Litigation

March 9, 2010

Church Point Teen Killed in 1-10 Crash

18-year old Benjamin Guidry of Church Point was killed in a two vehicle crash on February 23rd. The crash occurred on I-10 just west of Rayne. The vehicle Guidry was in crossed the eastbound lanes, went through the median, crossed the westbound lanes, and struck several trees. Guidry was not wearing a seatbelt and the coroner pronounced him dead at the scene. Guidry was a passenger in a 2000 Honda Accord driven by 17-year old Brennen Sonnier, also of Church Point.

According to an article on Southern Louisiana’s CrowleyToday.com,

A 1998 Volkswagon driven by thirty-two year old Megan Collum of San Antonio, Texas was traveling in front of Sonnier. Sonnier approached Collum’s vehicle from the rear and struck the right rear corner of her car. After impact, Sonnier ran off of the road to the left and crossed the median, and westbound lanes of traffic. Sonnier’s vehicle struck several large trees on the north side of the interstate. Sonnier sustained moderate injures and was transported to a local area hospital. A second passenger in the vehicle, seventeen-year-old Aaron Richard of Branch, was critically injured in the crash. Collum was not injured in the crash.

March 6, 2010

Arcadia Perish Man Shot by Estranged Wife Brings Suit Against Police Department

by Berniard Law Firm

The Crowley Today reports that a man has filed suit against a Arcadia Parish Sheriff’s Deputy, the Crowley Police Department, and the City after an incident that occurred less than one year ago on July 16, 2009.

The suit concerns Reginald Phillips, an Arcadia man who merely wanted to return to his estranged wife’s residence to retrieve his belongings. Fearing his estranged wife might resort to violence during this visit, Mr. Phillips requested Crowley Police escort him on his trip. Mr. Phillips alleges that while inside her residence, the officers left him and his wife alone. It was at this point that Kimberly Phillips allegedly shot Mr. Phillips several times, resulting in severe injuries including permanent paralysis below the waist.

Mr. Phillips alleges in his claim general negligence against the officers and the Police Department. Case history in Louisiana has shown that prevailing on a statutory negligence claim under Louisiana Civil Code Articles 2315 and 2316, plaintiffs are required to allege five elements: (1) the defendant had a duty owed to the plaintiff to exhibit a specific minimum level of conduct; (2) the defendant breached his duty to live up to this standard; (3) the defendant’s conduct actually caused the plaintiff’s injuries; (4) the defendant’s conduct could in some way serve as the legal basis

March 4, 2010

Elizabeth Woman Killed in Single Vehicle Accident, Creating Difficult Legal Issues

by Berniard Law Firm

According to an article on the townwalk.com, 28 year old Deborah Parker of Elizabeth was killed in a single vehicle accident on the morning of February 18th. According to state police, the crash occurred at the Rapides-Allen parish line at about 7:30 in the morning. Jason B. Mancil, driving a 2004 PT Cruiser, lost control of his vehicle and ran off the left side of the road, hitting a tree. Both Mancil and his passenger, Parker, were not wearing seatbelts. Mancil suffered only minor injuries while Parker was pronounced dead after being taken to Oakdale Hospital. The case is still under investigation, but Mancil has been cited for careless operation.

A situation like this one where a passenger has been killed in a one vehicle automobile accident can create difficult legal issues due to the relationship between the parties (and their survivors).

Under Louisiana law, the person at fault for an auto accident, and their insurance company, is responsible the damages caused by the accident. A party not responsible should not suffer at all financially because of the accident. In addition, if someone has been killed due to another party’s negligent behavior, their survivors may pursue a wrongful death lawsuit. To prove negligence the defendant must have owed a duty to the plaintiff, breached the duty, and the damage (in this case, death) must have naturally and forseeably resulted from the breach.

March 3, 2010

Two St. Charles Parish Planes Crash in 24 Hours: Could Airplane Parts be to Blame?

by Berniard Law Firm

As reported in the St. Charles Herald Guide in August 2009, two separate plane crashes occurred less than 24 hours apart. Both happened on private air strips, involved experienced pilots, and occurred while the planes were still on the ground.

The first crash was on August 23rd. James F. Miller was undergoing pilot re-certification at St. Charles Parish airport in Ama. Miller and Air Force Lieutenant Colonel Wendell Lee Collins were on board when the plane veered left in takeoff, struck a tree, and was engulfed in flames. Both men were killed.

The other accident was the following afternoon in Taft when the plane of Lucien Taft Triche flipped over as he taxied down a private runway. Triche had been working on his plane and was taking it out for a test run. When the plane flipped Triche rolled out and was trapped under the wing. He was taken to the hospital with broken bones.

March 3, 2010

Bastrop Fire Death Leads to Lawsuit

by Berniard Law Firm

The son of a woman who died in her Bastrop apartment last September has filed a civil lawsuit seeking “damages for the fear, pain and ultimate death of his mother and the grief and mental anguish he experienced from her death,” according to reports from the Monroe News-Star.

The victim, Merrimac Ellis, died from injuries she suffered in the fire while she was trapped in her power wheelchair. The petition claims that the management of her apartment in the complex for seniors negligently failed to resolve “unreasonably dangerous conditions” that were the cause of Ellis’ death. In addition to seeking damages from the Bond House apartment complex and its insurance underwriter, Ellis’ son is also seeking to recover from the manufacturer of her power wheelchair and the companies maintaining the fire alarm and sprinkler systems at the complex.

The petition asserts that Delta Fire Protection Systems Inc. failed to “maintain sprinkler heads” and that Vantronics Security System of Monroe, Inc. failed to “maintain an audible alarm.” Neither the sprinkler system nor the fire alarm properly responded to the fire that claimed the victim’s life.

March 2, 2010

Baton Rouge Hit and Run accident may lead to further court action

by Berniard Law Firm

As reported by the Advocate and WBRZ News Louisiana, police now have a suspect in the hit and run that killed 20 year old Mikel Carson on January 31st. According to an arrest warrant, Christian J. Cvitanovich of Melairie is wanted for striking down Carson with his 2005 Ford Expedition. At the time, Carson was walking down 1-10 to check on a woman involved in an unrelated vehicle crash.

According to the article,

Investigators with the Police Department’s Traffic Homicide Unit were told on Feb. 4 that the Expedition had been taken to a Metairie body shop… with the assistance of the Jefferson Parish Sheriff’s Office, the vehicle was impounded that afternoon and returned to Baton Rouge for further examination.