Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Drunk driving damages

January 17, 2011 | by Broussard, David & Moroux

In Louisiana, a plaintiff may only recover exemplary damages if expressly authorized by Louisiana law. Exemplary damages are more commonly referred to as punitive damages and are imposed on a defendant in addition to general and compensatory damages. Louisiana Civil Code article 2315.4 expressly permits victims of drunk driving to recover exemplary damages in addition to general and special damages against their tortfeasor (individual allegedly responsible for the harm) if the individual acted with wanton or reckless disregard for the rights and safety of others. These damages are punitive in nature and are primarily designed to punish the tortfeasor.

Generally, Louisiana courts provide juries with great discretion in determining the appropriate award of exemplary damages. In Louisiana, the imposition of exemplary damages serves a threefold purpose: punishment, specific deterrence and general deterrence. First, the law seeks to punish the tortfeasor for his wanton or reckless behavior through the imposition of a monetary penalty. Second, the law seeks to use this monetary penalty as a means of specifically deterring the individual tortfeasor from driving while intoxicated in the future. Third, the law seeks to generally deter society from engaging in similar reckless conduct by using the tortfeasor as an example of the consequences of drunk driving.

In assessing exemplary damages, the jury considers all of the facts and circumstances of the case, including the extent of harm caused by the tortfeasor’s misconduct, whether the tortfeasor acted in good faith, whether the misconduct was isolated or part of a broader pattern, and whether the tortfeasor behaved recklessly or maliciously. In Louisiana, the jury may also consider the wealth of the tortfeasor in appropriate circumstances in order to accomplish the objectives of exemplary damage.

A defendant may appeal an award of exemplary damages by claiming that the award violated his constitutional right to due process or that the award was excessive. The Louisiana Supreme Court addressed the issue of excessive exemplary damages in Mosing v. Domas, 830 So. 2d 967 (La. 2002), when a defendant appealed a $500,000 award in exemplary damages. In Mosing, the intoxicated defendant struck the plaintiff’s vehicle when fleeing the scene of another collision he had caused. Id. at 970. The defendant also had numerous DWI arrests and was driving with a suspended license at the time of the two accidents. Id. On appeal, the Louisiana Supreme Court upheld the $500,000 award, explaining that punitive damages are based on the defendant’s motive and conduct in committing the tort, not the plaintiff’s injury. Id. at 978¬80.

Injured Offshore Worker Awarded $3M in Settlement

January 10, 2011 | by Broussard, David & Moroux

Offshore worker employed by flare boom installer suffered injuries after the flare boom he was working on collapsed sending him falling 110 feet from a jack-up rig into the Gulf of Mexico. Discovery revealed that jack-up rig welder ignored installation instructions of the flare boom company and improperly welded the base plate of flare boom. Also, the rig crane operator violated rig policy by allowing worker to walk on the flare boom without being tied off.

As a result of his fall into the Gulf of Mexico, Plaintiff suffered severe depression, head injury, PTSD, fractured ribs, broken left ankle with surgery, and instrumented two-level lumbar fusion surgery. He was disabled from offshore employment. Case brought in Iberia Parish and resolved for a combined $3,000,000.00.

Broussard, David & Moroux represented the injured worker and secured compensation for his severe injuries.

Louisiana Ban on Texting While Driving

January 3, 2011 | by Broussard, David & Moroux

During the last legislative session, Louisiana lawmakers upgraded the existing law prohibiting text messaging to “primary enforcement status.” This means that law enforcement can now stop and cite violators if the officers observe someone texting while driving. The current law is as follows: text messaging is banned for all drivers and drivers under 18 years old may not use any wireless devices while driving.

While it remains to be seen how this new law will be enforced and to what extent this enforcement will ultimately diminish the unsafe usage of cell phones while driving, it is clear after taking the short drive from my house to work that too many drivers are doing too much to take their attention off the road. One consequence of the legislature’s anti-texting bill may be its effect in helping prove another party’s negligence in a personal injury cases. Although Louisiana courts have rejected the concept that a violation of a statute necessarily renders a defendant liable to a plaintiff, if you suffer damages as a result of another party “texting” at the wheel, the new statute can still come into evidence and go towards persuading the jury that the defendant who injured you was negligent.

Lake Charles Jury Awards $10.8M in Wrongful Death Trucking Case

December 27, 2010 | by Broussard, David & Moroux

A Calcasieu Parish jury awarded a total of $10,800,240.35 in a wrongful death trucking accident case. That sum included a $5,000,000.00 exemplary damage award, $2,000,000.00 for each parent for the loss of their only child, $1,395,956.06 for the injuries to the mother, $142,558.59 for the injuries to the father, and $250,000.00 for the child’s survival damages. Blake R. David at Broussard, David & Moroux was lead trial counsel in the 14th Judicial District Court in Lake Charles.

The evidence at trial proved that on March 5, 2006, a G.B. Boots Smith Corporation tractor-trailer operated by Brian S. Montgomery was traveling northbound on LA 27 in Calcasieu Parish, ran a red light, plowed into the family vehicle outside of the intersection, and continued another 250 feet after the accident. The jury found that Montgomery was impaired while under the influence of crystal methamphetamine and marijuana (based on test results from Louisiana State Police Crime Lab). Dr. Joseph Manno (toxicologist) explained the jury how the negative DOT drug test taken after the accident was “diluted”. Discovery revealed that Montgomery failed two other crystal meth tests with another employer. Accident reconstructionist Mike Gillen testified that Montgomery had over 1300 feet (and over 11 seconds) to stop his vehicle before the impact.

This carnage resulted in the death of a child (age 2) and severe injuries to her mother (in the hospital for about a month and missed her daughter’s funeral). Eyewitness testimony revealed that the two-year-old suffered after the accident. Her death left the parents, who were married and in their early 20s at the time of the accident, childless. Due to a prior condition of the mother, the parents are physically unable to have any more children.