I would like to acknowledge the outstanding work of one of our local judges in the arena of juvenile justice. With the steadily increasing number of single parent families, homelessness, poor economy and domestic violence, far too many of our children are becoming acquainted with the justice system in the wrong kind of way. Thanks to the dedication of Judge Patricia Koch, positive changes are being made to our local juvenile justice system, and in doing so, Patricia is making a huge difference in the lives of many children and their families. She’s one of our unsung heroes and it gives me great pleasure to recognize her dedication to the children of our community; and I’m greatly honored to say that she’s also a dear friend. Thank you Patricia and keep up the good work!

Rapides Parish Judge Patricia E. Koch honored nationally

Ninth Judicial District Judge Patricia Evans Koch has been honored as a 2009 Champion for Change in juvenile justice reform for her work locally and across the state. Koch was recognized by the MacArthur Foundation-supported Models for Change juvenile justice systems reform initiative during the Fourth Annual Models for Change national conference in Washington, D.C. The organization said Koch is being honored for her work to improve the lives of court-involved children, their families and communities. Models for Change is the John D. and Catherine T. MacArthur Foundation’s $140 million national initiative to reform juvenile justice across the country.

“Judge Koch’s dedication, expertise, and reputation are having a tremendous impact on Models for Change in Rapides Parish and Louisiana,” said Dr. Debra K. DePrato, director of Models for Change Louisiana. “Her leadership and her ability to bring different groups to the table, is actually changing practice on the ground and has made her a champion and a leading voice for effective change.” Koch was elected to represent Division E of the 9th Judicial District Court in 2005 and has been serving as the juvenile judge since 2006. She led the development of the Rapides Parish Children and Youth Planning Board, while also assisting in the development and subsequent work for two consecutive Louisiana Models for Change grants for the parish. As a result, Koch now provides training and consultation to other planning boards around the state, according to Models for Change.

“I have continued outreach with district attorneys, public defenders, religious leaders and juvenile justice advocates, urging each of them to consider varied and collaborative approaches for the treatment of our youth,” Koch said. “I think it’s important to have all of these groups working together, actively engaged in the community and contributing to this discussion and dialogue.”

Here is a release our Firm send out regarding the recent rash of recalled infant and children’s products:

Law firm files suit against Stork Craft, fears troubling trend of unsafe children’s products

Last week, the Consumer Product Safety Commission announced the recall of 24,000 Amby Baby Motion Beds after the suffocation deaths of two infants. This announcement comes just two weeks after the nation’s largest crib recall. On November 23rd, over 2 million Stork Craft cribs were pulled from shelves after four infants’ deaths were linked to the cribs’ drop-side rails. Each year, an average of 82 children under 5 years old will die from injuries inflicted by nursery products. These products caused 64,000 ER visits in 2008 alone.
Attorney Richard J. Arsenault, of Neblett, Beard & Arsenault, has noted a ‘troubling trend’ in recent recalls of infant and children’s products.
“Corporations owe consumers safe products – especially when the products are intended for infants and children,” said Arsenault.
Arsenault recently filed a lawsuit against Stork Craft for the suffocation death of a 7-month-old Louisiana boy. The suit filed in U.S. District Court for the Western District of Louisiana (Docket # 6:09-CV-01976), alleges that Stork Craft’s disregard for safety resulted in the infant’s death. Three other deaths and over 100 injuries have been associated with the Stork Craft cribs.

“It is appalling to think these products make it to store shelves to begin with. One of the biggest risks associated with infants’ sleeping environments is the risk of suffocation/strangulation. These companies should know this and consequently need to do more to protect our children. Our regulatory agencies need to become the watch dogs we so desperately need. Thankfully, the tort system provides an additional safety net….sadly, however, too late to prevent the deaths and injuries that have already occurred “added Arsenault.

Over the last few years, the nation has been rocked by a series of recalls aimed at children’s products. Risks of lead contamination, choking hazards,dangerous magnets, defective nursery products and the recalls of millions of children’s sleeping environments have left parents shaken and calling for reform in Washington.

