Most people are extra cautious when driving near an 18-wheeler truck, but accidents can happen in ways a person cannot always anticipate. That is what happened to Evelyn J. Menard in Baton Rouge in May of 2004, when an 18-wheeler in front of her snagged a wire above the road, which snapped and hit her car. Evelyn’s car went into a spin, and the truck did not stop. As a result, Evelyn had serious injuries to her lower back
Because neither the owner nor the operator of the truck were identified, Evelyn filed a lawsuit against several defendants associated with the wire, including the Parish of East Baton Rouge, communications companies, contracting companies, her insurance company, and the Louisiana Department of Transportation and Development. This is a strategy that is often used in personal injury cases, because in many cases, the fault for an accident cannot be attributed to a single party, and multiple parties can be liable for an injury. In these situations, plaintiffs join multiple defendants in a single suit, and the court will decide whether, based on the facts, the lawsuit should proceed or whether some of these defendants should be dismissed. In this case, the other defendants were dismissed, except for the Louisiana Department of Transportation and Development (“The Department”).
The case went to trial in 2015. The jury found the Louisiana Department of Transportation and Development 100% liable for Evelyn’s injuries. The jury awarded Evelyn a total of $1,642,000, including $500,000 for past and future physical pain and suffering, $150,000 for past and future mental pain and suffering, $327,000 for past medical expenses, $100,000 for future medical expenses, $165,000 for lost wages, $330,000 for future loss of wages, and $70,000 for loss of enjoyment of life. The court signed a final judgment on March 12, 2015 and awarded Evelyn a total of $1,322,000 in damages, including the full $500,000 for general damages. The defendant made a timely filing of judgement notwithstanding the verdict (“JNOV”), which allows a judge to overrule a jury’s decision. However, the court did not grant it.