David R. Frohn

Terry Thibodeaux

Jeffery D. Fruge







 

 

Post Office Box 2090
One Lakeshore Drive, Suite 1220
Lake Charles, Louisiana  70629
Telephone: (337) 433-5523
Facsimile: (337) 433-9225
Email: drf@ftlaw.com

E
MPHASIS
Product Liability, Insurance, and Civil Litigation
EXPERIENCE
FROHN & THIBODEAUX, LLC, Lake Charles, Louisiana
Co-Owner   1998 - present

THE CARMOUCHE LAW FIRM, Lake Charles, Louisiana
Senior Partner/Director of Litigation
Manage civil litigation case load, including supervision and training of associates.  Case load typically involves defense in product liability, general casualty, admiralty, and professional liability.  Also provide counsel to insurers regarding insurance policy coverage disputes, rights, remedies, liabilities, and exposure.  Lead counsel on all matters:  includes over seventy-five jury trials to verdict. Martindale-Hubbel "a, v" rating since 1987.  Major clients include: a Fortune 100 insurance conglomerate, motorized recreational vehicle manufacturers and distributors, a Fortune 100 medical appliance manufacturer, a major oil company, and a Bermuda-based insurer of firearm and sporting goods manufacturers.  Authored seminar publication for Louisiana attorneys upon the passage in 1988 of the Louisiana Products Liability Act, a tort reform measure intended to precisely define the rights and liabilities associated with injuries and damages arising from the use of manufactured products.  Co-authored a comprehensive text on Louisiana civil litigation practice, published by West, 1997, 2d ed 2004.

EXXON COMPANY, U.S.A., New Orleans, Louisiana
Assistant Trial Lawyer
Assisted trial lawyers in the defense of Louisiana claims brought against Exxon in all facets of the company's operations: exploration, production, refining, transportation (including barge and tanker) and marketing.
Interviewed witnesses, investigated accident scenes, researched legal issues, prepared motions, wrote memoranda and appellate briefs, and participated in trials as co-counsel with the trial attorney.

THE BOEING COMPANY, New Orleans, Louisiana
Quality Control Engineer
Confirmed manufactured hardware met all engineering design drawings and quality control test specifications for the components and assemblies of the Saturn Launch Vehicle before transfer to Kennedy Space Center for use in the Apollo program.  Authored a comprehensive technical document to assure such compliance at various stages of the vehicle's assembly and testing.

TULANE UNIVERSITY, New Orleans, Louisiana
Lecturer, School of Mathematics 
Taught freshman calculus as a graduate assistant, while attending law school.
EDUCATION
LOYOLA UNIVERSITY, New Orleans, LA, J.D., 1971

GEORGIA INSTITUTE OF TECHNOLOGY, Bachelor of Aerospace Engineering, Daniel Guggenheim School of Aeronautics and Astronautics
ADMISSIONS
Member, State Bar of Louisiana, Texas
U.S. District Court, Eastern, Middle, and Western Districts of Louisiana
U.S. District Court, Eastern District, Texas
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. Supreme Court

PAPERS AND PUBLICATIONS
Lead Author, Louisiana Civil Trial Procedure, West Group, 1997

"The Louisiana Product Liability Act Effective October 1, 1988," Louisiana State University School of Law, Office of Continuing Education, 1988

Contributing author, "Exclusions of Improper Expert Testimony," Product Liability Advisory Council, Inc., 1998 and continuing.

Frohn, "The Court Speaks Out: Sex With Clients-Not In Louisiana," The Louisiana Disciplinary Review, Spring, 2000.
http://www.ladb.org

SERVICE TO THE COMMUNITY AND THE BAR
Member (Chairperson, 2003), Louisiana Attorney Disciplinary Board, by appointment from the Supreme Court, 1998 - 2003 (statewide adjudicative body for lawyer discipline)

Hearing Committee Chair, Louisiana Attorney Disciplinary Board, 1992 - 1997
President, Louisiana Chapter, 1992 - 93, American Board of Trial Advocates

Member, U.S. Magistrate Judge Selection Committee, Western District of Louisiana, Lake Charles Division, 1993 & 1999

Board of Directors, Lake Charles Civic Symphony, 1990 - 1996

President, Southwest Louisiana Loyola University Alumni, 1997.

