Representative Cases
$500,000.00 SETTLEMENT FOR ONE LEVEL CERVICAL FUSION
In Robert Chaisson v. Johnny C. Levine and Ambar Drilling Fluids, LP, Docket Number: 86471-G, 15th Judicial District Court, Vermilion Parish, Louisiana, Joseph F. Gaar, Jr. obtained a $500,000.00 settlement, plus payment of all property damages for injuries the plaintiff received from an intersectional automobile accident that resulted in a one level cervical fusion surgery. In this case, Mr. Chaisson was driving his vehicle in Abbeville, Louisiana when he was struck by Johnny C. Levine, who was driving an Ambar company truck and who had made a sudden unanticipated left hand turn directly in front of Mr. Chaisson's vehicle. As a result of the accident, Mr. Chaisson engaged in conservative medical treatment which consisted of physical therapy, medication and epidural injections. After a year, these treatments did not relieve Mr. Chaisson's neck complaints and his treating physician, Dr. Patrick Juneau performed a one level cervical fusion which allowed Mr. Chaisson to return to work three months following the surgery. Mr. Chaisson's employer made work accommodations that allowed him to return to "sheltered" employment at the same wage rate. The defendants argued that Mr. Chaisson did not sustain a loss of future earning capacity due to his quick return to work as a respiratory therapist, in the same exact job, making the same exact wages as he was making before the accident. Mr. Gaar convincingly argued to the defendant's claims adjuster that even though Mr. Chaisson returned to work, he had a diminished earning capacity that could result in future economic losses if Mr. Chaisson were to lose his sheltered employment.
$4.25 MILLION JURY VERDICT FOR PAINTER WITH ELECTROCUTION/BURN INJURIES
In Willie Caldwell v. Entergy Corporation, Docket Number: 22,830, 23rd Judicial District Court, Assumption Parish, Louisiana, Joseph F. Gaar, Jr. successfully litigated an electrocution and burn case, which resulted in a $4.25 million verdict in favor of the plaintiff. Mr. Caldwell received second and third degree burns over 60% of his body, as a result of coming into contact with a 10,000 volt un-insulated electrical line. At trial, Mr. Gaar established that Entergy was in violation of the National Electrical Safety Code applicable to Mr. Caldwell's accident, and was able to convince a jury to award his client $4,250,000.00 in damages.
$2.8 MILLION SETTLEMENT FOR LOW BACK INJURY FOR OFFSHORE WORKER
In John R. Thibodeaux v. J.M. Huber Corporation, et al., Docket Number CV 02-2488, United States District Court, Western District of Louisiana, Lafayette Division, Lafayette Parish, Louisiana, Joseph F. Gaar obtained a $2.8 million settlement for an offshore worker who was injured in a personnel basket transfer accident. In this case, Mr. Thibodeaux was being offloaded from a fixed offshore platform on a personnel basket when the accident in question occurred. Mr. Thibodeaux alleged that the accident occurred when the crane operator, who was insufficiently trained, negligently placed the personnel basket onto the railing of the offshore crew boat onto which he was transferring. When the crane operator realized that he had negligently set the personnel basket down on the crew boat rail, he swung the crane, causing the personnel basket to crash and collapse on the rear deck of the offshore crew boat vessel, M/V EVERREADY. Plaintiff filed suit alleging negligence and fault against the crane operator and his employer, as well as the crew boat captain and owner of the M/V EVERREADY, under the Admiralty and General Maritime Law. As a result of the accident in question, Mr. Thibodeaux underwent an anterior interbody lumbar fusion at L5-S1, which ultimately was unsuccessful and resulted in failed back syndrome. Mr. Thibodeaux additionally underwent surgery for the implantation of a dorsal column simulator. At the original mediation, Mr. Gaar rejected a $1.3 million settlement offer by the defendants due to Mr. Thibodeaux’s continuing low back complaints. Following the placement of the dorsal column simulator, Mr. Gaar was ultimately successful at a second mediation in settling Mr. Thibodeaux’s claims for $2.8 million.
