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U.S. District Judge Eldon Fallon will soon issue a decision in the first federal Chinese drywall case. His judgment will greatly impact the continuing recovery for homeowners across the nation. The case, brought by seven Virginia homeowners against Taishan Gypsum Co., alleges damages resultant from poorly manufactured and corrosive Chinese drywall. At stake is more than $2.5 million in damages. Hundreds of subsequent lawsuits concerning Chinese drywall hang in the balance.

Prior to 2005, very little drywall was imported from China. After the devastation to the southeastern United States by hurricanes in 2004 and 2005, massive reconstruction efforts depleted the supply of domestically produced drywall. In order to accomplish the rebuilding efforts, it became necessary to import Chinese drywall. Since 2006, more than 550 million pounds of Chinese manufactured drywall have been imported and installed in approximately 60,000 homes in a number of different states.

The U.S. Consumer Product Safety Commission (CPSC), as well as the U.S. Environmental Protection Agency (EPA), has received thousands of formal complaints from citizens alleging that Chinese drywall leeched noxious substances into homes and offices. The chemicals are linked by some to be causing health problems and corrosion to metals inside walls and appliances. These complaints prompted the EPA to launch an investigation. Last spring, EPA labrotory testing confirmed that sulfur, strontium, and iron were present in samples of Chinese manufactured drywall. The tests also revealed that drywall manufactured in the United States contained no sulfur, and significantly decreased levels of strontium and iron.

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A search was thrown into motion in mid February to find a missing tugboat, the Lil Au out of Houma. According to Petty Office Kevin Board of the U.S. Coast Guard, and as reported in an article on the Daily World’s website,

the 52-foot tug was pushing a 140-foot crane barge south from Jonesville on the Atchafalaya River when it struck the railroad bridge at Krotz Springs about 8 p.m. Thursday night.

Jimmy Darbonne with the St. Landry Parish Sheriff’s Office, which assisted with rescue efforts, said the railroad bridge had opened to let the barge pass but the large crane on the barge struck the bridge anyway.

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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

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86 year old Margie Davis of Columbia was shopping in the West Monroe Wal-Mart store during Thanksgiving week when she was tragically killed. A shelf full of holiday towels fell on Ms. Davis and she died a day later from her injuries. In responding to the Davis family’s lawsuit against Wal-Mart, the retail giant has indicated in court documents that they are not responsible.

As noted in an article on myarklamiss.com,

Wal-Mart attorney Michael Adams declines comment but in a response to the lawsuit he denies everything except that Davis entered the West Monroe store. One part even blames Davis saying quote’… allegations which defendants deny were proximately caused by negligence and fault of plaintiff or plaintiff’s mother, Margie Davis,’ said Adams’ (Wal-Mart) plea filed in federal court.

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The family of 50 year old Adrian Flores, Sr. will collect $10 million in damages according to the recent ruling of a Texas District Court. A crane operator, Flores was crushed to death while working for Gulf Marine Fabricators. Gulf Marine Fabricators is a subsidiary of Houma based Gulf Island Fabrication, a company that builds structures in the oil and gas and marine industries.

As noted in an article on Homatoday.com,

On the day he died, Flores and three other crane operators were tasked with lifting a 1,200-ton piece of offshore platform, according to court papers. As they worked, a boom on Flores’ crane loosened, throwing the load off balance and onto the cab.

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In the morning hours of February 10th, a big rig trying to make a U-turn outside of Emmerson’s Food Mart on State Highway 57 caused a potentially dangerous oil spill. The 18-wheeler snagged the awning above the gas pumps, knocking one over. The overall damage caused by this mere snag is staggering. Approximately 150 gallons of diesel fuel spilled out onto the parking lot and ditch area of the gas station. Almost 30 gallons of super unleaded gasoline also spilled from the pumps.

Haz-mat crews spent the morning cleaning up the mess. Although no drinking water was contaminated and no roads were obstructed, the gasoline traveled downhill into a drainage ditch and small fish were killed.

Unfortunately the driver did not stop after the accident but continued onto the highway. As reported by the Shreveport Times on their website:

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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.

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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.

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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.

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Recently, in Lafayette, Louisiana, The Advocate reports that “local bars . . . allegedly sold alcohol to [two] underage drinkers, both of whom later died in separate and unrelated incidents.” An obvious tragedy, the matter serves as a stunning reminder that liability for businesses goes beyond what happens on their property. When a bar serves alcohol to a minor, it can be held legally liable for the ensuing injuries and harm to the minor.

If a bar —or any other liquor retailer— serves alcohol to a minor, determining whether the bar is liable for the minor’s ensuing harm is a difficult and tricky process. This article is intended as an introductory guide to help you better understand your legal rights and whether you should seek legal representation.

A bar has a duty to not serve alcohol to minors. If the bar negligently breaches that duty, it will be held liable for the harm caused to the minor when it is both (1) a cause-in-fact and (2) a legal cause of the underage drinker’s resulting harm.

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