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With municipal governments around the nation facing massive budget shortfalls, many have already taken unprecedented steps in cutting traditional services. In Tracy, California, residents now must pay $300 phone charge for any 911 call they make or pay a $48 dollar yearly fee for the “unlimited” 911 plan. The change has drawn the ire not only of local citizens, but people across the country, perhaps fearful of what their own local governments may do to cut costs.

On the surface, residents of St. Tammany parish who rely on a dependable 911 system, may not see things quite as badly. According to a recent Times-Picayune article by Jeff Adelson, the local government recently spent $85,000 for installation of a 911 photo system designed to aid first responders arriving at the scene of an emergency. If national trends are any indication, however, local city and county governments throughout Louisiana will eventually face difficult decisions when trying to decide which services to improve and which services to scale back.

While not explicitly contributing to budget shortfalls, a recent delay in services helped cause one Covington homeowner untold frustration and possible property damage after the leftover problems from broken sewer elements went unattended for nearly six months. As Benjamin Alexandar-Blotch reports in his article from March 5 of this year:

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28 year old Arlandus Albertlee Green, Jr. of Minden has been arrested and charged with running down two people with his car.

Green, also known as Lance, has been accused of aggravated battery and aggravated assault. As reported in the Bossier Press Tribune and Minden Press Herald’s nwlanews.com,

Minden Police Chief T.C. Bloxom said on February 7, Green and Lamario Elkins began arguing on Sheppard Street. During the argument, Green pulled a Jimenez 9 mm and pointed it at Elkins.

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In October 2009, as Congress was caught up in the health care reform debate that is still raging on Capitol Hill, Merlyna Adams of LaPlace took a trip to Washington, D.C. to show legislators that she is not frivolous. Worried about proposals to limit patients rights in health care, Merlyna met with several other families at Washington to ensure that their stories were told. As reported by Public Citizen on their website,

Meryna met with members of Congress to express the difficulties she has encountered due to medical malpractice in the treatment of a kidney stone she had in 2007. Negligent treatment resulted in heart, renal, and pulmonary complications for Meryna as well as amputation of both her hands and legs below her knee. She shared with Congress how everyday activities are difficult, especially in her employment as a school principal.  Kidney stone treatment is not supposed to end in an intensive care unit with more removed then a kidney stone.

Stories like Merlyna’s show how devastating medical malpractice can be. Surviving medical malpractice is usually just the beginning, often due  to victims having to care for injuries that may be with them for the rest of their lives.  And many victims don’t make it. According to the Institute of Medicine, almost one hundred thousand Americans die each year from injuries that could have been prevented. In considering healthcare reform proposals, Members of Congress should focus on patient safety and reject legislation that takes the teeth out of recovery for medical malpractice.

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Asbestos. Mesothelioma. Two terms commonly thrown around in the media, on the news, and even on the internet. But what exactly do they mean, how much of a threat are they to your health, and what can you do about it?

Asbestos are naturally occurring minerals that when inhaled can be very dangerous. These miniscule minerals, commonly referred to as fibers, build up scar-like tissue in the lungs and impede them from healthy functioning. Common sources of asbestos include disturbed or damaged insulation, dry wall, cement, roof shingles, and even floor tiles. Anyone who has come into contact with they materials in their lives may be at risk of coming into contact with asbestos.

Mesothelioma on the other hand is a form of cancer that affects the lining of the body’s internal organs. This lining is referred to as mesothelium. Symptoms of mesothelioma include chest pains, shortness of breath, wheezing, and fatigue. Cancer.gov reports that although mesothelioma is rare, rates have been on the rise over the past few decades.

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As reported in the Ruston Daily Leader, a tragic three car accident killed 19 year old Francisco Javier Hernandez of Dubach last October. According to State Police records, Hernandez was driving a 2004 Mustang on La.33, lost control of his car, and crossed the center line into the path of a tractor-trailer. The two then collided head on. The driver of the tractor-trailer, 47 year old Joseph Battaglia of Shreveport, escaped the cab of his truck just before it burst into flames. Battaglia was taken to North Central Louisiana Medical Center with minor injuries

A third driver, 24 year old Haley Snipe of Ruston was behind Hernandez at the time of the crash but was able to drive off the road and into a telephone box. Snipe walked away without injuries. Although impairment is not suspected to be a factor in the accident, routine toxicology tests are pending.

In Louisiana, the party at fault for an automobile accident, and their insurance company, is responsible for the damages of the accident and innocent parties should not suffer any financial loss. Louisiana is a direct action state which means that insurance companies can be named directly in the lawsuit. This can sometimes benefit victims because judges and juries may be more apt to award damages when they know they will be paid by an insurance company rather than an individual.

