A south Louisiana jury awarded a Sulphur couple more than $10 million in damages and $5 million in punitive damages for the death of their 2 year old daughter who was killed in a 2006 truck crash. The driver of the 18-wheeler truck was using methamphetamines and marijuana when he ran a red light colliding with the family’s vehicle. The jury found the Mississippi employer of the driver negligent for hiring him as an employee despite his having failed two prior drug tests, caused four other accidents and a history of traffic citations including driving on the wrong side of the road, leaving the scene of an accident, speeding and careless operation.
Punitive damages are allowed under Louisiana law only in limited situations including driving while intoxicated. The jury agreed that the driver of the 18-wheeler, who walked away from the crash uninjured, acted in wanton and reckless disregard for the safety of others and was responsible for the parents’ injuries and the death of their young daughter, all of whom had to be extricated from their demolished family vehicle. The jury’s verdict, including the punitive damage award, was totally appropriate for the terrible loss this family endured as the result of the actions of a driver who should never have been behind the wheel of an 18-wheeler truck.
Richard J. Arsenault, 2011
