Cervical Spine Injury Verdict

Cervical Spine Injury Verdict

Our client, a 31-year-old woman, was driving 33-year-old Jimmy Thomas to work when she turned onto a highway as was struck by a Baton Rouge police cruiser traveling at a speed between 70 and 88 mph.

Multiple signs at a gas station that was on the corner of the street from which our client was turning blocked her view. She was killed in the wreck. Mr. Thomas suffered a broken left femur, AC separation of his left shoulder and secondary injuries. Our client’s 7-year-old daughter, who also was a passenger, suffered a cervical spine injury.

On behalf of these victims, the firm filed suit against the City of Baton Rouge, the service station and the station’s insurer, alleging violations of the city’s sign ordinance, negligence in blocking the intersection and speeding by the policeman.

At trial, the jury found for our clients and placed 80 percent of the fault on the gas station and 20 percent on the policeman.

The jury’s award of $2 million to our client’s daughter included $16,000 for past medical expenses; $28,000 for past and future physical pain and suffering; $28,000 for past and future mental pain, anguish and distress; $28,000 for past and future loss of enjoyment of life; $1.5 million for her mother’s death; $6,000 for funeral expenses; $244,000 for loss of consortium; and $150,000 for loss of financial support.

Mr. Thomas received $960,000, which included $125,000 for past medicals; $75,000 for future medicals; $100,000 for past lost wages; $400,000 for loss of future earning capacity; $65,000 for past, present and future mental pain and anguish; $65,000 for past, present and future loss of enjoyment of life; and $65,000 for past, present and future loss of enjoyment of life. Jury also awarded Thomas’ child $40,000 for loss of consortium.