Orthopedic Injuries

The plaintiff, Ellen, was a rural postal carrier traveling on a two-lane state highway near Lake Charles, LA during a rain storm. The legally intoxicated opposing driver with worn tires crossed the centerline and impacted Ellen's vehicle head on. The opposing driver died, and Ellen sustained multiple severe injuries. Troopers at the scene and photographs taken noted pooling of the water due to wheel path ruts on the highway.

Ellen'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, yet failed to repair the defective roadway.

Ellen 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.

Ellen's case settled for $1,250,000 with the DOTD.

Click on an individual picture to enlarge.

Veron, Bice, Palermo & Wilson, LLC
721 Kirby Street, P.O. Box 2125
Lake Charles, LA 70601
Phone: 337-310-1600
Toll Free: 877-300-8680
Fax: 337-310-1601
Map and Directions