$1.5 MILLION SETTLEMENT FOR FALL OCCURRING AT WORK RESULTING IN CONTROLLED SEIZURE DISORDER
In a confidential settlement, Jason M. Welborn and The Gaar Law Firm obtained a $1.5 million settlement, following mediation for a head injury, which resulted in a controlled seizure disorder. The plaintiff was employed at a pipe yard, and while working for his employer, he was required to traverse a dilapidated roof. While moving from one location to another, he was required to remove his safety harness from the existing life lines, in order to relocate to a new position. While in the process of relocating, he fell through a weak spot in the existing roof, suffering a concussion, a broken hand, and two broken ribs. Over the next few months, the plaintiff developed a seizure disorder, which caused him to have epileptic episodes on an occasional basis. The plaintiff's seizures were effectively controlled with a combination of medications, avoiding the necessity for brain surgery. Through diligent discovery and litigation efforts, Mr. Welborn and The Gaar Law Firm were able to successfully convince the defendants that the accident fell outside of the Workers' Compensation immunity, and entitled the plaintiff to a recovery. More importantly, Mr. Welborn and The Gaar Law Firm were able to successfully overcome the 1% comparative fault rule in Alabama. To explain, in Alabama, if a person is 1% responsible for their injuries, then they are not entitled to recover any amount. Through diligent litigation efforts, The Gaar Law Firm was able to convince the defendants that the plaintiff would not bear even 1% responsibility, despite the fact that he had untied from one life line, in order to move to a second life line. At mediation, Mr. Welborn was able to convince the defense attorneys that they faced substantial exposure, even though the 1% rule would deny the plaintiff recovery if proven. The $1.5 million recovery was a lump sum settlement for all damages incurred by the plaintiff.
$1.3 MILLION SETTLEMENT DURING TRIAL FOR WORK ACCIDENT RESULTING IN DEATH
In Rebecca G. Duncan v. Venture Transport, Inc., Docket No. 03-12-09910, 293rd Judicial District Court, Dimmit County, Texas, Joseph F. Gaar, Jr., together with Texas attorneys, Glenn Diddel, Claudio Heredia and Rolando Jasso, were able to secure a $1.3 million settlement for Rebecca Duncan, whose husband was killed as a result of an industrial accident following nearly two weeks of trial testimony. In that case, Rebecca Duncan’s husband, Butch Duncan, was killed while loading a burnt workover rig onto a lowboy trailer. The accident occurred when the defendant and his co-workers were lifting the rig in question by its “headache rack” which was not designed to support the 20 ton rig. Mr. Duncan was killed when the headache rack separated from the rig and fell, crushing Mr. Duncan. Mrs. Duncan, who also was a truck driver escort was present and witnessed her husband being killed. The defendant’s primary argument was that Mrs. Duncan’s husband was an “employee” of Venture Transport and thus only entitled to workers’ compensation benefits. Mrs. Duncan had previously been to see another attorney who had her file for approximately six months and advised her that she “did not have a case” and returned her file materials to her. Mrs. Duncan came to see Mr. Gaar who took her case and filed suit in Texas. Mrs. Duncan rejected a $300,000.00 settlement offer by the defendants during mediation and proceeded to trial. The Gaar Law Firm, together with Mr. Diddel, Mr. Heredia and Mr. Jasso, were able to successfully force the defendants to ultimately come up with 1.3 million to settle the case after nearly two weeks of trial testimony and before Mrs. Duncan was to take the witness stand.
$1,180,000.00 MILLION SETTLEMENT FOR AUTO ACCIDENT REQUIRING SPINAL SURGERY
In Clay Mouton v. Willis Provost Transportation Company, Inc., Docket Number 00107070, 16th Judicial District Court, Iberia Parish, Louisiana, Jason M. Welborn settled an auto accident case, resulting in spinal surgery for $1,180,000.00, representing the policy limits of the underlying defendant’s insurance policy. Mr. Mouton was injured when he was traveling La. Hwy. 343, during the time when farmers were burning their cane fields. The defendants in this matter had lit a cane field fire, to burn off cane residue, following the harvest season. The defendants lit the fire, and then left the scene of the fire, which allowed smoke to accumulate and obscure vision, for traffic traveling on La. Hwy. 343. Unfortunately, an 18 wheeler, owned by one of the defendants entered the smoke bank, and then stopped within the smoke bank. As Mr. Mouton entered the smoke bank, he crashed into the rear of the stopped 18 wheeler, and was subsequently rear-ended by another vehicle. Jason M. Welborn and The Gaar Law Firm filed suit against the farmer lighting the fire, the 18 wheeler stopping, and the rear-ending vehicle. During the course of the trial, Mr. Welborn successfully established coverage under the farmer’s farm liability policy through Motions for Summary Judgment. After winning the issues of coverage, the defendants had no choice, but to tender their entire policy limits of $1,180,000.00, to compensate Mr. Mouton for his injuries. Mr. Welborn successfully convinced the defense attorney that it was necessary to tender this $1,180,000.00 policy limits, to avoid the potential for an excess judgment against their insured. The defendants elected this path, rather than proceeding to trial.
