Accident Victim’s Children Awarded Over $1 Million

Reprinted From: Morning Advocate, July 30, 1986
By: Pam Folse, Advocate Correspondent

CONVENT - A St. James Parish Jury on Tuesday awarded more than $1 million in compensatory and exemplary damages to the two adult children of a Vacherie couple killed in a car accident that occurred at a Vacherie intersection.

Carroll J. Levet and his wife Pearl Torres Levet were fatally injured in an accident at the intersection of La. 20 and La. 3127 on June 27, 1985. The Levets were headed west on La. 20 at its intersection with La. 3127 on their way to a funeral when their car was struck by a truck headed south on La. 3127.

The driver of the truck, Daryl A. Richoux, also was killed in the accident.

Richoux's two passengers received minor injuries. The three were returning home in a company-owned vehicle after completing a hitch on a tugboat in and around the port of Baton Rouge.

Authorities later learned that Richoux had not had much sleep prior to the accident, and that he and the other men had consumed several cans of beer on their way home. Richoux, who had driven through the area several times before, ran the stop sign and the blinking red light at the intersection. He also was found to be driving at an excessive rate of speed, on the wrong side of the road and under the influence of alcohol.

As a result of the accident, Kenneth Levet and Carol Ann Levet Lassere, filed suit Sept. 27, 1985, against the owner of the truck, Calais and Sons Inc., the company's insurer, Acceptance Insurance Co., and the state of Louisiana.

Prior to the beginning of the proceedings in 23rd Judicial District Court in Convent Monday, the plaintiff had dismissed the state of Louisiana because it was found not to be at fault.

Also prior to trial, the defendant admitted to faults of liability.

In their suit filed in September, the plaintiffs requested $600,000 each in damages for loss of love, affection, companionship and guidance, emotional suffering, depression and sadness. They also sought $1 million each in exemplary damages.

Exemplary damages were allowed by the state Legislature two years ago for cases where wanton or reckless disregard for other people or property is proven.

In his closing address to the jury, J. J. McKernan, attorney for the plaintiffs, asked for a total of $600,000 for each in compensatory damages, $500,000 each in exemplary damages, and funeral expenses totaling $9,182.66.

The jury awarded $450,000 each in compensatory damages, $100,000 each in exemplary damages and all funeral expenses. The jury of five men and seven women deliberated for an hour before returning the verdict.

Another serious accident occurred at the same intersection about a month after the Levet accident, and a group of Vacherie residents began a petition drive to have a traffic light installed at the intersection.

One week after the petition drive began on Aug. 2, 1985, a light was installed and operating at the intersection.

A computer printout obtained Tuesday from the St. James Parish Sheriff's Office gave the case number, date and other information regarding any accident that the department responded to at the intersection since April 1984.

There were a total of 27 accident records processed, according to the information obtained. Prior to the date the light was installed, 23 accidents occurred at the intersection, including the triple fatality. Since the light was installed, only four minor accidents have occurred.

Return to verdicts and settlements.