Louisiana resident (our client) suffered severe brain injury and despite sufficient proof of loss, and an offer to settle for the 1 million dollar liability limits, the insurance company negligently and in bad faith refused to accept the offer and pay its 1 million dollar liability limits to our client. We therefore tried the case and obtained a 15.5 million dollar judgment against the liability insurance company’s insured’s (the defendants). Thereafter, the defendants assigned their right to sue their liability insurance company for not settling for the 1 million dollar offer when it could have to protect the defendants from the suit. After the assignment the defendants were released from the 15.5 million dollar judgment, and the bad faith suit was filed against the liability insurance company, who ultimately settled for 10.5 Million dollars.
Articles Regarding Case
B.R. CRASH AWARD TOPS $15 MILLION
By: Adrian Angelette
Advocate, March 2003
A jury has awarded a Walker man $15.5 million in damages for brain damage and other injuries he suffered when an 18-wheeler rear-ended his pickup.
The jury awarded another $1 million late Thursday to 29 year-old _______ parents, _______, for loss of consortium with their son after the Jan.4, 2000, accident.
“This is a horribly tragic case,” said Locke Meredith, one of the attorney’s for the family, which sued in state District Court in Baton Rouge. “These were devastating injuries. His life as an adult was terminated. He is like a child that will never grow up.”
_______ now has the mental capacity of an 8-year old, Meredith said. He also suffered paralysis of the right side of his body and injuries to the spine, eyes and shoulder and mouth, according to the plaintiffs.
The $15.5 million award covers future medical expenses and care, loss of enjoyment of life, physical disabilities, lost wages and earning capacity, pain and suffering and other damages.
A hearing will be held to determine how much each of the defendants- Mike’s Trucking Co. of Grosse Tete, Star Insurance Co., Nutmeg Insurance Co., and Twin City Fire Insurance Co. – will pay, Meredith said.
The trucking company’s attorney, James Pate of Lafayette, did not return phone calls Friday for comment on whether the defense will appeal.
Before the trial began, Mike’s Trucking accepted complete responsibility for the accident, according to court records. The trial was held solely to determine damages in the case.
There was no testimony during the trial about what cause the accident, but it appears the truck driver, Dwight Daigle, was not paying attention, said Sean Fagan, another of _______ attorneys.
The plaintiffs claim the truck, which was carrying 28 tons of sand, had defective brakes and also contend the driver was speeding.
Daigle was charged with negligent injuring, driving without a license and careless operation.
According to court records, the injuring and careless operation charges were dismissed, and Daigle paid about $160 in fines and court costs for driving without a license.
Fagan said the accident occurred about 9 a.m. on La. 3034 while _______ was heading to his job at DEMCO. _______ had the left-turn signal light on and was waiting for traffic to clear when the 18-wheeler hit him from behind.
The crash catapulted the pickup into a patch of trees. _______ and a passenger in the pickup, _______, were injured.
_______ also sued Mike’s Trucking and the insurance companies, suffered multiple injuries in the accident, including brain damage, Meredith said. Meredith said the trial in that case is set for April.
By: The Associated Press
Times-Picayune, March 30th, 2003
BATON ROUGE- A jury has awarded $15.5 million in damages to a man who suffered brain damage and other injuries when an 18 wheeler rear-ended his pickup truck.
The jury awarded another $1 million to _______ parents, _______, for loss of consortium with their son after the Jan. 4, 2000, accident.
The $15.5 million award, issued late Thursday, covers _______ future medical expenses and care, loss of enjoyment of life, physical disabilities, lost wages and earning capacity, pain and suffering and other damages.
A hearing will be held to determine how much each of the defendant’s – Mike’s Trucking Co. of Grosse Tete, Star Insurance Co., Nutmeg Insurance Co. and Twin City Fire Insurance Co. - will pay, an attorney for the plaintiffs said.
“This is a horribly tragic case,” said Locke Meredith, one of the attorneys for the _______ family, which sued in state District Court in Baton Rouge. “These were devastating injuries. His life as an adult was terminated. He is like a child that will never grow up.”
_______ now has the mental capacity of an 8-year-old, Meredith said. He also suffered paralysis of the right side of his body and injuries to his spine, eyes, shoulder and mouth, the plaintiffs said.
