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LAMOTHE LEA AERTKER, LLC recently was acknowledged as one of the Gold Ribbon Sponsors for The Children’s Advocacy Center/Hope House Darkness to Light campaign. Within the last 3 years, LAMOTHE …
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Mary Faye O’Quin, et al. vs. State of Louisiana, et al. – Faron O’Quin, a volunteer firefighter, was struck and killed by a motorist at the site of a hazardous material spill. Mr. O’Quin’s widow, Mary Faye O’Quin, and their minor children filed a wrongful death and survival action against the State of Louisiana, alleging it was liable because it failed to secure the initial accident site. This failure led to a motorist striking Mr. O’Quin, a responder working at the scene. The matter proceeded to trial and the jury returned a unanimous verdict in favor of plaintiffs and against the State of Louisiana holding the State 80 percent at fault for causing the death of Mr. O’Quin. Judgment was rendered in a total amount of $2,075,520.07
Linda Perret suffered serious personal injuries when a bus driver waved an automobile into the path of her vehicle. Plaintiff’s counsel successfully convinced the court to adopt the assumed duty doctrine. The jury returned a verdict of $500,000. The Defendant appealed on liability and quantum and the Plaintiff cross-appealed on quantum. The appellate court raised the $500,000 award to $897,147.93.
Joseph May vs. Ingram Barge Company – Mr. May was employed by Ingram Barge Company as a Senior Deckhand and a member of the crew of the M/V Enterprise Star. The M/V Enterprise Star was owned and operated by defendant, Ingram Barge Company. On March 9, 2006, Mr. May was serving as lead man and member of the crew of the M/V Enterprise Star. Mr. May suffered severe injuries when stepping from the vessel to a barge to secure a capstan line prior to facing up the M/V Enterprise Star to the barge. His left foot became caught between the vessel and a barge. When Mr. May stepped onto the deck of the center stern barge, he lost his footing and stepped backwards into the gap between the vessel and the barge, trapping his foot between the two, crushing his left ankle and foot. The barge onto which Mr. May stepped had wet coal dust on it, which created a slippery condition. Other safety failures were alleged as well. The Plaintiff was awarded $425,000.00 for the barge injury.
Cindy and Cary Burelle vs. Sheriff Harry Lee in his capacity as Sheriff of Jefferson Parish, Jefferson Parish Sheriff’s Office, and Jessica Bordelon – Cindy Burelle, wife of Cary Burelle, was involved in a auto accident whereby she was rear-ended by an on duty deputy working for the Jefferson Parish Sheriff’s Office. The collision was extremely minor and showed no damage to either vehicle. Mrs. Burelle claimed serious back injuries. Defendant claimed that a collision this minor could not have produced the injuries Plaintiff claimed. Plaintiff asserted that Louisiana does not allow evidence of minor impact to be used as a factor to limit the extent of injury suffered in a vehicular collision. The case was settled for $425,000.00.
Frazier and Ferguson Prevail Against Cessna Aircraft Co. – This case resulted from the crash of a Cessna 210L (Centurion) on the Island of Martinique where the airplane broke apart in midair. The French refused to share evidence or make anyone available for deposition testimony. It did provide, however, numerous photographs of the wreckage. Plaintiffs’ counsel traveled to Martinique, interviewed ground witnesses and took depositions. Counsel also sent a reconstruction expert to Martinique who located some wreckage in the jungle missed by the French authorities. This wreckage turned out to be significant in proving the plaintiffs’ case against Cessna. Through counsel’s smart thinking and thorough investigation, it was proved in court that the plane accident was caused by a loose aileron cable, resulting in aileron flutter. This caused a vibratory process that caused the wing to self-destruct. Through extensive documentation and against a high-profile defense, Plaintiffs’ counsel became the only firm in the nation to be successful in holding Cessna liable for aileron flutter in its 210 aircraft.
This case involved serious personal injuries to David Quinn, who was off-loading the vessel M/V MERIAN. Large steel discs were part of the vessel cargo and they had shifted during the voyage. While unloading, a container fell and the discs became projectiles. David Quinn suffered the amputation of his leg. Plaintiff’s counsel performed a thorough investigation, examined the security of the cargo involved, and performed complex weather, wave action and vessel stowage analyses. After lengthy depositions of the German vessel captain and superintendent of cargo, covering numerous technicalities related to methods of stowage, dunnage, lashings and chocking of the steel disc cargo, the Defendants filed motions for summary judgment based on prior case law. Plaintiffs were successful in defeating defendants’ motion for summary judgment. This maritime case settled for a substantial sum prior to trial.