$1,015,000.00 MILLION SETTLEMENT FOR AUTO ACCIDENT WITH SINGLE LEVEL LUMBAR SURGERY
In Ronald Joseph Guidroz, Jr. v. Guy’s Towing Service, Inc., Insurance Corporation of Hannover and Joleen A. Miller, Docket Number: 99493-G, 16th Judicial District Court, Iberia Parish, Louisiana, Joseph F. Gaar, Jr. settled a single level lumbar surgery case for defendants $1,000,000.00 policy limits plus plaintiff’s UM and med-pay coverage of $15,000.00. Mr. Guidroz was injured when a tow truck, owned and operated by Guy’s Towing Service, Inc., ran a red light and collided with Mr. Guidroz’s vehicle. As a result of the collision, Mr. Guidroz suffered a recurrent herniated disc in his lumbar spine. Prior to this accident, Mr. Guidroz had prior lumbar surgery, and had successfully returned to work. Although Mr. Guidroz had a successful lumbar surgery, his continuing complaints of pain led to him having a second surgical procedure to insert a dorsal column stimulator. In analyzing the damages available to Mr. Guidroz, Joseph F. Gaar, Jr. successfully convinced the defense attorney that it was necessary to tender their $1,000,000.00 policy limits to settle Mr. Guidroz’s claim, thus avoiding a potential excess Judgment against Guy’s Towing Service. The defendants tendered their entire $1,000,000.00 policy limits, rather than proceed to trial.
$965,000.00 SETTLEMENT FOR AUTOMOBILE ACCIDENT WITH SINGLE LEVEL LUMBAR SURGERY
In Robbie Dale Harrington v. A N.E.W. Rock Company, Inc. and Bituminous Casualty Corporation, Docket Number 2005-1098, 15th Judicial District Court, Lafayette Parish, Louisiana, Joseph F. Gaar, Jr. successfully settled a single level lumbar surgery case with the defendants for $965,000.00. In this case, Mr. Harrington was injured when he and his wife had stopped due to a flat tire. Mr. Harrington and his wife had pulled over onto the shoulder of I-10 and were awaiting assistance when Mr. Harrington, who had returned to his vehicle to retrieve a pack of cigarettes, was rear-ended by a drunk driver. Mr. Gaar was successful in establishing that this was the defendant driver’s fourth DWI offense and prosecuted the criminal charges against the defendant driver prior to initiating civil proceedings. After successfully prosecuting the defendant on the DWI charges, Mr. Gaar was successful in taking off actual testimony and conducting all preliminary work in building Mr. Harrington’s case prior to the filing of a lawsuit. As a result of the accident in question, Mr. Harrington underwent a single level instrumented lumbar fusion surgery. Since settlement, Mr. Harrington has returned to work.
$950,000.00 SETTLEMENT FOLLOWING TRIAL FOR OFFSHORE CREW BOAT COLLISION ACCIDENT RESULTING IN SINGLE LEVEL CERVICAL FUSION
In Donnie Sanders v. Contractors, Inc. and Harvest Oil Company, Civil Action Number 6:06 CV 1983, United States District Court, Western District of Louisiana, Opelousas-Lafayette Division, Mr. Joseph F. Gaar, Jr. obtained a $950,000.00 settlement, following a two day trial, for injuries Mr. Sanders sustained while riding as a passenger in an offshore crew boat, which struck a submerged sandbar. At the time of this accident, Mr. Sanders was an employee of TCB Industries, Inc. and was working as an offshore welder. Mr. Sanders was injured, while he and other crew members were being transported in a 32' crew boat, which was being piloted by an employee of Contractors, Inc. Following suit being filed, The Gaar Law Firm was able to uncover information, which indicated that the crew boat operator tested positive for drugs on the date of the accident in question. Additionally, The Gaar Law Firm discovered that approximately one week before the accident in question, the boat operator had been arrested for possession of marijuana. During trial, The Gaar Law Firm successfully proved, that on the date of the accident in question, the boat operator was unlicensed, inexperienced and unfamiliar with the route to be taken. Plaintiff additionally proved that the company man, who was an employee of a different company, had failed to inquire into the qualifications of the boat operator, prior to ordering the personnel to be taken into the field on the date of the accident in question. As a result of the boat operator’s negligence, the crew boat stuck a submerged sandbar, while traveling at full throttle, in a curve, causing plaintiff to be trust into the windshield, thus injuring his neck. As a result of the accident in question, Mr. Sanders underwent a single level instrumented fusion. After a trial on the merits, and prior to the Court’s issuing a decision, the parties were able to reach a settlement on Mr. Sanders’ injuries. The Gaar Law Firm was successful in obtaining a $950,000.00 lump sum award from all parties, in full and final settlement of Mr. Sanders’ claims.