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Timothy J. Rogers filed a lawsuit in Jefferson County Texas District Court against Marquette Transportation Co. Gulf-Inland, which is part of Marquette Transportation Company and based in Harahan.

The suit was filed on February 19th and regards injuries Rogers sustained on January 3rd while working aboard the Mary Kay. Rogers did not specify in the court documents how he was injured but states that the injuries were to his back and body. Smith blames the injuries on negligence and unseaworthiness and claims that due to his injuries he has incurred medical costs, pain and suffering, mental anguish, physical impairment and disfigurement, and lost earnings.

Under the Jones Act, (46 U.S.C. § 30104) injured seaman or their survivors may obtain damages from their employers if their employers, shipowners, captains, or fellow crew members, are deemed to have been negligent or if vessels they are working on are not seaworthy. The rights afforded by the Jones Act go beyond those provided by common international maritime law because they allow injured parties to bring claims in state or federal court and entitle them to a jury trial.

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In navigating the complex waters of lawsuits, personal injury cases will often require the use of experts to make it through the waves of unclear facts. An expert is oftentimes a professional (although this is not a requirement) in a given field that can help lend credibility to a plaintiff’s (or defendant’s) theory in the eyes of a judge or jury. Experts do this by persuasively demonstrating knowledge of the facts and legal issues at hand that support a judgment in favor of one side or the other.

In Bozarth v. State of Louisiana LSU Medical Center, the plaintiff’s case hinged partially on whether the trial judge correctly admitted the testimony of the defendant’s expert, Dr. Mary Eschete. Bozarth was originally a medical malpractice case in which the plaintiffs sued Louisiana State University Regional Medical Center for

fail[ing] to properly diagnose and treat Mr. Bozarth and for negligently proscribing medications and discharging Mr. Bozarth under the circumstances.

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On the morning of February 2, 1961, Erwin Davis was driving his Chevrolet Impala southbound on Louisiana State Route 66 toward Bains. O.C. Roberts, who was driving a Pontiac with two other passengers, was headed north on the same road in the direction of Angola. When Roberts attempted to slow his car, the front left brake “grabbed,” causing the vehicle to cross the center line and veer into the path of Davisís oncoming Chevy. Davis suffered contusions to the head, shoulder, and chest, as well as a neck strain which aggravated a pre-existing arthritic condition. He was hospitalized for six days, wore a collar brace for 10 months, and was placed in traction while recuperating in his home.

According to Louisiana law, a plaintiff has the burden of proof to establish the essential facts that support his theory of recovery. At trial, Davis put on evidence showing that the accident occurred because Roberts’ car crossed the road’s center line and invaded Davis’ lane. This established a prima facie case of negligence against Roberts. A prima facie case means evidence which, unless countered by the defendant, would support the plaintiff’s theory of recovery. Here, Roberts had a duty to operate his car in a safe manner, which would include maintaining control of his vehicle and keeping it within his lane of travel. The movement of Roberts’ vehicle into the oncoming lane represented a breach of this duty, and pointed to negligence unless Roberts could rebut that presumption with his own evidence.

Roberts offered the testimony of Alvin Doyle, an automobile consultant who inspected Robertsís Pontiac after the crash. Doyle testified that the brake “grabbing” sensation Roberts felt just before the accident was due to excessive grease on the left front brake drum, which was the result of improper lubrication of the ball joint. In Doyle’s opinion, the “accumulation of grease was so obvious as to merit the attention of any conscientious grease man and to call for replacement as well as removal of the grease deposits.”

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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.

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On January 22nd a state court jury found in favor of 84 year old Berna Courville in her suit against Robinswood School (on the former Chennault Air Force Base). Ms. Courville’s son, 39 year old Tony Courville, had been a resident of the facility that cares for people with severe mental retardation for the past 15 years.

According to the Courville family, they noticed their son coughing on June 5-6, 2005. They notified the facility who they allege did not treat the cough. Courville was taken to the hospital with pneumonia on June 14, 2005. His chest was so full of fluid that his heart and trachea had been shoved over. According to the testimony of pulmonologist Dr. Gary Kohler, 4.5 liters were drained from the right side of his chest. Per medical records, Robinswood allowed Courville to gain 41 pounds in 14 days. He did not recover from the pneumonia and eventually passed away.

Courville’s untimely death led his surviving family members to file suit against the facility, alleging they acted improperly and negligently in their care for the man. While Courville’s family believed the death was the result of what should have been an obvious illness that medical caregivers would detect under proper conditions, Robinswood alleged in court that this was not the case and that the care the facility provided was proper.

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