were not only a general remedy in common law and maritime law, but that willful neglect and/or outrageous conduct was exactly the kind of behavior that punitive damages meant to deter.

The establishment of 45 Sec. (51-60) did not limit the remedies that could be sought. It merely outlined that negligence would be the measuring bar for liability. It in no way limits remedies or bars the common law rule of punitive damages or remedies in general

This new case on maintenance and cure law will help protect injured seaman and allow them to obtain medical treatment and compensation while they are injured. Now a Jones Act employer may think twice before wrongfully denying medical treatment and compensation to an injured seaman.

Originally posted at InjuryBoard by Timothy Young

Car Crashes Into Home

Chrissie Cole — Thu, 20 Aug 2009 22:08:00 GMT

A vehicle crashed into a home on Jefferson Avenue in New Orleans around 9:00 p.m. on Wednesday evening, creating a huge hole in the home’s front wall.

According to police, no one was injured. Patrick Gendusa, who rents the downstairs area of the house, said he was watching television on his couch when he heard the loud crash.

He said after the accident the driver of the vehicle was conscious and talking.

Gendusa said, the vehicle that crashed into the house had been driving erratically prior to the incident happening.

“For a block, he hit a car, nearly took down a gate, pulled through the yard and tore into the house. The brick wall stopped him because he didn’t skid and try to stop the vehicle.”

The accident is still being investigated. The homeowners were notified of the incident.

Originally posted at InjuryBoard by Chrissie Cole

Disney "Handy Manny" Toys Recalled For Choking Hazard

Chrissie Cole — Fri, 13 Feb 2009 16:56:00 GMT

Disney Store USA, in cooperation with CPSC, announced a recall of about 20,000 Playhouse Disney “Handy Manny” Tool Toy Sets because the tools contain eyes that can separate, posing a choking hazard to small children.

To date, there have been no reports of injury, but the company has received three reports of detached eyes, including two reports of children starting to choke on the pieces.

The toy recall includes Playhouse Disney “Handy Manny” Tool Sets that include 8 pieces – a tool box, hammer, saw, pliers, wrench, tape measure and 2 screwdrivers. The UPC codes are: #405144100614 or #422147400633.

The agency advises consumers to take the recalled toy from small children immediately and to return the toys to any Disney Store to receive a full refund.

Consumer Contact: For additional information, contact the Disney Store toll-free at (866) 902-2798 between 8:30 a.m. and 5 p.m. PT Monday through Friday, or visit the firm’s Web site at www.DisneyStore.com

Originally posted at InjuryBoard by Chrissie Cole

Munire Furniture Recalls Cribs Due to Fall Hazard

Jenny Albano — Thu, 28 Feb 2008 19:27:51 GMT

Munire Furniture, in conjunction with the CPSC, is recalling about 24,000 Majestic Curved Top and Flat Top Cribs, Essex Cribs, Brighton/Sussex Cribs and Captiva Cribs due to a fall hazard.

Hazard: The cribs fail to meet the federal safety standards for cribs. The four support brackets on the mattress support spring are too long. The brackets prevent the spring from lowering to the full 26 inch minimum height in its lowest position, allowing children inside to crawl over the railing, posing a fall hazard.

The recalled cribs include Majestic Curved Top cribs with the model number 9500; Majestic Flat Top cribs with the model number 9000; Essex cribs with model number 7100; Brighton/Sussex cribs with the model number 9100 and Captiva cribs with the model number 5100 and all the cribs are wooden.

The model number is listed on a white label on the bottom inside of the right side rail of the crib. The manufacture date is on the white label near the model number or on the white label that is on the bottom of the headboard. Cribs that have a green sticker on the mattress frame are not included in the recall.

The recalled cribs were available at specialty kid product stores across the U.S. from November 2005 to November 2007 and were manufactured in Indonesia.

Originally posted at InjuryBoard by Jenny Albano

New Rules on Trucking Hours Struck Down by Appeals Court

Jenny Albano — Thu, 26 Jul 2007 19:22:43 GMT

A federal appeals court voided a new rule that increased limits on the amount of hours truck drivers could drive in a week. The Federal Motor Carrier Safety Administration increased the maximum driving hours for truck drivers to 77 hours from 60 over 7 days, and 88 hours from 70 over 8 days, in 2005.

