On September 16th, 17th, and 18th of 2013, a jury trial for liability and damages was held in the 16th Judicial District, Franklin, Louisiana awarding plaintiff, Russell Charles, $384,909.84, plus legal interest.
The case stems from a November 17, 2007 collision in which Mr. Charles was hauling sugar cane traveling south on LA 318 in St. Mary Parish when he was struck by a vehicle that crossed the centerline of traffic. The driver who was cited by police and pled no contest to the traffic charges admitted fault in the accident including in his deposition and courtroom testimony. Despite this fact the insurance company continued to deny Mr. Charles’s claim for approximately six years and offered him $2,500.00 to settle the claim.
During the three day trial, L. Clayton Burgess and David Rutledge, attorneys for the plaintiff, presented evidence clearly demonstrating that the other driver was 100% at fault and the insurance company was liable for damages. The jury agreed and returned an award to Mr. Charles as follows:
Pain and suffering (past and future): $90,000.00; emotional damages (past and future):$40,000.00; medical expenses (past and future): $96,044.84; past lost wages: $103,865.00; loss of enjoyment of life: $25,000.00; and any permanent physical impairment or disability not otherwise taken into account: $30,000.00