Baton Rouge, Louisiana Motorcycle Accident Attorney, Scott Andrews, returned safely from a week-long trip to North Carolina, where he, along with five other motorcycle enthusiast friends, slayed the dragon in Deals Gap.
With 318 curves in 11 miles, the Tail of the Dragon is the number one motorcycle destination in the United States. Fortunately, they did not leave any parts on the tree of shame.
On June 27, 2011, the United States Supreme Court in Philip Morris v. Jackson, 10-735, denied a request from Big Tobacco to overturn a 2004 Louisiana judgment totaling $270 million to fund a ten-year smoking cessation program that will include medications, telephone quit lines, health intervention systems, and intensive cessation programs for Louisiana residents within the defined class. The Louisiana jury found that cigarette makers hid the health risks of smoking and committed fraud. Big Tobacco argued that the Louisiana judgment violated the due process clause of the United Constitution because it does not require proof of individualized reliance on the misrepresentations by Big Tobacco.
Baton Rouge, Louisiana injury attorney, Scott Andrews, with the law office of Dué Guidry Piedrahita Andrews Courrege L.C., served on the Trial Team in the Scott v. American Tobacco Co., Inc. litigation. In 2004, a New Orleans, Louisiana jury awarded $591 million. The amount was reduced on appeal to $242 million. Together with post-judgment interest, the total award is approximately $270 million. The judgment in the lawsuit first filed in 1996 is now final. Scott Andrews hopes that every Louisiana smoker within the class finally gets the help and assistance they need to combat their tobacco addiction.
On this Memorial Day weekend, the Baton Rouge, Louisiana head and brain injury attorneys at Dué Guidry Piedrahita Andrews Courrege L.C. advise motorcyclists to wear a DOT approved helmet while riding. It is well known that head injuries are a leading cause of death in motorcycle accidents. Wearing a helmet has been shown to limit injury severity and reduce he number of traumatic brain injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), helmets are estimated to have saved the lives of 1,829 motorcyclists in 2008.
After a 1999 law in Louisiana limiting helmet use requirements, the motorcycle fatality rate increased by more than 25 percent. After Louisiana discovered that nonhelmeted riders in accidents experienced head injuries at twice the rate of helmeted riders, the universal helmet law was reinstated in 2004 and the number of motorcycle deaths declined.
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Baton Rouge, Louisiana motorcycle accident lawyer, Scott Andrews, urges motorcycle riders to take a Louisiana State Police Motorcycle Safety and Awareness Course. The Louisiana State Police offers both a Basic Motorcycle Rider Course for inexperienced motorcycle operators and an Advanced Rider Course.
After the third fatal motorcycle crash in less than a week just in Troop L, the Louisiana State Police issued a news release on May 22, 2011, reminding all motorists to safely “share the road” with motorcycles and to be extra alert to help keep motorcyclists safe. Additionally, the Louisiana State Police urges motorcyclists to “RIDE LIKE YOU ARE INVISIBLE TO OTHER MOTORISTS!!!!” and to follow these safety guidelines to increase awareness and have a safe riding experience:
Be visible:
Remember that motorists often have trouble seeing motorcycles and reacting in time.
Make sure your headlight works and is on day and night.
Use reflective strips or decals on your clothing and on your motorcycle.
Be aware of the blind spots cars and trucks have.
Flash your brake light when you are slowing down and before stopping.
If a motorist doesn’t see you, don’t be afraid to use your horn.
Dress for safety:
Wear a quality helmet and eye protection.
Wear bright clothing and a light-colored helmet.
Wear leather or other thick, protective clothing.
Choose long sleeves and pants, over-the-ankle boots, and gloves.
Remember – the only thing between you and the road is your protective gear.
Apply effective mental strategies:
Constantly search the road for changing conditions. Be aware of other traffic, road surfaces and debris.
Give yourself space and time to respond to other motorists’ actions.
Give other motorists time and space to respond to you.
Use lane positioning to be seen; ride in the part of a lane where you are most visible.
Watch for turning vehicles.
Signal your next move in advance.
Avoid weaving between lanes.
Don’t ride when you are tired or under the influence of alcohol or other drugs.
Know and follow the rules of the road and stick to the speed limit.
Know your bike and how to use it:
Practice. Develop your riding techniques before going into heavy traffic. Know how to handle your bike in conditions such as wet or sandy roads, high winds, and uneven surfaces.
Get formal training and take refresher courses.
