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EBR Jury Awards 5.4
East Baton Rouge Jury Awards $5.4 Million


An East Baton Rouge Parish jury awarded $5.4 million to a brain-damaged man for injuries he suffered while on the job. The plaintiff’s attorney, Locke Meredith of Baton Rouge, said the plaintiff was working in the plant while a company— ITEQ Tank Services—was testing a three-inch PVC pipe. During the testing, Meredith said the pipe and a metal spigot exploded, sending pieces of debris flying. Some of the flying debris hit the plaintiff in the left forehead, fracturing some bones in his face and causing his brain to bleed, Meredith said. Brain cells in the area of the injury also died, leaving behind a hole in the plaintiff’s brain, Meredith said. During trial, doctors who had evaluated the plaintiff testified that he had been severely injured and that the injuries will remain. “All of the doctors testified that he will never work again and will need someone to care for him for the rest of his life,” Meredith said. The plaintiff was “also rendered childlike,” Meredith said, and will have the mental and emotional capacity of a ten-year old boy. Meredith said that before the trial began, ITEQ admitted it was negligent in the way it tested the pipe and because it did not clear away all people while the tests were being performed.

The trial was held to determine the extent of the plaintiff’s injuries and to award damages, Meredith said. Meredith said he had a choice of venues for the trial because of the location of the companies involved, and he chose East Baton Rouge Parish. The jury awarded the damages after deliberating for about 1 hour and 45 minutes. ITEQ was covered by National Union Fire Insurance Co. of Pittsburgh. Attempts to get comments from John Bay and Emily Greenfield, who represented the insurance company at trial, were unsuccessful on Wednesday. The largest portion of the jury’s award to the plaintiff—$3 million—is to cover future medical and personal-care expenses. The jury also awarded $325,000 for disability and impairment; $325,000 for physical pain and suffering; $325,000 for mental pain and anguish; $71,000 for past medical expenses; $685,390 for lost earnings; and $325,000 for lost enjoyment of life. The jury also awarded $300,000 to the plaintiff’s wife for loss of consortium. Meredith said legal interest in the case continues to accumulate. He estimated it’s currently $1.5 million. State District Judge Mike Caldwell presided over the trial.


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