$895,000.00 SETTLEMENT FOR JONES ACT SEAMAN WITH SINGLE LEVEL CERVICAL FUSION
In Billy Ray McDaniel v. Hargett Marine, Inc., CV:01-1987, United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, the Gaar Law Firm obtained a $895,000.00 settlement for a single level cervical fusion, which resulted from an offshore accident. Mr. McDaniel was injured when a captain’s chair he was using, to pilot a Hargett vessel, overturned in rough seas. Mr. McDaniel’s head struck the rear wall of the cabin, which resulted in a herniated disc in the cervical spine. His treating orthopedic surgeon performed a one level fusion. The defendants paid Mr. McDaniel $895,000.00 for his pain and suffering, medical expenses, and past and future lost wages. It should be noted, that the average general damage award for a single level cervical fusion in Louisiana is $150,000.00. Thus, the Gaar Law Firm was successful in getting nearly five (5) times the amount generally awarded for similar injuries.
$857,500.00 FOR MANLIFT MALFUNCTION ACCIDENT WITH LUMBAR FUSION SURGERY
In a confidential settlement, The Gaar Law firm obtained a $857,500.00 confidential settlement, following mediation. The client was injured, as a result of a manlift malfunction and tip over accident, which occurred while at work. The client, who was employed as a rigger, was injured when a 120' aerial manlift, and had been rented to the client’s employer, malfunctioned causing it to tip over. The client fell approximately 90', and injured his cervical and lumbar spine. Plaintiff contended, and was able to prove, that the manlift malfunctioned, due to the rental company’s failure to properly inspect and repair the manlift in question, while making a routine service call several days prior to the accident at issue. The manlift in question was designed so as to prohibit the operator from taking the basket outside of the “safe working envelope”. During discovery, Mr. Gaar and Mr. Welborn established that the alarm system failed to warn the operator, that he was operating outside of the safe working envelope and further, that the platform failed to automatically retract to within safe working limits, thus causing the manlift to tip over, and causing the client’s injuries. The Gaar Law Firm proved that the service mechanic, who had visited the employer’s yard just two days before the accident at issue, failed to repair and/or correct the malfunctioning emergency management system (EMS), which was responsible for keeping the personnel basket within the safe working envelope. The Gaar Law Firm was successful in obtaining a $857,500.00 lump sum award, in full and final settlement of the client’s claims against the manufacturer and rental company.
$790,000.00 FOR TRUCKING ACCIDENT WITH A SINGLE LEVEL LUMBAR SURGERY
In Lyman Seaux v. Judice Sand and Gravel Company, Inc., Docket Number 2003-0814 Div. “K”, 15th Judicial District Court, Lafayette Parish, Louisiana, Jason M. Welborn and The Gaar Law Firm successfully settled a single level lumbar surgery case, with the defendants for $790,000.00. In this case, Mr. Seaux was injured when a dump truck, which he was using to haul dirt for Judice Sand and Gravel, collapsed during an unloading procedure. As a result of the collapse, the dump trailer crashed back into the bed of the truck, jarring Mr. Seaux, and causing an injury to his lumbar spine. After working up the medicals, it was ultimately determined that Mr. Seaux would require lumbar surgery to repair his problems. During the course of the litigation, the defendants argued that they were not responsible for the overloading, and hired a hydraulics engineer to establish that the reason for the cylinder collapse was not the overloading of the trailer. After flying to Salt Lake City, Utah to take the deposition of the hydraulics engineer, Mr. Welborn was able to establish that the expert had no basis for his opinion, and filed a Motion to Exclude his testimony at trial. Facing the fact that they would likely go to trial, without the use of an expert, the defendants were forced to pay Mr. Seaux $790,000.00 in settlement for his lumbar injury
$750,000.00 SETTLEMENT FOR TRUCKING ACCIDENT WITH CERVICAL AND LUMBAR SURGERY
In Eugene Lawrence Jr. v. Elpidio T. Evangelista and Heartland Express, Inc., Docket No. 98-CV-1588, United States District Court, Eastern District of Texas, Beaumont Division, Texas, Joseph F. Gaar, Jr. obtained a $750,000.00 settlement for a truck driver who was injured when hit by another 18-wheeler that lost control due to slick highway conditions. In that case, Eugene Lawrence, a professional truck driver, had lost control of his tractor trailer rig near Beaumont, Texas, causing him to jackknife and ultimately end up in the median on Interstate 10. Following his accident, Mr. Lawrence was sitting in a state police cruiser, when he was rear-ended by another tractor trailer rig who came over the same overpass, approximately one hour following his accident, and rear-ended the state police cruiser in which Mr. Lawrence was a passenger. The interesting aspect of this case is that at the time of the second accident wherein Mr. Lawrence was injured, there were approximately seven state trooper cruisers and over a dozen state troopers which were working the accident scene from Mr. Lawrence’s single vehicle accident, when he was rear-ended by the defendant driver. Mr. Gaar was able to prove that the defendant truck driver, Mr. Elpidio T. Evangelista, was traveling at an excessive rate of speed, in a truck roll over zone. As a result of the accident in question, Mr. Lawrence underwent an anterior cervical fusion as well as lumbar fusion surgery, which ultimately were successful. The case settled on the eve of trial for $750,000.00. Following resolution of the case, Mr. Lawrence was able to return to limited truck driving duties with a different employer.
