Louisiana DOTD Found Negligent in $2.6 Million Award
Abstract:A Louisiana Court of Appeals found in favor of a motorist who became an irreversible quadriplegic as a result of a collision at an intersection which was under reconstruction. The Court found the State of Louisiana negligent for failing to properly install a traffic signal at a hazardous site, made more hazardous by the overpass construction underway at the time of the accident. As part of a $2.6 million judgment, the plaintiff’s award of $1.25 million for pain and suffering was found to be proper.
The trial judge found the DOTD liable in its failure to monitor the intersection properly and in its consequent failure to install a stop-go signal, which he found to be the proximate cause of Hatcher’s injuries. The state appealed this ruling and claimed the damage award was excessive. The Court of Appeals agreed and affirmed the trial judge’s assessment of liability and found the damages awarded to Hatcher proper.
Publication Date: March 1999
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Topics: Court Decisions; Crash Causes; Crash Reports; Tort Liability