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Louisiana’s Traumatic Head Injury or Spinal Cord Injury Trust Fund provides services to Louisiana citizens who survive traumatic head or traumatic spinal cord injuries, and who have exhausted all other governmental and private resources. Individual services are limited to $15,000 per year, with a cap of $50,000 over the individual’s lifetime. Services include evaluations, post-acute medical care rehabilitation, therapies, medication, attendant care, equipment necessary for activities of daily living, and other goods and services deemed appropriate and necessary. Baton Rouge, Louisiana brain injury and spinal cord injury attorney, Scott Andrews, suggests that eligible individuals immediately contact the Traumatic Head Injury or Spinal Cord Injury Trust Fund office for more information and to be placed on the waiting list for available services, since it could take several years to become a trust fund beneficiary for this first come first served program.
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So much for the medical malpractice crisis in Louisiana. Louisiana doctors will receive a 10% dividend this year from Louisiana’s largest medical malpractice insurer bringing the total amount of insurance premiums returned by the malpractice insurer to health care providers since 2008 to $20,500,000.

Thomas H. Grimstad, M.D., President / Chief Executive Officer of the Louisiana Medical Mutual Insurance Company (LAMMICO) announced on December 16, 2009 that the LAMMICO Board of Directors and the Louisiana Department of Insurance authorized a third consecutive dividend. The press release issued by LAMMICO states that: “A 10 percent dividend will be paid to individuals, groups and health care facilities holding a LAMMICO policy in force on December 9, 2009 (with the exception of medical student and tail policies). …This dividend equals approximately $5.1 million. Dividend checks will be distributed during the first quarter of 2010. This development follows two previous dividends declared since 2008, totaling $20.5-million.” The Advocate reports that Dr. Grimstad said in a prepared statement: “We declare this third dividend with confidence while maintaining a surplus level that ensures the reliable payment of claims over any cycle.” Victims of medical malpractice in Louisiana should be pleased to know that Louisiana’s largest medical malpractice insurer has sufficient money in its accounts to pay any and all medical malpractice claims that arise during any time period.
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Esteemed LSU Law Pofessor Emeritus, Saul Litvinoff, died the morning of January 5, 2010 at the age of 84. Professor Litvinoff, a former Boyd Professor, joined the LSU Law Center in 1965 and became director of the Center for Civil Law Studies in 1976. He retired in 2009. Professor Litvinoff was instrumental in drafting much of the Louisiana Civil Code, including the sections on contracts, obligations and sales. Former student and Baton Rouge injury lawyer, Scott Andrews, recalls Professor Litvinoff’s photographic memory and quick wit: “Professor Litvinoff had every student’s name memorized the first day the seating chart was made available and he referenced his textbooks by page number even though he never brought a book to class. His students were mesmerized by his genius and humor.” The civil law community lost a great friend on Tuesday. We will miss you Professor Litvinoff.

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On January 4, 2010, and 18 wheeler being operated by a Jonesboro, Louisiana man traveling northbound on U.S. Highway 167 near the Jackson Parish and Winn Parish line crossed the center line and struck an oncoming car being operated by a Winnfield, Louisiana woman. Both drivers were killed.

While Louisiana is a pure comparative fault state, meaning that the fault of each person, however slight, must be apportioned, a driver who crosses the center line and strikes a vehicle in its proper lane of travel is presumed to be at fault for causing the auto accident.
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Two men supposedly cooking fish were rushed to Springhill Medical Center and then to LSU Medical Center’s Burn Unit in Shreveport, Louisiana, with serious burn injuries following an explosion at their Sarepta, Louisiana home on December 29, 2009. Webster Parish Deputies are investigating the true cause of the explosion. According to the United States Fire Administration, 84% of all civilian fire deaths occurred in residences in 2008. Baton Rouge, Louisiana burn injury attorney, Scott Andrews, warns residents to never leave an active cooking appliance unattended, never place hazardous or flammable liquids near a gas hot water heater, and never leave flammable materials near space heaters.
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Around 3:05 a.m. on Friday, January 1, 2010, an Eros man was killed when the driver of the truck he was occupying lost control and struck a tree in Jackson Parish, Louisiana. Both occupants were ejected since neither was wearing a seat belt.

