On November 12, 2020, an Acadia Parish farmer and his employee started a fire in a soybean field bordered by Louisiana Highway 97/Evangeline Highway, a two-lane highway with one northbound lane and one southbound lane. As the fire burned, it created a heavy smoke which blew into the roadway and completely blocked visibility for drivers travelling in both directions. The farmer and his employee admitted in their depositions that they took no precautions to prevent the smoke from obstructing the roadway.
At the time the smoke blocked the view of drivers on La. 97, plaintiff was travelling northbound towards the area of the fire. As plaintiff approached the area, the smoke suddenly became so thick that she could no longer see in front of her and she stopped in the road. At the same time, two cars were traveling southbound towards the area where plaintiff’s vehicle stopped. When the lead car arrived at the area where the smoke blocked her visibility, she stopped suddenly, forcing the following southbound vehicle to cross the centerline and crash head-on into plaintiff’s vehicle.
As the result of the collision, the 32-year old plaintiff sustained injuries to her neck and back. She was taken via ambulance to emergency room with complaints of pain to her entire back, “from neck down to lower back.”
The plaintiff underwent physical therapy which provided temporary relief of the her pain, but the symptoms would return shortly after she completed the therapy sessions. Following her initial course of PT, it was recommended that she undergo cervical and lumbar epidural steroid injections, which also failed to give her significant relief even when repeated for a second time. Ultimately, her doctor recommended and performed a two-level anterior cervical disc fusion at C5-6 and C6-7.
At defendants’ request, the parties attempted to mediate the case in 2023, shortly after surgery was recommended. The mediation was unsuccessful, as defendants’ top offer at mediation was $150,000.00. Following the failed mediation, plaintiff submitted to an IME and the IME doctor agreed with both the surgery recommendation and medical causation.
After plaintiff underwent the recommended surgery in January 2024, defendants resumed negotiations and ultimately paid their full policy limits of $1,000,000.00. In addition, plaintiff recovered the full policy limits from the liability carrier for the driver who hit her head-on and her own UM policy limits.
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 because of the fault 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).