$750,000.00 SETTLEMENT FOR TRUCKING ACCIDENT WITH UNOPERATED CERVICAL AND LUMBAR INJURIES
In David K. Vincent v. Bobby D. Messer, Ace Transportation, Inc. and Liberty Mutual Insurance Company, Docket Number: 2002-5014 DIV. “F”, 15th Judicial District Court, Lafayette Parish , Louisiana, Jason M. Welborn and the Gaar Law Firm obtained a $750,000.00 settlement following mediation for unoperated cervical and lumbar disc injuries. Mr. Vincent was injured when his 18 wheeler broadsided an Ace Transportation flatbed trailer, as it attempted to cross Hwy 90 in Lafayette, Louisiana. Mr. Vincent sustained an injury to his neck and back, which resulted in a surgical recommendation from his treating physicians. However, Mr. Vincent elected not to undergo the surgical procedures prior to the time of trial. At mediation, the Gaar Law Firm was able to convince the defense attorneys that they faced substantial exposure, even without Mr. Vincent having undergone the surgical procedures. The $750,000.00 was a lump sum cash settlement for all damages incurred by Mr. Vincent.
$721,000.00 SETTLEMENT FOR UNOPERATED CERVICAL AND LUMBAR INJURIES
In Lennis Zenon, Sr. and Linda Zenon v. Latroy Darnell Jett, et al., 1st Judicial District Court, Caddo Parish, Louisiana, Docket Number: 465,269-A, consolidated with The Connecticut Indemnity Company v, Latroy Darnell Jett, et al., Docket Number: 466,132-A, 1st Judicial District Court, Caddo Parish, Louisiana, Joseph F. Gaar, Jr. obtained a $721,000.00 remaining policy limits settlement from the defendants for an unoperated neck or back injury. Mr. Zenon was injured as a result of an 18 wheeler accident, where his vehicle was struck head on by a U-Haul vehicle. Although Mr. Zenon sustained substantial pain, as a result of the accident, he elected to forego any surgical procedures on his neck or back, despite the fact that they had been recommended by his treating orthopedic surgeon. Even though Mr. Zenon elected not to undergo the surgical procedures, Joseph F. Gaar, Jr. successfully convinced the defense attorneys that they faced substantial exposure for the accident and injuries suffered by Mr. Zenon. At mediation, mediator, Louis Selig, advised Mr. Zenon that he was “breathing rare air” in receiving a $721,000.00 settlement offer without having undergone a surgical procedure. In order to avoid trial, the defendants tendered their entire remaining policy limits of $721,000.00 in full and final settlement of Mr. Zenon’s claims.
$600,000.00 FOR A SINGLE LEVEL CERVICAL FUSION
In Marcy Latiolais v. L’Auberge Du Lac Casino in Lake Charles, Louisiana, Docket Number 2005-001401 G, 14th Judicial District Court, Calcasieu Parish, Louisiana, Jason M. Welborn and The Gaar Law Firm obtained a $600,000.00 settlement, for a single level cervical fusion. Mr. Latiolais was injured, when he was thrown from the back of a forklift, on the grounds of the L’Auberge Du Lac Casino and Hotel in Lake Charles, Louisiana. Mr. Welborn and The Gaar Law Firm argued that the operator of the forklift, a L’Auberge employee, operated the forklift in a negligent fashion, and ultimately caused Mr. Latiolais’ injuries. Despite the fact that Louisiana Courts have held that a single level cervical fusion has a value of $100,000.00 to $150,000.00, The Gaar Law Firm was successful in convincing the casino that they faced substantial exposure, should the matter proceed to trial. Within a few months of taking the tactical depositions of the L’Auberge employees, and establishing that the forklift operator had performed his job task negligently, The Gaar Law Firm was successful in obtaining a $600,000.00 lump sum award in full and final settlement of Mr. Latiolais’ claim. Mr. Latiolais has returned to work, following the very successful result for his cervical surgery, along with his $600,000.00 settlement.
