Highway Defect Verdict

Highway Defect Verdict

The Louisiana 1st Circuit Court of Appeal affirmed a $2 million jury verdict in a case that alleged a defective state highway contributed to a wreck in which an 18-year-old woman was killed.

The victim, who was a passenger in her boyfriend’s vehicle, was traveling home on Hwy. 411 from New Roads to her parents’ house. Within minutes of crossing U.S. Hwy. 190 and approximately one mile from the victim’s home, the vehicle, which was traveling at 40 mph, left the road to the right and encountered a drop-off.

As the driver attempted to re-enter the travel lane, he overcorrected. The car crossed the road and slammed into a tree. The young woman died as a result of the wreck.

We filed suit against the state on behalf of the victim’s parents, alleging that defective highway design and maintenance contributed to their daughter’s death. Louisiana Department of Transportation and Development’s (DOTD) maintenance records showed that no shoulder maintenance was performed on the highway for years before the wreck.

The jury found the state 70 percent at fault and driver 30 percent at fault and awarded each of decedent’s parents $1 million for the loss of their daughter.