Louisiana injury lawyer Bob Downing (retired First Circuit Court of Appeal Judge) wrote the following article for the May 2011 issue of the Baton Rouge Bar Association’s monthly publication, Around the Bar, regarding the impropriety of appealing from the denial of a motion for directed verdict:
There should be no appeal from the denial of a motion for a directed verdict. Graves v. Riverwood International Corp., 41,810 (La.App. 2 Cir. 1/31/07), writ denied, 07-630 (La.5/4/07), 956 So.2d 621; See Adams v. Purciau, 417 So.2d 860 (La.App. 4th Cir.), writ denied, 422 So.2d 157 (La.1982); Varnado v. Ins. Co. of America, 484 So.2d 813 (La.App. 1st Cir.), writ denied, 489 So.2d 248 (La.1986); and Miller v. Upjohn Co., 461 So.2d 676 (La.App. 1st Cir.1984).
In reviewing the cases that state that the standard of review for the denial of a motion for directed verdict is the same for the granting of a motion for directed verdict, it appears that the error begins with Davis v. Board of Supervisors of Louisiana State University, 03-2219 (La. App. 4 Cir.11/17/04), 887 So.2d 722, writ denied, 04-3086 (La.2/18/05), 896 So.2d 40, which incorrectly cites Cross v. Cutter Biological, 94-1477 (La.App. 4 Cir.5/29/96), 676 So.2d 131, writ denied, 96-222- (La.1/10/97), 685 So.2d 142, a case dealing with the granting of a motion for directed verdict. Davis is in turn cited for this incorrect standard of review in Everhardt v. Louisiana Department of Transportation & Development, 07-0981 (La.App. 4 Cir. 2/20/08), 978 So.3d 1036.
Randy Piedrahita of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., recently completed a week long Advanced SWAT school taught by Steve Clagett of TV’s “Dallas SWAT” fame. The first two days, shown here, highlighted shooting and hostage rescue with live fire and Simunitions (paintball type); later days worked on airplane and vehicle assaults and complicated hostage rescue scenarios. Many thanks to Fulcrum Tactical for its continued charitable works in making great training like this available for law enforcement.
Baton Rouge, Louisiana personal injury attorney, Randy Piedrahita, will be presenting a Continuing Legal Education Seminar on taking expert witness depositions for trial purposes. This seminar from the LSU Law Center will address when, why, and how such testimony should be taken, including the legal rules governing the process.
Retired Louisiana District and Court of Appeal Judge, Bob Downing, provided this simple and easy to understand general jury instruction that he often used when he was a Louisiana district court judge. The new Louisiana Supreme Court Committee tasked with trying to simply the current jury instructions in use today would be well served to review retired-Judge Downing’s closing instruction:
You should deliberate on this case without regard to sympathy, prejudice, or passion for or against any party to this suit. This case should be considered as an action between persons of equal standing in the community. A corporation or an insurance company is entitled to the same fair trial at your hands as a private individual. All persons stand equal before the law, and are to be dealt with as equals.
The experienced Baton Rouge, Louisiana personal injury and wrongful death attorneys at Dué Guidry Piedrahita Andrews Courrege L.C. are proud to announce the association of retired Judge, Bob Downing, as “Of Counsel” to the firm.
Bob Downing is a graduate of Zachary High School and of Louisiana State University. After practicing law for ten years, Bob Downing committed himself to a 25 year career in public service, first serving as a District Judge for the 19th Judicial District Court for the Parish of East Baton Rouge, and then as a Court of Appeal Judge for the Louisiana First Circuit Court of Appeal. After retiring in 2010, Bob Downing returned to private practice. Bob is accepting serious plaintiff personal injury and wrongful death cases at the trial and appellate levels.
After teaching Insurance Law during the Fall 2010 semester at the Southern University Law Center (SULC), Baton Rouge, Louisiana product liability and personal injury lawyer, Scott Andrews, was selected to teach Product Liability at the Southern University Law Center during the Spring 2011 semester.
The Southern University Law Center is located on a bluff overlooking the Mississippi River and provides opportunity to under-represented racial, ethnic, and economic groups.
Scott Andrews joins the faculty ranks of the senior member of the firm, Paul H. Dué, who previously taught at the Southern University Law Center, and the Of Counsel to the firm, David W. Robertson, who is the W. Page Keeton Chair in Tort Law at the University of Texas School of Law.
Louisiana Injury Lawyer Blog