The United States Court of Appeals for the District of Columbia Circuit said that there was not enough evidence provided to justify and support the safety of the increase in driving hours for truck drivers. The court found that the agency ignored that results of a study that showed 50,000 trucking accidents from 1991 to 2002. The study found that there is a substantially higher risk of fatigue-related accidents since the new rules were put into action.

The new rules had been adopted after heavy lobbying by politically influential leaders of the trucking industry. They were part of a broader strategy by the Bush administration to reduce regulations on businesses.

Safety experts and insurance companies stated that longer hours on the road contributed to more truck accidents. But supporters of the new law said that adding time to the maximum driving hours made moving goods across the country cheaper and faster to move.

The agency tried to defend the law by claiming that the economic costs to the industry outweighed the safety benefits, but the court said that the analysis was flawed.

The case, filed by a consumer advocacy group called Public Citizen, is the third in three years brought against the motor carrier agency.

Originally posted at InjuryBoard by Jenny Albano

Amtrak Train Hits Pickup Truck in Plant City

Jenny Albano — Tue, 17 Jul 2007 15:47:32 GMT

An Amtrak train collided with a pickup truck today at 3:15 P.M. and derailed. None of the 133 passengers on the train to New York were injured in the accident.

All the passengers were evacuated by a Plant City bowling alley. All 33 train cars derailed after the crash, but none of the cars tipped over.

There was barely anything left of the pickup truck after the accident. Amtrak spokeswomen Karina Romero said the train hit a concrete truck, but reports from the Hillsborough Fire Rescue said it was a pickup truck.

This is the second train wreck since yesterday, and both collisions occurred in the Tampa Bay area. The train crash that occurred yesterday killed four passengers from the car that was struck by the train.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Slidell Accident Seriously Injures Alabama Woman

Tim Young — Wed, 27 Jun 2007 17:25:57 GMT

On June 25th, 2007, an Alabama woman was seriously injured when she was involved in an vehicle accident with a van. The woman, Nadine Dalati, was struck on the door of her vehicle by the van which was operated by a church group from Maryland. A passanger also riding in the car, Adam Andrianopoulos, suffered moderate injuries. For the complete Article, view here.

Originally posted at InjuryBoard by Tim Young

Murphy Oil Tank Leaks into Mississippi River

Tim Young — Wed, 27 Jun 2007 17:15:28 GMT

Oil from a Murphy Oil owned cooling tank leaked into the Mississippi River Tuesday. The Coast Guard investigated the spill which consisted of a diesel-gasoline mixture. There was no information on whether the Coast Guard would issue a fine in this maritime associated spill.

Originally posted at InjuryBoard by Tim Young

Accident on I-12 kills one, leaves two injured

Tim Young — Tue, 08 May 2007 07:34:45 GMT

An accident caused by a white SUV occurred yesterday on I-12 by Covington, La., leaving one dead and two seriously injured. The white SUV left the scene after causing the accident, and police are still looking for the vehicle. Read more from NOLA.com.

Originally posted at InjuryBoard by Tim Young

St. Mary Parish Site of Two Car Accidents

Shannon Weidemann — Sat, 28 Apr 2007 13:27:53 GMT

Two different accidents happened on U.S. 90 in St. Mary Parish this week. The first accident happended Tuesday afternoon and involved two vans and a truck. Six people were injured in the crash.

The crash involved two vans and a pickup truck. One of the vans and the pickup truck flipped over during the crash.
One man had to be removed from the van by the Four Corners and Jeanerette volunteer fire departments. He was air-lifted to Lafayette General Medical Center.

The second accident happened early Wednesday morning. This accident involved two pickup trucks. One rear ended the other at a red light. The man in the second truck was not wearing a seat belt and was killed. The victim was from Texas.

The police are investigating both accidents.

Originally posted at InjuryBoard by Shannon Weidemann