Louisiana Personal Injury Blog

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

Global Plastics Recalls Paper Towel Dispensers Due To Fire Risk

Chrissie Cole — Sat, 08 Aug 2009 19:14:00 GMT

Global Plastics Ltd recently announced a voluntary recall of Bay West & Hillyard Hybrid Wave N Cut Paper Towel Dispensers, because the electric board can overheat posing a fire hazard.

To this date, no injuries have been reported but the company has received two reports of the dispensers overheating.

The recalled products are Bay West & Hillyard Hybrid Wave N Cut Paper Towel Dispensers. The product can function in mechanical or electronic mode.

Consumers should remove the batteries from the dispenser and use the mechanical function to avoid a fire hazard. Global Plastics should be contacted for instructions on how to receive a replacement.

Consumer Information: Contact Global Plastics at (888) 225-7380 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit www.globalplastics.com

The recall was conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

Originally posted at InjuryBoard by Chrissie Cole

Thousands Of GM, Isuzu Trucks Recalled For Brake Light Defect

Chrissie Cole — Thu, 06 Aug 2009 11:45:00 GMT

More than 184,000 Chevrolet, GM and Isuzu pickup trucks are being recalled by General Motors to correct a brake light defect.

The vehicles included in the recall are listed below:

2004-2009 Chevrolet Colorado
2004-2009 GMC Canyon
2006 Isuzu I-280
2006 Isuzu I-350
2007-2008 Isuzu I-290
2007-2008 Isuzu I-370

The recall includes vehicles sold or currently registered in the following states: Alabama, Arizona, Florida, Georgia, Hawaii, Louisiana, Mississippi, Nevada, New Mexico, Puerto Rico, South Carolina, Texas, the U.S. Virgin Islands and Utah.

The brake lamps will be replaced by dealers for free, but a new part is being designed to solve the issue and it may take until next year, according to GM.

Originally posted at InjuryBoard by Chrissie Cole

Multi-Vehicle Crash Injures Two

Chrissie Cole — Tue, 24 Feb 2009 18:51:00 GMT

Two people were injured in a car crash at the intersection of Plank and Harding in Baton Rouge on Monday morning.

The three-vehicle crash involved a motorcycle, a car and a truck.

The accident occurred when the vehicle exited off Plank Road and was heading east on Hooper and struck the rear of a pickup truck, a police officer at the scene said.

According to witnesses, the car went airborne and the truck was completely spun around

A group of motorcyclists came up on the scene, and one ride struck a sign post while attempting to avoid the accident.

Two of the riders were injured, but neither appeared to be of a serious nature.

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

JetBoil Recalls Outdoor Stoves For Burn Hazard

Chrissie Cole — Wed, 11 Feb 2009 23:53:00 GMT

Jetboil Inc., in cooperation with CPSC, announced a voluntary recall of Personal Booking Systems & Group Cooking Systems because a tight valve which is attached to the stove’s fuel source can allow a gas leak which poses a fire/burn hazard to users.

To date, there have been no injuries reported, but the company has received five reports of fire that have been the result of leaking fuel.

The recalled stove models are listed below:

Personal Cooking Systems in black (PBL075-BLK-(PCS) and camo (PBL075-CAMO-(PCS)

Backcountry Gourmet Set (BDLFRY)

Personal Cooking System with Companion Cup (BDL001)

Personal Cooking System with Pot Support & Stabilizer (BDL002)

Personal Cooking System with Coffee Press (BDL003)

Personal Cooking System Java Kit (BDLJAVA) and Group Cooking System (GCS150)

The agency advises consumers to stop using the recalled stoves immediately and to contact Jetboil to arrange a repair or replacement.

Consumer Contact: For additional information, contact Jetboil toll-free at (866) 611-9905 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s Web site at www.jetboil.com. Or email the company here.

Originally posted at InjuryBoard by Chrissie Cole

FDA Found Concerns at Merck Vaccine Plant

Jenny Albano — Fri, 25 Apr 2008 16:10:11 GMT

The FDA found contaminated children's vaccines and other problems at a Merck & Co. plant in Philadelphia that was combed.

According to an unpublished FDA report acquired by the Philadelphia Inquirer, inspectors found 49 areas of concern, including unwanted fibers found on vaccine vial stoppers, failure to follow good management practices, and contamination of bulk lots of vaccine.

Inspectors visited the plant on 30 separate days from November to January. In December the company recalled 1.2 million doses of an influenza vaccine made at the Philadelphia plant due to sterility problems and the plant also quarantined near a yeas worth of other suspect doses.

A Merck executive, John McCubbins stated that none of the finished vaccines were contaminated and the company is fixing the problems. The FDA has not ordered Merck to stop production and is reviewing how the company responds to the report.

Also Thursday, Deutsche Bank pharmaceuticals analyst Barbara Ryan wrote in a note to investors that the "deficiencies have been addressed and remediated with no consequences in terms of delays or shortages for any vaccine products." Meanwhile, a CDC spokesman said Thursday that the agency is not aware of problems with vaccines at the plant and so is not taking action.

Originally posted at InjuryBoard by Jenny Albano

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

Teen Dead After Being Run Over by Float

Jenny Albano — Tue, 05 Feb 2008 20:05:19 GMT

A driver towing a float in a Carnival parade accidentally ran over and killed his 16-year-old brother.

Clay Michael Sayer was standing between Kain N. Sayer's pickup truck and the float behind it, talking to riders on the float during a brief stop around 5 p.m. Saturday, Trooper Scott Moreau said. The teen was pinned by the float when the truck started moving again, Moreau said.

Kain Sayer, 21, was charged with vehicular homicide, drunken driving and careless driving. A deputy at the jail where Sayer was located said that he posted bail, but was unsure what the amount was and whether Sayer had an attorney.

The accident occurred just north of Marksville, Louisina, a town of 5,800 which is about 75 miles northwest of Baton Rouge.

Originally posted at InjuryBoard by Jenny Albano