$301,000 Motor Vehicle Accident Case

On April 19, 2018, a driver pulled an F-350 pickup truck from a parking lot onto Maplewood Avenue in Sulphur, Louisiana. The plaintiff angled the truck into a left-turn lane, partially blocking a center lane. Simultaneously, the defendant, distracted by a cellphone GPS, rear-ended the plaintiff's vehicle in a Ford Explorer. The impact was moderate, causing significant damage to the defendant's vehicle, while the plaintiff's F-350 sustained minor damage. The plaintiff later sought treatment for multiple injuries, including cervical and shoulder surgeries, and reported a need for future medical interventions. The plaintiff filed a negligence lawsuit against the defendant, initially in Calcasieu Parish before its removal to federal court in Lake Charles. The plaintiff sought $4.75 million, including economic losses for past and future medical expenses and lost wages, as well as non-economic damages. The defendant admitted the collision but argued the plaintiff shared fault by blocking the lane. The defense presented an accident expert who calculated the impact on the plaintiff's truck as minor and a medical expert who attributed many of the plaintiff's conditions to pre-existing degenerative issues unrelated to the crash. After a five-day trial, the jury deliberated for three hours, finding the defendant 70% at fault and the plaintiff 30% at fault. The jury awarded the plaintiff $150,000 for past medical expenses, $50,000 for future medical expenses, and $80,000 for lost wages. Non-economic damages included $75,000 for pain and suffering, $50,000 for loss of enjoyment of life, and $50,000 for disability. The jury rejected an award for mental anguish. The raw verdict totaled $430,000, which was reduced by the plaintiff's comparative fault to a final judgment of $301,000.

On December 17, 2017, a rear-end collision occurred in Gretna, Louisiana, when a defendant's vehicle hydroplaned and struck a pickup truck occupied by a driver and a passenger who were stopped at a red light. The defendant admitted fault for the crash. While the collision resulted in minor damage to the pickup's trailer hitch, the driver characterized the impact as significant. The driver subsequently sought treatment for an L5-S1 disc injury, including epidural steroid injections, and the passenger reported a cervical disc bulge, undergoing a period of pain management. Each plaintiff incurred approximately $40,000 in medical bills. The driver and passenger, as plaintiffs, filed a lawsuit against the striking defendant, seeking damages. They also brought an uninsured/underinsured motorist claim against their own insurer. The defense contended that the collision was minor and minimized the severity of the claimed injuries. Evidence presented by the defense noted that the plaintiffs did not seek immediate medical care, having driven several hours to Texas after the incident. A defense orthopedic expert concluded that the passenger sustained only a strain injury and the driver experienced an aggravation of degenerative conditions. Surveillance video depicting the driver white water rafting was also introduced to challenge the extent of the claimed injuries. The case proceeded to a three-day trial in Gretna. During deliberations, the jury requested to review vehicle photos, itemized medical bills, and the claim for car damage. Ultimately, the jury concluded that neither plaintiff sustained injuries as a result of the incident and therefore did not award damages. A judgment was subsequently entered in favor of the defense, closing the case.

A rear-end collision occurred on Interstate 210 in Calcasieu Parish, Louisiana, when a 2014 Dodge Grand Caravan struck the rear of a 2017 GMC Sierra at a traffic light stop. The plaintiff, the driver of the Sierra, alleged severe head, neck, and back injuries, along with associated medical expenses and economic loss resulting from the collision. The plaintiff filed a lawsuit claiming negligence against the driver of the Caravan and one of the defendant insurance companies. The plaintiff also asserted breach of contract claims against two insurance companies, alleging their failure to pay underinsured motorist coverage. In response, the defendant driver and the first insurance company denied the allegations and raised affirmative defenses, including failure to state a claim, failure to mitigate damages, claims barred by prescription or statute of limitations, and pre-existing conditions. The plaintiff, the defendant driver, and the first insurance company later settled their claims. The court dismissed the action with prejudice as to these parties. Subsequently, the court dismissed the remaining action against the second insurance company without prejudice to all parties.

In New Orleans, a restaurant co-owner suffered severe injuries, including a traumatic brain injury, after his vehicle was rear-ended at a red light on Canal Street at its intersection with Carrollton Street on February 5, 2011. The plaintiff, who was briefly in a coma and left permanently disabled, filed a lawsuit against the driver who struck his vehicle and Ford Motor Company. The defendant driver later pleaded guilty to a fourth offense DWI related to the crash. The plaintiff alleged the driver's negligence caused the collision and that the driver's seat in his 2005 Ford Focus was defectively designed, lacking adequate strength, which exacerbated his injuries. The plaintiff presented expert testimony suggesting a stronger seat would have prevented severe injury and valued a life care plan between $3.3 million and $4 million. The defendant driver offered little defense regarding liability but sought to minimize claimed injuries. Ford Motor Company argued the crash was exceptionally severe, with its expert estimating impact speeds of 50 to 60 mph, making it more severe than 97.7% of all rear-end collisions. Ford also contended its seat design was not defective and that a more rigid design would increase injury risks in other scenarios without benefiting the plaintiff in this particular crash. Ford's experts disputed the extent of the plaintiff's injuries and damages, proposing a life care plan valued between $210,000 and $300,000. After a two-week trial in New Orleans, the jury exonerated Ford Motor Company, finding the Ford Focus was not unreasonably dangerous. The jury concluded that the defendant driver was negligent and his negligence was the proximate cause of the plaintiff's injuries, assigning 100% fault to the driver. The plaintiff was awarded medical expenses totaling $441,773, an additional $300,000 for future medicals, and $125,000 in each of four general damages categories: pain and suffering, mental anguish, permanent impairment and disfigurement, and loss of enjoyment of life. A judgment was entered against the driver for a total of $1,241,773, and in favor of Ford on the product liability claim.

On March 2, 2011, a truck driver was traveling eastbound on I-12 in East Baton Rouge, Louisiana, when the driver slowed for traffic congestion. The plaintiff's vehicle was struck from behind by a tractor-trailer operated by a defendant driver and owned by a defendant trucking company. The plaintiff sustained multiple injuries in the collision, including spinal cord damage and a herniated lumbar disc requiring surgical repair. The plaintiff filed a negligence lawsuit on April 27, 2011, against the driver, the trucking company, and their insurers in federal court in Louisiana. Prior to trial, the defendants stipulated to liability for the collision. Consequently, the trial proceeded solely on the issue of damages, with both sides presenting expert testimony regarding the plaintiff's injuries, vocational rehabilitation needs, and economic losses. On January 28, 2015, a jury awarded the plaintiff $442,500. The award included $95,000 for past medical expenses, $18,000 for future medical expenses, $65,000 for past, present, and future mental anguish and physical pain and suffering, $35,000 for loss of enjoyment of life, $175,000 for loss of earning capacity, and $54,500 for past lost wages. Judgment was formally entered against the defendants on February 4, 2015.