Gulfport Jury Awards $1,222,314 in Rear-End Collision

On August 22, 2017, an over-the-road trucker from Texas was rear-ended by a sedan driver. The trucker immediately reported radiating neck pain, was transported to an emergency room, treated, and released. The trucker subsequently sought care from an orthopedist in Texas, who referred them for physical therapy. After the initial course, the trucker did not continue treatment for approximately 19 months, stating an inability to take time off work. In May 2019, the trucker resumed treatment as symptoms persisted. An MRI revealed a cervical disc injury that compressed a nerve and led to radiating symptoms. A doctor recommended epidural steroid injections, which the trucker had not yet undergone due to a fear of needles but remained open to. The plaintiff filed a lawsuit seeking damages from the defendant. The court directed a verdict on summary judgment for the plaintiff, establishing the defendant's liability. The defendant argued that the plaintiff's disc injury was not linked to the crash and was not a serious injury, emphasizing the significant gap in the plaintiff's medical care and presenting an independent medical examination to support this claim. The case proceeded to a bench trial in October 2020 in Louisiana. The court found for the plaintiff, awarding $17,454 for past medical expenses and $20,000 for future care. Claims for lost wages were rejected. The plaintiff also received $50,000 for pain and suffering, $15,000 for loss of enjoyment of life, and $5,000 for disability, totaling a judgment of $113,354. The court issued a barebones ruling without providing the specific basis for its reasoning.

On March 4, 2013, a collision occurred in Lake Charles, Louisiana, on Monroe Street. The plaintiff was stopped at a stop sign when a vehicle driven by the defendant, an employee of Cequel Communications, rolled forward and struck the plaintiff's vehicle. The incident reportedly occurred after the defendant's foot slipped off the brake. The investigating officer noted extremely minor vehicle contact, stating it merely transferred dust between the vehicles, and neither vehicle required repairs. Despite the minor nature of the collision, the plaintiff later sought treatment for a multi-level cervical and disc herniation injury, which a chiropractor confirmed. The plaintiff incurred approximately $32,000 in medical bills and subsequently filed a lawsuit seeking damages from the defendant and his employer. The defense argued that the collision was too minor to have caused a compensable injury and that the plaintiff's alleged injuries were pre-existing and unrelated to the incident. An accident reconstruction expert and an orthopedic expert provided testimony for the defense. The case proceeded to a two-day trial focused on causation. The jury ultimately found that the defendant was negligent in the rear-end collision. However, the jury also concluded that this negligence did not cause injury to the plaintiff. Consequently, the jury did not reach a decision on damages, and no judgment had been entered several weeks after the trial concluded.

In January 2013, a vehicle operated by the plaintiff, a pharmacy technician, was rear-ended on Clearview Parkway in Metairie, Louisiana. The collision involved a vehicle driven by a defendant employee of the Louisiana Department of Agriculture and Forestry. The defendant driver initially disputed liability, claiming the plaintiff suddenly changed lanes, while the plaintiff asserted she was waved forward before the impact. A trial court later directed a verdict on liability in favor of the plaintiff. Following the moderate collision, the plaintiff was transported to an emergency room by ambulance. The plaintiff subsequently sought treatment for a C-6 disc herniation, involving two cervical repair surgeries and steroid injections. Medical and economic experts testified that the injury resulted in permanent disability from her job, outlining a life care plan and quantifying its financial impact. A biomechanics expert also discussed the forces of the crash. The plaintiff sought damages from both the defendant driver and his government employer. The defense disputed the extent of the claimed injury, presenting surveillance video of the plaintiff engaged in everyday activities. The case proceeded to a four-day jury trial in Gretna, Louisiana. The jury awarded the plaintiff $520,875 for past medical expenses, $310,000 for future medical care, $55,828 for past lost wages, and $626,642 for future lost earning capacity. Additionally, the jury awarded $400,000 for physical suffering, $400,000 for mental anguish, and $200,000 for loss of enjoyment of life, resulting in a total raw verdict of $2,513,345. The court subsequently reduced the total award in the final judgment to $2,013,345 to comply with a statutory $500,000 cap on non-economic damages in cases against the government. The defendant employer later filed a motion for a new trial.

A motor vehicle accident occurred in Louisiana when a vehicle operated by one individual collided with an automobile driven by the plaintiff. The plaintiff driver allegedly sustained significant injuries, including nerve damage affecting breathing and lungs, requiring immediate cervical surgery. The plaintiff driver's spouse also claimed a loss of consortium. The at-fault driver's insurance paid its $50,000 policy limit, but the plaintiffs deemed this inadequate to cover the extensive losses. The plaintiff driver and spouse then filed an insurance and bad faith and vehicular liability action against Privilege Underwriters Reciprocal Exchange (PURE), their own insurer, in the 24th Judicial District Court, Parish of Jefferson. They asserted claims for negligence, loss of consortium, and breach of the uninsured/underinsured motorist provisions of their policy, alleging PURE failed to tender a fair sum despite receiving extensive medical documentation. PURE removed the case to the U.S. District Court for the Eastern District of Louisiana. PURE denied the allegations, asserting affirmative defenses that included failure to state a claim, failure to mitigate damages, and comparative fault. After a trial, a jury found that the plaintiff driver and spouse had not proven by a preponderance of the evidence that the injuries to the plaintiff driver were legally caused or worsened by the motor vehicle accident. The jury also found that the plaintiff spouse had not proven a sustained loss of consortium. The court subsequently entered judgment in favor of PURE and dismissed the case with prejudice.

A passenger sustained multiple injuries in a rear-end collision in East Baton Parish, Louisiana, involving a 2004 Kenworth tractor and a 2011 BMW. The tractor was owned by Oakley Trucking, Inc., and operated by its driver. The passenger alleged the collision caused headaches, cervical and thoracic spine strain, myospasms, mental anguish, loss of enjoyment of life, and economic losses, among other damages. The passenger filed a vehicular liability and breach of contract action against Oakley Trucking, Inc., its driver, and various insurance entities, including Baldwin & Lyons, Inc., True North Insurance Company, and State Farm. The plaintiff claimed the defendants were negligent in operating their vehicles, specifically for failing to maintain a proper lookout and exercise reasonable vigilance. The lawsuit, initially filed in state court, was removed to the U.S. District Court for the Middle District of Louisiana due to diversity of citizenship and the amount in controversy. The parties later reached a settlement of their claims. Following the settlement, the plaintiff filed a motion to dismiss the action with prejudice, which the court granted.