Lake Charles Jury Finds Negligence But No Injury 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.

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.

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 September 13, 2012, in Pearl River County, Mississippi, when a distracted driver struck a government vehicle. The plaintiff, a county employee, sustained a multi-level disc injury and a mild closed head injury in the incident. Fault for the crash was not disputed by the parties. The plaintiff filed a lawsuit against the driver and two underinsured motorist carriers: Lamorak Insurance, which covered the county vehicle, and GEICO, the plaintiff's personal insurer. While still treating for injuries from the initial crash, the plaintiff was involved in a second collision in July 2014. The driver involved in the first collision later settled, and the case proceeded against the UIM insurers. The insurers' defense focused on the complex causation argument, highlighting the plaintiff's pre-existing cervical disc problems and the subsequent collision. Medical testimony presented conflicting views on whether the plaintiff's ongoing symptoms were directly linked to the first accident, with one treating doctor asserting a causal link and another expressing uncertainty. The case was tried for three days in Gulfport, with damages being the sole issue. A jury found in favor of the plaintiff, awarding $572,314 in economic damages and an additional $650,000 in non-economic damages, for a total verdict of $1,222,314. A judgment was subsequently entered against both underinsured motorist carriers for the full amount.