$575,000.00 SETTLEMENT FOR CREW BOAT COLLISION ACCIDENT WITH SINGLE LEVEL LUMBAR SURGERY
In Kevin Gaspard v. Cameron Offshore Boats, Inc., CV:02-2038, United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, the Gaar Law Firm obtained a $575,000.00 settlement for a single level lumbar surgery resulting from an offshore crew boat collision accident. Mr. Gaspard was injured when two crew boat vessels, traveling in dense fog, collided off the coast of Louisiana in the Gulf of Mexico. As a result of the collision, Mr. Gaspard suffered a herniated disc in his lumbar spine, which ultimately led to a single level lumbar fusion surgery. Despite the fact that Louisiana Courts generally award $150,000.00 for a single level lumbar fusion, the Gaar Law Firm was successful in convincing the defendants that they faced substantial exposure, should this matter proceed to trial. Just days prior to the trial, the defendants met the plaintiff’s settlement offer of $575,000.00, resulting in a full and final settlement of Mr. Gaspard’s claims. Mr. Gaspard returned to work, and had a very successful result from his lumbar surgery, to go along with his $575,000.00 settlement.
$506,000.00 TRIAL VERDICT FOR UNEMPLOYED COUNTRY/WESTERN SINGER WITH QUESTIONABLE SPINAL INJURY
In Virgie Ann Causey v. Walter J. Tortorich, et al, Docket Number 66302-A, 13th Judicial District Court, Evangeline Parish, Louisiana, Joseph F. Gaar, Jr. and Jason M. Welborn successfully litigated an unwitnessed, single car accident, where Ms. Causey struck a cow that escaped from its enclosure and was wandering the road. At trial, The Gaar Law Firm was able to successfully overcome an argument by the defendants, that Ms. Causey’s spinal injuries were pre-existing, and unrelated to the accident. Despite the fact that the defendants were able to uncover evidence of a prior accident, for which Ms. Causey claimed disability, The Gaar Law Firm was successful in changing the defendants’ independent medical examiner’s opinion, with regards to causation. After detailed cross-examination, The Gaar Law Firm successfully convinced the defendants’ expert physician to change his prior opinion testimony and admit that Ms. Causey’s lumbar injuries were, in fact, related to her automobile accident. Following four days of testimony, the jury rendered a verdict in Ms. Causey’s favor, which ultimately allowed collection of $506,000.00, inclusive of court costs and judicial interest, despite the fact that Ms. Causey was only awarded $3,000.00 in economic loss. The jury simply did not believe that Ms. Causey, who has been unemployed since 1993, was entitled to an award of future economic loss. Nonetheless, the jury gave her a total award of $506,000.00 to compensate Ms. Causey for her injuries.
$500,000.00 SETTLEMENT FOR FACIAL TRAUMA AND POST TRAUMATIC STRESS DISORDER
In Kimberly Berthelot v. Louis Roussel, Jr. and Travelers Property and Casualty Insurance Company, Docket Number: 88,999-A, 21st Judicial District Court, Livingston Parish, Louisiana, Jason M. Welborn obtained a $500,000.00 tender of all policy limits for facial trauma and post traumatic stress disorder suffered by plaintiff, Kimberly Berthelot in an automobile accident. In this case, Ms. Berthelot was driving her 1972 Volkswagen in Baton Rouge, Louisiana, when a box spring, loaded into the back of a truck traveling in the opposite direction, blew free and crashed through her windshield. As a result of the crash, Ms. Berthelot received fifty (50) stitches to her face, and suffered from Post Traumatic Stress Disorder. In order to ensure successful litigation, Jason M. Welborn initially had to locate the owner of the mattress, who had left the scene. To do this, he went to twenty-four (24) separate furniture stores, in order to find a mattress, which matched the pattern contained on a piece of the box spring, which crashed through Ms. Berthelot’s windshield. After twenty-four (24) furniture stores, Mr. Welborn was advised that they had recently been contacted by the defendant to obtain a replacement mattress for one (1) that was lost during transport. At this point, Mr. Welborn knew that he had found the correct defendant, and proceeded to sue. Despite the fact that Ms. Berthelot had suffered only facial trauma, and psychological damages, Jason M. Welborn was successful in convincing the defense attorneys to tender their $500,000.00 policy limits in the case. The $500,000.00 policy limits were to cover all damages suffered by Ms. Berthelot as a result of this accident.
