Louisiana Lawyer Blog18-Wheeler Failed to Check For On-Coming Traffic
On August 5, 2022, a Western District of Louisiana jury awarded $3,000,000 in a rural tractor-trailer crash and assigned 100% liability to US Xpress and its driver.
On February 14, 2018, a scaffolder was on his way to work early in the morning fog on U.S. 190 approaching the intersection of inferior LA 26. At the same time, an 18-wheeler was stopped at the stop sign on LA 26 waiting on another vehicle to pass on U.S. 190. However, as plaintiff approached the intersection, the truck pulled out directly in front of plaintiff, blocked his lane of travel, and caused plaintiff to slam into the trailer near the rear tandem wheels. US Xpress alleged that the plaintiff was speeding, inattentive, and failed to brake timely.
Plaintiff suffered a severe cut to his right, little finger that led to amputation of the finger. Plaintiff underwent surgeries to his right finger, neck, and back, and continues to suffer from headaches and associated psychological injury.
At the time of the incident, plaintiff was working as an industrial scaffolder to support himself and his extended family, and he lived an active lifestyle. The combination of plaintiff’s injuries has left him totally disabled from his previous employment.
Defense asked the jury for a verdict of $0 to $429,000. After a five-day trial, a jury returned a plaintiff’s verdict and awarded $293,108 in past medical expenses; $500,000 in future medical expenses; $125,000 in past wages; $241,000 in future wages; $690,892 in past and future physical pain; $400,000 in past and future mental pain; $250,000 in loss enjoyment of life; and $500,000 in disfigurement. With judicial interest totaling about $512,240.00, the total judgment is over $3,500,000.00.
WB v. Mountain Lake Risk, US Xpress, et al., No. 6:19-cv-0056, Western District of Louisiana, 8/5/2022.
Plaintiff’s counsel: Blake R. David and Reed K. Ellis, Broussard, David & Moroux; Clyde Simien, Simien & Miniex; Lafayette
Plaintiff’s experts: Dr. David Muldowny, orthopedic surgery, Lafayette; Dr. Darrell Henderson, plastic surgery, Lafayette; Dr. David Weir, neurology, Lafayette; Jensen Bergeron, counseling, Lafayette; Larry Stokes, PhD., vocational rehabilitation, and life care planning, Metairie; John Theriot, economics, Metairie.