PROFESSIONAL ACHIEVEMENTS
Board Certified, Civil Trial Law, National Board of Trial Advocacy
Advocate, American Board of Trial Advocates
Proctor in Admiralty, The Maritime Law Association of the United States
Registered Professional Mechanical Engineer, La.

PROFESSIONAL MEMBERSHIPS
Product Liability Advisory Council, Inc.
American Boat & Yacht Council, Inc.
National Society of Professional Engineers
Louisiana Engineering Society
National Fire Protection Association

 

SUMMARY OF MAJOR COURT DECISIONS

Perkins v. F.I.E. Corp., 743 F.2d 262 (5th Cir., 1984) (Criminal handgun violence not foreseeable misuse of a product)

Simon v. Yamaha, 1993 Auto Lit.Rptr 18,275; Prod. Safety & Lia. Rptr, Vol. 21, No. 10 (March 5, 1993) (Defense verdict, 3-wheel ATV injury)

Schultheiss v. Mobil, 1984 AMC 2526, 592 F.Supp. 628 (W.D. La. 1984) (wrongful discharge of Jones Act seaman)

Thibodeaux v. Century Mfg. Co., 625 So.2d 351 (La. App., 1993) (Defense verdict, nursing home appliance collapse)

Guillory v. Ethicon, 411 So.2d 504 (La. App., 1982) (Defense verdict, surgical needle failure)

Caldarera v. Eastern Airlines, 705 F.2d 778 (5th Cir. 1988) (wrongful death, crash of Eastern flight 66 at JFK in 1975)

Clemons v. Revlon, 838 F.2d 1389 (5th Cir. 1988) (employer liability for erroneous reporting to IRS)

Molett v. Penrod, 826 F.2d 1419 (5th Cir. 1987) (wrongful death, chain failure)

Lopez v. CBI, 546 So.2d 291 (La. App. 1989) (Defense verdict, refinery pressure vessel injury)

Arcadian v. CBI, bench decision (July 18, 1995) (Summary Judgment dismissal, statute of repose; remaining defendants settled class action for $50 million)

Felice v. Valleylab, 520 So.2d 920 (La. App. 1987) (Personal injury medical malpractice, electrosurgery device)

Duplantis v. Zigler Shipyards, 1981 AMC 1993 (WD, La.) (Summary Judgment dismissal, vessel ownership pro hac vice)

Bussie v. Lowenthal, 535 So.2d 378 (La. 1988) (Public official defense to defamation claim, Summary Judgment dismissal)

Taylor v. Tanner, 442 So.2d 435 (La. 1983) (Uninsured motorist "anti-stacking" statute)

Brister v. Century Mfg. Co., 712 So.2d 177  (La. App., 2d Cir., 4/09/98); (Collapse of nursing home whirlpool bath equipment)

Ewing v. Yamaha, unpublished bench decision, March 4, 1994, no appeal (Admiralty jurisdiction attaches to pleasure craft use, non-pecuniary losses not available)

Jordan v. Our Lady of Lourdes, 97-201 (La. App. 3d Cir. 10/29/97) (Defense verdict affirmed - alleged collapse of x-ray machine onto patient) - unpublished decision.

Trahan v. Savage Industries, Inc., 96-1239 (La. App. 3d Cir., 3/5/97); 692 So.2d 490 (accidental shotgun discharge injury)

Edwards v. Daugherty, 97-1542 (La. App. 3d Cir. 3/10/99); 729 So.2d 1112 (law enforcement excess liability)

Martco v. Wellons,  588 F.3d 864 (5 Cir., 2009); (comprehensive analysis of commercial general liability insurance policies)

 

 

 

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