In this consolidated case, the Plaintiffs suffered serious injuries when a pop-off valve malfunctioned during venting of a pressure vessel on a fixed production platform. Plaintiff’s counsel proved several failures on the part of the Defendants in venting the vessel properly. Failures included a metallurgical defect in a component of the valve, plans for the platform called for a venting system different than what was installed, and that using a swing arm would have been the proper way to vent the vessel, keeping the flames away from the platform in a downwind direction. Defendant Chevron appealed. The Fifth Circuit found that the appeal was frivolous, affirming the judgments of the trial court. This case was used as a basis for a trial demonstration during an ABA Convention. It was further used as the basis for a lecture to Professor Carbonneau’s product’s liability class at Tulane Law School.
Marlene Shadrick brought this case as the personal representative of the Estate Lester Lee Shadrick. Mr. Shadrick was a pilot in command of a Bell model 412 helicopter on a firefighting mission that crashed near Cold Springs, Nevada due to engine failure. Mr. Shadrick died in the crash; he was 52.
Defendants argued that the helicopter accident was the sole fault and negligence of the pilot in carrying water loads exceeding the gross weight limitations of the aircraft. Plaintiffs were able to demonstrate that the crash occurred when a compressor turbine disk (CT disk), a critical component in one of the helicopter’s twin engines, suffered catastrophic metallurgical failure during flight. Discovery revealed maintenance records that concluded the disk would require replacement. The alternative method of polishing the disk and returning the helicopter to service was reported to be unsafe in the maintenance records. The company decided to overrule the recommendation, polishing the disk and returning the craft to service.
A confidential settlement was reached with the maintenance facility that performed the engine overhaul and placed the disk in service. The plaintiffs then proceed to trial against the manufacturer of the engines, Pratt Whitney Corporation, alleging a design failure of insufficient redundancy causing both engines to fail instead of one. Plaintiff’s secured a settlement while the jury was still deliberating for a substantial sum, subject to a confidentiality agreement.
The parents of Alex Racine sued in the wrongful death of their five-year-old son. The child was belly surfing on a skateboard across the street from his home and subsequently struck and killed by a Domino’s Pizza delivery person. The Defendant’s position was that the driver of the car could not see Alex. The Defendants also claimed contributory negligence on the part of the child for his actions and his parents for inadequate supervision. Plaintiffs successfully asserted that at five years old, Alex was incapable of contributory negligence. Plaintiffs’ counsel hired an accident reconstruction expert who demonstrated through computer analysis that the driver had ample time to see Alex prior to striking him. This case settled for a substantial amount of money just prior to a scheduled jury trial.
This case involved a minor child, Raymond Ray, who ran across the street and into the path of the Defendant’s vehicle. The Defendant fled the scene, but returned after further reflection. Raymond Ray suffered serious injuries including a closed head injury.
Plaintiffs’ counsel established that the Defendant was speeding. A reconstruction expert testified that the Defendant, if compliant with the speed limit, would have had ample time to see the minor child and avoid striking him. A substantial settlement was reached and placed in trust to provide for Raymond Ray for the remainder of his life including living and medical expenses.
William Wade was working for the Defendant, Horizon, as a welder on board the vessel Horizon Atlantic. He was a Jones Act seaman. A braking mechanism on a vessel crane failed, dropping Wade from a workbasket into the water. Mr. Wade suffered severe injuries to his lower back, resulting in spinal surgery. Due to his counsel’s aggressive representation, the parties reached a settlement for a substantial amount just before the case went to trial.
Jo Ann Freeman, as the personal representative and surviving widow of Ben Joe Freeman, brought this cause of action for wrongful death under the Death on the High Seas Act. Ben Freeman was killed while providing consulting services to ADTI as a drilling consultant/foreman aboard a jack-up drilling barge/special purpose vessel owned and operated by Marine Drilling Companies, Inc. A gas blowout occurred, requiring an emergency evacuation of the vessel. Ben Joe Freeman was helping other crewmembers evacuate the vessel just prior to his death. Mr. Freeman was not counted among the survivors and his body was never found. The case settled for a substantial sum.
Gregory Washington, while serving as a roustabout with Transocean on a drill ship known as the Deepwater Millennium, was seriously injured when a riser joint protector fell and struck his shoulder and right ankle. Mr. Washington sustained a serious permanent crushing injury to his left ankle. His treating physician predicted that Mr. Washington’s work would never return pre-injury level and that he would be on restricted duty, causing him to lose additional wages. Mr. Washing also claimed considerable pain and suffering and ongoing disability because of severely limited mobility. This case was settled prior to trial for a substantial amount.
This claim concerned a class action claim in which the Defendant negligently released a cloud of nitrogen tetroxide. A railroad tank car began leaking the chemical at the Gaylord Chemical plant in Bogalusa, Louisiana and lasted for twenty-four hours. Area individuals developed eye, ear, nose and throat irritation, pulmonary distress, skin rashes and other injuries due to chemical exposure. After many years of litigation, the case settled for a multi-million dollar figure.