“The current safety standards established for many infant and children’s products are often too weak to ensure the safety of our most vulnerable citizens. The tort system motivates wayward companies to clean up their act and make safety a priority. The system’s indirect regulatory function, through product liability litigation, often takes up the slack where governmental agencies may fail,” concluded Arsenault.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will begin enforcing its New Entrant Safety Assurance Process rule, which requires newly registered truck and bus companies to meet stricter safety requirements. This final rule raises the compliance standards for passing new entrant safety audits and requires that new carriers correct safety deficiencies before being granted permanent registration.

The Agency identifies 16 regulations that are essential elements of basic safety management controls necessary to operate in interstate commerce and makes a carrier’s failure to comply with any one of the 16 regulations an automatic failure of the safety audit. These regulations cover controlled substances and alcohol testing, hours-of-service rules, driver qualifications, vehicle condition and carrier insurance responsibility. These new requirements should increase safety to the motoring public and bus passengers from rogue commercial motor carriers.

For more information on the new Entrant Safety Assurance Process rule, visit the FMCSA website .

The CPSC announced today that they are undergoing a new effort to find any additional Simplicity cribs that may still be in use today.  These cribs have been implicated in multiple infant deaths and injuries:

Recent Infant Death in a Recalled Simplicity Drop Side Crib Raises Number of Fatalities to 11. Some of the Cribs include the Graco Logo and Winnie-the-Pooh Motif.

The U.S. Consumer Product Safety Commission (CPSC) is warning consumers about the dangers associated with recalled Simplicity drop side cribs manufactured by Simplicity Inc. and SFCA Inc., of Reading, Pa. The firms appear to no longer conduct day to day operations. CPSC has recently been made aware of an additional death which occurred in September 2009 involving a 7-month-old child from Princeton, Kentucky who became entrapped in the crib when a part of it broke. On July 2, 2009, CPSC issued a recall describing the death of an 8-month-old child from Houston, Texas who became entrapped and suffocated between the drop side and the crib mattress
when a plastic connector on the drop side broke. CPSC also is aware of an additional 25 incidents involving the drop side detaching from the crib.

To date, CPSC has recalled over 2 million Simplicity drop side cribs due to problems with the crib’s plastic hardware. The plastic hardware can break or deform, causing the drop side to detach. When the drop side detaches, it creates a space between the drop side and the crib mattress. Infants and toddlers can roll into this space and become entrapped which can lead to suffocation.

Previous Simplicity crib recalls were issued in December 2005, June 2007, September 2007, September 2008 and July 2009.

All Simplicity drop side cribs have been recalled. Some of the model numbers include but are not limited to: 4600, 4605, 4705, 5000, 8000, 8050, 8324, 8325, 8620, 8740, 8745, 8748, 8750, 8755, 8756, 8760, 8765, 8778, 8800, 8810, 8910, 8993, 8994, 8995, 8996. The recalled drop side cribs were sold in department stores, children’s stores, and mass merchandisers nationwide from January 2005 through June 2009 for between $150 and $300.

CPSC is reminding parents and caregivers to check their cribs to see if they have a recalled Simplicity drop side crib. Consumers should immediately stop using the recalled cribs and find an alternative, safe sleeping environment for their baby. Consumers should not attempt to fix the cribs. Consumers can also check with the retailer where purchased to receive a remedy.

I have found that not all clients are the same and not all trials are the same. Last month I had a trial which involved a mother and her 2 year old daughter who was injured when her car was violently hit in the rear and totaled by an elderly lady who unfortunately was not paying attention.

My client did not want to go to trial and wanted me to settle the case as she had been to court with another good attorney on a prior case that did not go well and left a bad taste in her mouth about the court system. Unfortunately, the insurance company did not think my client or her daughter’s injuries warranted a fair settlement value and my client was left with a decision whether to take a unfair amount or face the court system that she felt left a lot to be desired.

She decided to go to court and see what happens. On the day of Court my client was very nervous and apprehensive and questioned whether she was making the right decision to be there. She really did not want to bring a claim against the other driver, but she felt she was not treated fairly by the insurance company. When the defendant driver came to court she was also nervous and she was accompanied by her two grown daughters who were there for support.

