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Accident Victim Awarded
Millions
Reprinted From: Morning Advocate,
March 1986
Acadiana Bureau
VILLE PLATTE - A judge here Friday
signed a $2.95 million award for a man who suffered severe brain
damage in a March 1986 accident in northern Evangeline parish.
The victim, David Ardoin, and his
father, R. L. Ardoin, sued the state Department of Transportation
and Development and Jeffrey Whiddon, driver of the car in which
the victim was riding.
State District Judge L. O. Fusilier
ruled that Whiddon and the DOTD were equally liable in the case.
The judge also ruled that the damage award would be a third more,
but the victim had not properly exercised his judgment to
determine that the driver was impaired.
Ardoin’s attorney’s, Jerry McKernan
and Thomas Walker of Baton Rouge, said evidence showed that
Whiddon had been drinking before the accident but there was no
proof he was intoxicated.
The accident occurred on La. 106,
2.1 miles west of Bayou Chicot. Fusilier determined that the
state was at fault for not correcting a pair of curves, located
closely together in the roadway, known as “broker-back curves.”
And the state should have erected signs to warn the public of the
dangerous curves, Fusilier determined.
Walker said his client suffered
extensive permanent brain damage, although he’s not bed-ridden.
The judge concluded that David
Ardoin should receive the maximum of $500,000 in general damages,
$2 million for future medical expenses, $174,203 for loss of
earnings and $284,975 for past medical expenses.
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