Motor Vehicle Accident Results | Veron, Bice, Palermo & Wilson, LLC

Motor Vehicle Collision with Front End Loader following Ice Storm

Johnny Cobb was injured as a result of an accident between his vehicle and a front-end loader engaged in removing debris related to a 1997 ice storm in Lake Charles. A jury found in favor of the Johnny, apportioning fault between the operator of the front-end loader, a contractor for whom the driver was found to be a borrowed employee, and the primary contractor performing the work for the City of Lake Charles.

Factual and Procedural Background

Waste Management of Louisiana, LLC entered into a contract with the City of Lake Charles to remove debris associated with a January 1997 ice storm. Because Waste Management did not have the necessary employees and equipment, it engaged Delta Exports, Inc. to perform the required work. Delta Exports then engaged Jack Gibson d/b/a J & P Logging to undertake the clean-up. The accident occurred on February 7, 1997, as the process was underway. Johnny Leroy Cobb, the plaintiff, was traveling to a business appointment via Louie Street and saw a crew removing debris on the street. The accident occurred when Johnny tried to pass the work crew's front-end loader. The loader, driven by James Wright of J & P Logging, backed into his car. Johnny became nauseated and felt that he was in "shock" immediately after the accident, but that the pain increased over the subsequent weekend. Johnny reported to his physician on the Monday following the accident and began a continuous course of treatment for back and neck complaints. He eventually underwent several surgeries, including a lumbar fusion and a cervical fusion. Mr. Cobb maintains that he had to quit working within a few days of the accident and has been unable to return. He contends that he continues to experience pain and that, in addition to being unable to work, his daily activities have been curtailed. Mr. Cobb filed suit, naming as defendants the City of Lake Charles, Waste Management, Delta Exports, Jack Gibson d/b/a J & P Logging, and the driver of the front-end loader, James Wright. Delta Exports' insurer, Penn-America Insurance Company was also named as a defendant. Summary judgments were originally entered in favor of the City of Lake Charles, Waste Management, and Delta Exports, but were reversed on appeal. See Cobb v. Delta Exports, Inc., 03-33 (La.App. 3 Cir. 6/4/03), 847 So.2d 739,writs denied, 03-1906 (La.10/31/03), 857 So.2d 483, 03-1936 (La.10/31/03), 857 So.2d 485. After the matter proceeded to trial, a jury found that Mr. Wright, Delta Exports, and Waste Management were at fault in causing the accident. The plaintiff, Jack Gibson d/b/a J & P Logging, and the City of Lake Charles were found not to be at fault. Mr. Wright was also found to be the borrowed employee of Delta Exports. The jury apportioned 25% of the fault to Mr. Wright, 25% to Delta Exports, and 50% to Waste Management.

Result: After the judgment was upheld by the Louisiana Supreme Court, the total judgment was $3,614,377.74. The total payment due to lack of total coverage for Delta Exports was $3,452,816.61.

Motor Vehicle Collision Due to Defective Roadway

Plaintiff was a rural postal carrier traveling on a two lane state highway near Lake Charles, LA during a rain storm. A legally intoxicated opposing driver with worn tires crossed the centerline and impacted the plaintiff's vehicle head on. The opposing driver died, and plaintiff sustained multiple severe injuries. Troopers at the scene and photographs taken noted pooling of the water due to wheel path ruts on the highway. Plaintiff's accident reconstruction expert surveyed the scene shortly after the accident and collected data from the roadway and the two vehicles. The investigation revealed that there was considerable rutting over a long length of roadway that would have been traversed by the opposing driver. This rutting was sufficient to allow water to pool to some depths that were in excess of the State's standard. The DOTD had noted the ruts in a routine inspection months before the accident, but failed to repair the defective roadway. The plaintiff underwent multiple orthopedic procedures. Surgery included fixation of the left femur, rodding of the left tibia, double plating of the left ulna, a third plate fixed on the radius, a reduction of the talus, tibia and fibula and fusion of the tibia and fibula.

Result: Case settled for $1,250,000 with DOTD.

Accident scene photos

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