We then introduced ourselves and everyone apologized for having to be here and that it was nothing personal between anyone. The defendant driver felt bad for running in the back of my client and my client felt bad for bringing a claim against her. Unfortunately, the law does not allow you to bring only against the insurance company and not the at fault driver except in limited circumstances and this was not one of them. Prior to trial it was agreed that my client would not get an excess judgment against the other driver and would limit her recovery to the applicable insurance limits. After many tears were shed before the first witness was sworn, the trial proceeded on. When the trial was over and the judge rendered a verdict that was substantially more than what the insurance company offered but within the policy limits, both my client and the other driver hugged and shed more tears that it was over and there was peace between them and justice was finally served. When it was all said it done I personally felt this was one of my rewarding trials and that it reaffirmed why I choose to become a trial lawyer.

According to the U.S. Department of Justice, in 2007, there were 788,864 DUI arrests. In 2008, as compared to 2009, the alcohol-impaired driving fatality rate declined from .43 to .40 fatalities per 100 million vehicle miles of travel (VMT). States above that rate include Louisiana, Texas, Arkansas, Mississippi and Alabama.

In 2008, Louisiana had 338 alcohol-impaired crashes resulting in a .75 VMT rate, the 3rd highest in the nation. The devastation to a family of not seeing their child, spouse, mother, father, grandmother, grandfather, uncle, aunt, sister, brother, as a result of a death caused by a drunk driver is devastating. Every injury and death caused by drunk driving is totally preventable simply by the drunk by not driving.

Sending text messages while driving is dangerous and a “no-brainer.” But while driving the roads you see motorist texting and reading. A survey at a local high school showed 85% of the students acknowledged texting or reading while driving. Although teens are the biggest offenders, drivers of all ages admit to text messaging. A consumer study shows texting and driving is a practice on the increase.

The National Highway Traffic Safety Administration reports that distracted drivers account for almost 80% of all crashes and 65% of near crashes. Teens using a driving simulator while sending text messages or searching their MP3s slowed down, wove in and out of their lanes, and in some cases, ran over pedestrians in a study presented to the Pediatric Academic Societies.

14 states and the District of Columbia now have laws banning texting while driving (as of July 2009). It’s time for all states to be uniform in the texting ban. Passengers tell the driver to stop texting!

Thanks in part to the cheers and support from Saints fans at Neblett, Beard & Arsenault, our home team – still undefeated – have clinched a spot in the playoffs by winning the NFC South.  Next thing on the agenda – home field advantage!! Geaux Saints!

A jury in Minnesota returned an $8 million verdict in favor of a seriously injured plaintiff in his lawsuit against a drunk driver and the bar that continued to serve him alcohol despite his obvious intoxication. The verdict was rendered under Minnesota’s Dram Shop statute which holds bars liable for the negligent actions of customers their employees continued to serve even though they were exhibiting visible signs of intoxication.

The defendant driver had admitted his liability for colliding with the plaintiff which resulted in multiple injuries including a shattered pelvis, fractured forearms, broken leg and vision loss.

Jury verdicts such as these send a clear message to bar owners they will be held responsible for injuries to innocent victims of drunk drivers who drink to excess and are allowed to leave the bar and drive. Bar and tavern owners can no longer turn a blind eye to the obviously intoxicated patron who continues to want to buy drinks. The number of drunk driving accidents resulting in serious injuries and death are rising. We must all do our part in stopping this activity. Patrons must know the amount of alcohol they can consume and legally drive or designate a non-drinking driver. Bars must be vigilant about their intoxicated patrons and refuse to serve them and make sure they are not driving.

Geaux Saints!!

Everyone at Neblett, Beard & Arsenault is proud of our Home Team and wish them the best of luck in their upcoming game against the Washington Redskins!

Can the Saints make it a perfect season?

WHO DAT?

WHO DAT?

WHO DAT SAY DEY GONNA BEAT DEM SAINTS??

Who Dat? Drew Dat!