Doe vs. Archdiocese of New Orleans, et al. – Plaintiffs were residents of Madonna Manor/Hope-Haven, which were orphanage schools operated by the Catholic Church for disadvantaged children. The cases involved physical and sexual abuse incurred at these institutions. A group of 15 cases was settled in mediations over a two-week period for approximately $5 million.
This claim was based on sexual harassment and Title VII of The Civil Rights Act. This matter was settled prior to trial. Terms are confidential.
Total Transportation, Inc. initiated this litigation against joint members of a limited liability midstream cargo transfer business that the company had formerly joined. The Defendant, Capital Marine Supply, exercised their stated rights under the operating agreement to dissolve Total Transportation with a 90-day notice. The Plaintiff claimed that Capital Marine breached its fiduciary duties and squeezed TTI out of their well-established, profitable business under the guise of liquidating the company. Capital Marine took control of the business operation, retaining 100 percent of the company’s profits. Total Transportation also asserted Capital Marine managers violated their fiduciary duties.
After a lengthy trial on the merits, the court found for the Plaintiff. Capital Marine and their managers had violated their fiduciary duties. The court found that although Capital Marine had the right to dissolve the business, the dissolution had to be for good reason. A judgment of $1,640,113.00 was awarded to Total Transportation in this matter.
Milchem, a Baker-Hughes subsidiary, sued National Electric Coil Division of McGraw-Edison over the purchase of a used wound electric motor, which ran a large barite-grinding mill. Offshore drilling operations require Barite for production. The wound motor malfunctioned, damaging the grinding mill and preventing Milchem’s barite from being ground and sold. Milchem demanded damages for motor replacement and their lost profits.
Numerous complex technical depositions concerning the winding of electric motors (which are no longer in common use) were presented. The defendant gave the plaintiff incorrect advice on how to wind the motor based on information it had received from an advisory service. Plaintiff’s counsel built a complex financial model demonstrating the loss of profits from their inability to sell barite when production was halted. National Electric settled for a significant sum prior to trial.
Dolphin Island Gathering Partners (DIGP) sued Torch, Inc. claiming violation of an offshore pipe-laying and construction contract. Torch counter-sued for invoices submitted under various provisions of the contract between the parties. An American Arbitration Association panel denied most of DIGP’s claims after a six-day trial involving over 40,000 documents, finding that most of Torch’s counter-claims were valid. Therefore, Torch prevailed in their counterclaim.
The owners of an apartment complex sued Masonite Corporation over allegedly defective siding. Masonite proved that the hardboard siding deteriorated due to improper installation and improper maintenance. Masonite settled for a small amount of cash and additional hardboard siding with no warranties.
Chevron USA sued Innovative Business Solutions (IBS) for damages and intellectual property right violations over software licensed to Chevron for land management of its oil and gas properties. Chevron re-engineered the software for use in their business. Chevron asserted the software had bugs and that they owned the intellectual rights to the code. IBS claimed that Chevron created an unauthorized derivative work by converting COBOL to Windows code. IBS sought to block Chevron from using the software in the future. This case hinged on infringement of trade secrets, copyright violation, breach of contract, and business tort matters. IBS settled prior to trial. The terms of Chevron’s settlement payment are confidential.
A computer hardware distributor sued Taiwanese computer manufacturer Chiconny Electronic (CE), claiming CE manufactured and sold defective laptop computers for resale resulting in loss of income. Evidence showed problems with a few computers that were returned to Chiconny, properly repaired and sent back to plaintiff. Defendant proved no loss of income due to defects in the laptop computers made by the Plaintiff. The case settled for a minimal sum.
Plaintiff Lacoste Builders, LLC sued Croft Metals, Inc. and Zurich American Insurance Company alleging Croft sold and installed defective windows. Zurich was Croft’s liability insurance carrier. The windows were installed by Croft in residences and buildings that Lacoste constructed and sold. Zurich attempted to limit its exposure under its comprehensive general liability (CGL) policy by filing a Motion for Summary Judgment. While representing Croft, Lamothe Lea Aertker defeated the motions for summary judgment filed by Zurich and established that full coverage was afforded to Croft for the claims Lacoste Builders brought against them.
A default judgment was rendered against defendant Jones in 2003. The Court found that a subsequent Motion for New Trial was filed on a timely basis. Because there was an address error in the mailing of the Judgment, which must be mailed to the “last known address” of the Defendant, the Court found that the Judgment was improper. In addition, the Judgment exceeded the original relief requested. The court set aside the default judgment, and ordered a new trial.
Universal Music was sued by a major New Orleans law firm over disputed attorney’s fees. The law firm claimed that Universal Music owed this amount in connection with services rendered in a litigation matter. Universal Music claimed that the fees charged were excessive and not authorized. The matter settled at Mediation for a confidential, substantially reduced sum.
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