Under Louisiana law, the doctrine of comparative fault applies to auto accidents. However, failure to wear a seat belt cannot be used to show comparative fault or failure to mitigate damages. If the driver is intoxicated, and he/she is at least 25% at fault in causing the accident, then he/she cannot recover for his/her own injuries. If the driver is intoxicated, the passenger may be at fault for riding with an intoxicated driver. If the roadway or shoulder is defective or if the struck tree is too close to the highway, then the State of Louisiana, through the Department of Transportation and Development, may be partially at fault. The legal rights that attach to a car wreck are complicated. In order to better understand your legal rights, you should contact an experienced attorney if you are seriously injured or if a loved one suffers a wrongful death in an automobile or truck accident.
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On December 22, 2009, the Consumer Product Safety Commission announced that approximately 8,500 Polaris All-Terrain Vehicles (Sportsman ATVs) manufactured between January and August 2009 and sold between February 2009 through November 2009 were voluntarily recalled by Polaris Industries, Inc. . Polaris has received 19 reports of incidents involving the loss of steering control in the 2009-2010 Sportsman ATVs after the front suspension ball joint stem separated from the steering knuckle. The following models are included in the recall:

2009 Sportsman XP 550
2009 Sportsman XP 550 EPS
2010 Sportsman 550
2010 Sportsman X2 550
2010 Sportsman Touring 550
2009/2010 Sportsman XP 850
2009/2010 Sportsman XP850 EPS
2010 Sportsman Touring 850

The Consumer Product Safety Commission warns consumers to immediately stop using the recalled Polaris Sportsman ATVs and to contact their local Polaris dealer to determine if your model and VIN number are included in this recall and to schedule a free repair. Polaris is supposed to be directly contacting registered owners about the recall. For additional information about the Polaris ATV recall, you can contact Polaris at (888) 704-5290 or visit the company’s Web site.

Baton Rouge, Louisiana personal injury attorney, Scott Andrews, warns consumers not to wait until after the hunting season to get their recalled Polaris ATV repaired because the risk of injury and death is too great: “I have had numerous clients over the years call me after being injured by a defective recalled product and they tell me that they received notice of the recall, but had not gotten the defective product repaired yet when the accident happened. Return the product or get it repaired–do not use the defective product.”
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Dollar Tree Stores, Inc., in cooperation with the Consumer Product Safety Commission, voluntarily recalled approximately 204,000 Tool Bench Utility Knives sold at Dollar Tree, Dollar Bill$, Greenbacks and Deal$ stores nationwide between April 2009 and October 2009. While Dollar Tree has only received one complaint of injury, the utility knife’s blade can slide past the blade support during use, posing a laceration hazard to users. Therefore, users should stop using recalled knives immediately and return them to the store where purchased for a refund.

The recalled utility knives were made in China and distributed by Greenbriar International, Inc. The knife is black or gray and is about 6 inches long and 1 ¼ inches wide. The package includes an extra blade. “Tool Bench Utility Knife” is printed on the front of the product’s packaging. “975942,” date code “93” and “UPC 639277759429” are printed on the back of the packaging.

Contact Dollar Tree Stores for additional information.
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The Louisiana First Circuit Court of Appeal, in an opinion not designated for publication, reaffirmed that once a party has been dismissed from the litigation by a summary judgment, that former party cannot be named on the verdict form and cannot have any percentage of fault attributed thereto.Quinn v. State of Louisiana, DOTD, 2009-0085 (La.App. 1 Cir. 12/23/09). See also Bowie v. Young, 2001-0715 (La.App. 3 Cir. 3/20/02), 813 So.2d 562, 569-570, writ denied, 2002-1079 (La.6/21/02), 819 So.2d 335; and Duzon v. Stallworth, 2001-1187 (La.App. 1 Cir. 12/11/02), 866 So.2d 837, 853-854, writs denied, 2003-0589 (La. 5/2/03), 842 So.2d 1101, 1110 (“when the court determines that a party or nonparty is not negligent [is dismissed on summary judgment], he may not be considered in the allocation of fault, and subsequent evidence may not be admitted to establish his fault.”).

This personal injury legal update is provided by Baton Rouge, Louisiana injury lawyer Scott Andrews of the Louisiana accident and injury law firm, Dué Guidry Piedrahita Andrews Courrege L.C..

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The Consumer Product Safety Commission announced that Watts Regulator Company voluntary recalled about 900 one inch 140X-9 Temperature and Pressure Relief Valves sold through distributors nationwide from October 2006 through July 2009 for between $250 and $280. The valves were typically sold as replacement parts for large water heaters used in commercial locations and large homes. The relief valve can fail to reduce pressure and avert failure or rupture of the water heater tank and associated valves, posing rupture and burn hazard to consumers and their property. Consumers and users should immediately contact Watts Regulator to schedule a free repair or to obtain more information.
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