Articles Posted in Robert B. Brahan

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.”

On April 2, 2021, an rental company employee parked his 18-wheeler on the right shoulder of Eraste Landry Road in Lafayette so that he could retrieve a forklift located down a private driveway off the right side of the road. His intent was to pull the forklift onto Eraste Landry Road, drive on the roadway to the back of his 18-wheeler, and load the forklift onto the flatbed trailer of his 18-wheeler.

When the 18-wheeler driver got to the end of the driveway and prepared to make a left hand turn onto the roadway, his 18-wheeler blocked his view of oncoming traffic and prevented approaching vehicles from seeing the forklift. Ignoring his obstructed view and without providing any warning to approaching drivers, he pulled the forklift onto Eraste Landry and crashed into the passenger side of plaintiff’s vehicle. Following the initial impact, our client crashed into a street sign and skidded to a stop on the side of the road.

As the result of the collision, our 41-year-old client suffered injuries to his cervical and lumbar spine including bulging discs at C3-4, C4-5, and C5-6 and a herniation at L4-5. Our client’s initial treatment included chiropractic care, physical therapy, and prescription medication that failed to resolve his symptoms. By April 2022, his treating doctors told him that he had two treatment options going forward: epidural steroid injections and surgery. 

On January 28, 2017, plaintiff was T-boned by a Lafayette police officer who pulled out of the parking lot at Our Lady of Fatima Church on Johnston Street in Lafayette, crashing into the side of plaintiff’s pickup truck. Prior to trial, the parties stipulated that the defendant police officer was the sole legal cause of the subject collision and that he was in the course and scope of his employment with Lafayette City-Parish Consolidated Government at the time of the collision.

As the result of the collision, the 29-year-old plaintiff suffered injuries to his cervical and lumbar spine including annular fissures at C4-5 and C5-6, a central disc protrusion at C6-7, disc bulging at L3-4 and L4-5, as well as a disc protrusion and fissure at L5-S1. Plaintiff’s pre-trial treatment included three (3) rounds of cervical steroid injections and two (2) rounds of lumbar injections. In 2019, plaintiff’s treating spine surgeon recommended that plaintiff undergo total disc replacement at C6-C7 and an anterior lumbar interbody fusion at L5-S1.

Plaintiff, a father of six, continued to work through his pain following the collision so that he could support his family. At trial, the defense attempted to downplay plaintiff’s injuries using job descriptions which indicated he was required to perform heavy lifting at work and testimony from his supervisors confirming those job descriptions. Plaintiff testified the job descriptions did not accurately reflect the actual work he was required to perform at those jobs and on cross-examination, plaintiff’s supervisors were forced to admit that they had never actually observed him perform any heavy lifting after the accident.

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