$458,000.00 JURY VERDICT FOR AUTO ACCIDENT INJURIES RESULTING IN SINGLE LEVEL CERVICAL SURGERY
In Philip Broussard v. Lafayette Insurance Company, et al., Docket Number 2006-0333, 15th Judicial District Court, Lafayette, Lafayette Parish, Louisiana, Mr. Joseph F. Gaar, Jr. was successful at trial in recovering a $458,000.00 verdict on behalf of Philip Broussard. In this case, Mr. Broussard was injured as a result of an intersectional collision wherein his vehicle was struck broadside by a utility truck owned and operated by Donnie Derouen Electrical Service. Prior to trial, the defendants had offered Mr. Broussard $200,000.00 to settle his claims. Midway through the trial, defendants offered Mr. Broussard $300,000.00 to settle his claims. Plaintiff ultimately rejected these offers and proceeded to try his case before a jury in Lafayette Parish. The award included $84,000.00 for past medical expenses, $12,000.00 for future medical expenses, $154,000.00 for past and future pain and suffering, $23,423.00 for past loss of earnings, $165,000.00 for future loss of earning capacity and $20,000.00 for loss of enjoyment of life. The principal arguments in the case were directed to Mr. Broussard’s loss of future earning capacity claims. At the time of the accident in question, Mr. Broussard was a real estate appraiser whose primary source of income was internet real estate appraisals, which he would obtain through use of his computer at home. Defendants argued that the plaintiff did not and should not have had any future loss of earning capacity. Through documental earnings loss for each proceeding year, from date of accident through trial, Mr. Gaar was successful in convincing the jury that Philip Broussard would ultimately sustain future loss of earning capacity. With judicial interest and court costs, Philip Broussard’s total verdict is in excess of $515,000.00
$450,000.00 FOR A SINGLE LEVEL LUMBAR FUSION
In Tiffany Williams v. Golden Logistics, LLC, Docket Number 2004-CA-000278, the Fifth Judicial Circuit, In and For Sumter County, Florida, Jason M. Welborn successfully settled a single level lumbar fusion in a minimal impact collision for $450,000.00. In this case, Ms. Williams was an owner/operator truck driver, who was parked at a truck stop and was sleeping in her cab. While she was sleeping, a second 18 wheeler rolled into the front of her vehicle, knocking her from her bunk. As a result of the fall, Ms. Williams injured her lumbar spine, and ultimately required lumbar surgery. Due to the fact that this accident happened in Wildwood, Florida, the matter had to be litigated in Central Florida. Despite the fact that the venue was very favorable to the defendants, Mr. Welborn and The Gaar Law Firm were successful in pressuring the defendants to pay $450,000.00 for Ms. Williams’ injuries. The defendants relied on a report issued by their independent medical examiner, claiming that Ms. Williams’ injuries were pre-existing. However, on detailed cross examination, the defendant’s doctor changed his opinion, and agreed that Ms. Williams’ injuries were likely a result of the parking lot vehicle accident. As a result, the defendants were forced to pay Ms. Williams $450,000.00, in full and final settlement of her case.
$425,000.00 FOR CERVICAL INJURIES WITH A TEN MONTH GAP IN TREATMENT
In Mamie Kramer v. Raymond E. Oliver, et al, Docket Number C-719-02, 31st Judicial District Court, Jefferson Davis Parish, Louisiana, Joseph F. Gaar, Jr., and The Gaar Law Firm obtained a $425,000.00 settlement, following mediation for a single level cervical fusion, with a ten month gap in treatment. Prior to retaining Mr. Gaar, Ms. Kramer had been represented by another attorney out of Lake Charles, Louisiana. Her previous attorney settled part of her case for $25,000.00, of which Ms. Kramer received nothing. Following the settlement of the target defendant, Ms. Kramer felt that her interests were not being protected, and sought representation from The Gaar Law Firm. During the course of the litigation, it became known that Ms. Kramer did not see a doctor for approximately ten months following the accident. Nonetheless, Mr. Gaar was successful in convincing the defense attorney that despite the gap in treatment, they faced substantial exposure under the uninsured motorist coverage of Ms. Kramers employer’s commercial auto policy, should the matter go to trial. Because the defendant driver was underinsured for the amount of damages suffered by Ms. Kramer, The Gaar Law Firm had to pursue the UM carrier of Ms. Kramer’s employer. Through multiple motions, and appeals to the Louisiana Third Circuit, The Gaar Law Firm was able to establish uninsured motorist coverage against Ms. Kramer’s employer. Specifically, they proved that the employer had not filed in the required waiver of UM insurance in Louisiana, and made UM available to Ms. Kramer, as a matter of law. After the insurance issue was settled, The Gaar Law Firm successfully convinced the defendants to pay $425,000.00, despite the ten month gap in treatment. This settlement was in addition to a full waiver of the workers compensation subrogation which increased Ms. Kramer’s recovery by an additional $85,000.00.
