In November of 2012, Carrie Marchiafava, 85, parked her car in the parking lot of Casey Jones Supermarket and went inside. When Mrs. Marchiafava returned to her vehicle, she found someone had parked too close to her passenger side door, making it difficult for her to back out.
Store employee William Sarradet attempted to assist Mrs. Marchiafava by backing her car out for her, but left the driver-side door open as he reversed the vehicle out of its parking spot. The open door knocked Marchiafava down and the car rolled over her. According to court records, Mrs. Marchiafava was dragged under the car for a distance. Sarradet then put the car back into drive and accelerated into the parking spot, rolling over Marchiafava again.
Mrs. Marchiafava was taken to a New Orleans hospital where doctors attempted to save her life. She suffered numerous broken bones and her skin was torn away from the tissue in several places. Mrs. Marchiafava underwent multiple surgeries and survived for over a month before succumbing to her injuries.
Nunzio Marchiafava, the son of the deceased, filed a lawsuit in the 24th Judicial District Court in Gretna, seeking damages from the supermarket, Sarradet, and a host of insurance companies. The suit made multiple allegations against the defendants, including negligence, wrongful death, and a survival action.
Nunzio eventually settled with two of the insurance companies, State Farm and Interstate Fire and Casualty, for $1.4 million. The settlement stipulated that it was to be credited against any jury award against the remaining defendants.
At trial, the plaintiff’s attorneys recommended that the jury award a total of $40 million for Mrs. Marchiafava’s extensive damages. However, the jurors awarded only $700,000.00, less than half of the amount necessary for plaintiff to recover any damages in excess of the previous settlement.
Plaintiff’s attorneys have submitted post-trial motions to the court, arguing that the jury committed “irreconcilable and impossible legal error” in rendering its verdict. Specifically, the jury found that the grocery store and its managers did not negligently cause plaintiff’s damages, but also attributed 50% of the fault to those defendants. Similarly, the jury found that Carrie Marchiafava was also not negligent in the accident, but placed her 5% at fault for her injuries and damages.
Due to these apparent contradictions in the jury’s verdict, plaintiff seeks to have Sarradet found to be 100% at fault and to have the damages award increased to an amount that fully accounts for Mrs. Marchiafava’s horrific injuries.
The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm as a result of the negligence of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).