An Ascension Parish jury ordered the State of Louisiana and a negligent driver to pay a father and mother $4.4 million after a truck accident killed two of their children.
In June 2014, 9-year-old Sarai Lanus, 6-year-old Daylon Lanus, their father David Lanus, and several other people were fishing near the side of Bluff Road in Prairieville, when 47-year-old Shawnette Taylor’s UV left the road, slid down a steep embankment, and slammed into the group of fishers. The Lanus children were pronounced dead at the scene, and their father was seriously injured. In the truck accident lawsuit, the plaintiffs claimed that the road’s defective design contributed to the crash, an allegation which the state Department of Transportation and Development flatly denied. The jury disagreed, dividing fault 60-40 between the state and the tortfeasor (negligent actor). Ms. Taylor had argued that David Lanus was responsible for the deaths and another vehicle got too near the center line, forcing her to leave the road to avoid a collision, but the jury disagreed with those contentions as well. [Read more…] about Multi-Milliondollar Verdict In Wrongful Death Case
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The Origins of Duty, Part II
In the 1830s, when the court decided Vaughan v. Menlove, everyday life was not much different than it had been in the 1630s, especially in the rural English countryside. But a hundred years later, the world was a lot different. Inventions like the car and telephone connected people like never before, radio and cinema ushered in a new era of mass communication, and massive industrialization changed the way the economy worked. Perhaps even more importantly for the issues involved in Donoghue v. Stevenson (1932), many people were still traumatized over the events of World War I, because millions of people – combatants and noncombatants alike – had been directly or indirectly killed with little or no regard to their welfare. [Read more…] about The Origins of Duty, Part II
Louisiana Grand Jury Issues Indictment in Fatal Car Accident
Many of the more serious criminal charges filed in Louisiana are often the result of a grand jury indictment. The grand jury decides whether prosecutors have adequate evidence to indicate that a crime occurred and that a specific individual or individuals may have been involved. For example, a 34-year-old woman was recently indicted by a grand jury for vehicular homicide in connection with a fatal car accident that happened in the early morning hours of Nov. 11, 2014.
At approximately 3 a.m. on the morning of the accident, the woman was on Louisiana 23, heading northbound. She lost control of the vehicle, which then left the roadway. When she attempted to get back to the road, she over corrected. This caused the vehicle to flip.
No report was given regarding whether the driver suffered any injuries that night, but she was not alone in the car. When emergency personnel responded to the crash, they discovered that her passenger, a 41-year-old woman, suffered fatal injuries. Authorities suspected that the driver was impaired, and a toxicology test revealed that her blood alcohol level was above Louisiana’s legal limit. This was part of the information provided to the grand jury.
As the woman faces the vehicular homicide charge, she may also face a wrongful death civil lawsuit in connection with this fatal car accident. The surviving family of the deceased passenger retain to right to file such a claim, seeking damages incurred due to the death of their loved one. Documenting to the court that the driver’s negligent actions caused the death of the victim could lead to a monetary judgment for specified financial losses.
Impairment Suspected in Fatal Accident on Louisiana Hwy 2
Accidents caused by drivers who are under the influence of alcohol or drugs are some of the most preventable on the road. By deciding to get behind the wheel of a vehicle while suffering from diminished capacity, impaired drivers put the lives of anyone on or near the roadway at risk. One driver appears to have found this out the hard way in a fatal accident that occurred recently on Louisiana Highway 2.
Troopers with the Louisiana State Police believe he was impaired as he headed east on the highway. As he attempted to negotiate a curve, he reportedly veered into the oncoming lane of traffic. A vehicle already in the westbound lane was not able to get out of the way of the man’s pickup truck. The two vehicles slammed into each other head-on.
The 22-year-old driver of the westbound car survived the crash. However, his 32-year-old passenger suffered fatal injuries in the crash and died at the scene. It is not known what injuries either driver suffered, if any. The 43-year-old pickup truck driver was arrested and taken in for booking. He could face charges of driving left of center, negligent injury (two counts) and homicide by vehicle.
Apart from any criminal proceedings, the injured survivors and the family of the deceased passenger may pursue civil lawsuits against the allegedly impaired driver of the pickup truck in connection with the fatal accident. Any conviction secured by Louisiana prosecutors could be presented as evidence of his negligence in a related civil proceeding. A successfully litigated claim could result in an award of damages that may defray the financial losses that can accompany such adversity.
Fatal Auto Accident Leads to Charges for Lake Charles Woman
Drivers are responsible for everything that happens while they are behind the wheel of a car. When a driver fails to maintain control of his or her vehicle, the potential exists for a serious or fatal auto accident. Anyone in or around the vehicle is at risk when that happens.
A Lake Charles woman placed her passenger at risk when as they traveled west on Louisiana Highway 370. For a yet unknown reason, the woman lost control of her vehicle and careened off the road. The vehicle ended up flipping over in a ditch. The driver was fortunate to avoid any injuries in the crash.
The passenger, however, was not as lucky. Emergency personnel managed to stabilize the 22-year-old man long enough to get him to an area hospital. Unfortunately, hospital personnel were not able to save the man’s life. He passed away because of the injuries he suffered in the crash.
Authorities are still investigating the circumstances surrounding the incident. So far, the woman driving the vehicle, who is also 22 years old, faces charges that include reckless driving and vehicular homicide. She was also cited for not wearing a seat belt.
While the investigation continues, the deceased man’s family is forced to deal with his sudden loss. The family retains the right to file a wrongful death claim against the Lake Charles woman. If prosecutors secure a conviction against the woman for a crime connected to this fatal auto accident, the family may offer proof of that conviction as evidence of negligence in a related civil lawsuit. If a civil court rules that the family has proved negligence, an award of damages may be considered, which could help alleviate any financial burden facing the family due to their loss.