$5 Million Settlement

Rear-End Wreck, 18-Wheeler; Multiple Spine Surgeries; $5 Million Settlement

Plaintiff, a 33-year old LPN, was rear-ended by an 18 Wheeler on I-12 in Baton Rouge. The investigating officer failed to identify any signs that the defendant driver was impaired and the defendant employer failed to administer a post accident controlled substance test for five days. The defendants then failed to produce the results of the controlled substance test given five days post accident, claiming the results had been "lost" and the testing facility had gone out of business. Plaintiffs amended their suit and alleged spoliation of evidence and sought punitive damages alleging the defendant driver was under the influence of narcotics at the time of the accident. Through discovery, plaintiff was able to establish that the defendant driver had a history of drug abuse, drug seeking behavior, and on the job drug use. Plaintiff documented that the defendant driver filled prescriptions for more than 4,000 pain pills during the two years he was employed by the defendant trucking company. In the 45 days leading up to the accident, the defendant driver filled prescriptions for 580 pain pills.

As a result of this collision, plaintiff sustained severe injuries to her lumbar and cervical spine. She underwent a single level lumbar fusion and a single level cervical fusion. Plaintiff's lumbar surgery was unsuccessful and she was diagnosed with failed back syndrome. As a result, her doctors recommended she undergo the implantation of a spinal cord stimulator. Plaintiff's past medical expenses totaled $210,000. Defendants contested that plaintiff was permanently and totally disabled, arguing that she had not reached MMI and would be able to perform light duty work.

Defendants sought to mediate the case; however, plaintiff refused demanding the defendants' full $5 Million policy limits. Shortly before trial, the defendant insurers tendered their combined policy limits of $5 Million.

Allen v. Sikes, et al., No. 566,294, 19th JDC, 07/10
Plaintiff's counsel: Richard F. Zimmerman, III, Gordon McKernan, McKernan Law Firm, Baton Rouge
Plaintiff's experts: William George, Pharmacology, New Orleans; William Herster, DOT/FMCSA compliance, Overland Park, Kansas; Dr. Michael Burdine, pain management, Baton Rouge; Dr. Robert Davis, Medical Psychology, Baton Rouge; Stephanie Chalfin, Life-care planning and vocational rehabilitation, Baton Rouge; Randolph Rice, economics, Baton Rouge