$425,000.00 SETTLEMENT FOR HELICOPTER CRASH ACCIDENT WITH SINGLE LEVEL LUMBAR FUSION
In Jamie Bellard v. Air Logistics, Inc. d/b/a Offshore Logistics, Inc., 6:02 CV1829 (Lead), 6:02 CV1830 (Member), United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, the Gaar Law Firm obtained a $425,000.00 settlement for a single level lumbar fusion, despite the fact that Mr. Bellard was able to return to work following his surgery. Mr. Bellard was injured when a helicopter, in which he was a passenger, and which was owned by Offshore Logistics, Inc., malfunctioned and was required to make an emergency “landing” in the Gulf of Mexico. As a result of the emergency landing, Mr. Bellard sustained a herniated disc in his lumbar spine, which ultimately required surgery. Mr. Bellard had a successful result in surgery, and was able to go to work following the resolution of his case. Despite the fact that the defendants were claiming that Mr. Bellard’s injuries could not have resulted from the “gentle landing” in the Gulf of Mexico, the Gaar Law Firm was successful in convincing the defendants that they faced substantial exposure should the matter go to trial. After protracted settlement negotiations, a settlement was ultimately reached the day of trial, resulting in a $425,000.00 settlement in favor of Mr. Bellard.
$400,000.00 SETTLEMENT FOR BOATING ACCIDENT WITH UN-OPERATED LUMBAR INJURIES
In Don Wilson v. Texas Crewboats, Inc., et al, Civil Action Number 04-2543, United States District Court, for the Western District of Louisiana, The Gaar Law Firm obtained a $400,000.00 settlement, following mediation, for an un-operated lumbar disc injury. Mr. Wilson was injured, when he and his wife were fishing in Fresh Water Bayou, in their 16' foot aluminum boat. While they were anchored near the shore fishing, a large crew boat, owned and operated by defendant, Texas Crewboats, Inc., passed their boat at a high rate of speed. The wakes from the boat caused Mr. and Mrs. Wilson's boat to rock violently, and resulted in Mr. Wilson falling and injuring his back. Approximately three months prior to this boating accident, Mr. Wilson had been involved in a work place accident, where he received a prior injury to his lumbar spine, and was receiving workers' compensation benefits. Despite the fact that Mr. Wilson had a pre-existing condition in his lumbar spine, and that there were only three months between the work accident and boating accident, The Gaar Law Firm was successful in convincing the defendants that they faced significant exposure, if the matter proceeded to trial. After taking the matter over from another attorney, who had recommended that Mr. and Mrs. Wilson settle their case for $60,000.00, The Gaar Law Firm successfully moved the matter to Federal Court, and conducted the extensive work up, necessary to increase the value of the case. After nailing the facts down on liability, The Gaar Law Firm was successful in establishing that the boating accident aggravated his pre-existing condition, and required a surgical recommendation. Although Mr. Wilson elected not to undergo the surgery, The Gaar Law Firm successfully convinced the defendants that the case had a value of $400,000.00 at mediation.
$398,500.00 SETTLEMENT FOR OFFSHORE WELDER WITH FACIAL TRAUMA AND TMJ
In David Johnson v. Pride Offshore, Inc. and J.M. Huber Corporation, CV:02-2412 (Lead), 02-2564 (Member), United States District Court, Western District of Louisiana, Lafayette-Opelousas Division, Joseph F. Gaar, Jr. successfully convinced the defendants to pay Mr. Johnson $398,500.00 for facial trauma resulting from an offshore accident. Mr. Johnson received a broken nose, and a lacerated lip with no noticeable scars, when he was struck in the face by a large piece of metal, during refitting operations to an offshore wellhead. Mr. Johnson’s injuries required plastic surgery to repair the laceration of the lip, and also to align his broken nose. Through discovery, it was determined that the accident occurred due to ineffective communication between a Pride employee working an air hoist to lift out the piece of metal, and those that were directing the operations below. Liability was found on the fact that there was improper hand signaling and a lack of sufficient communication for the person operating the air hoist to stop his lift, should an emergency arise. When an emergency arose, because of the fact that a piece of metal had become caught during the lift, the Pride employees could not advise the air hoist operator to stop the lift, which resulted in pressure being placed on the line. When the piece of metal sprung free, and contacted Mr. Johnson in the face, it caused his facial injuries. Mr. Johnson also sustained a cervical disc herniation not requiring surgery. Despite the fact that Mr. Johnson required no spinal surgery, and was able to return to work, the defendants were willing to pay $398,500.00 to avoid the possibility of trial.
$375,000.00 FOR UN-OPERATED LUMBAR INJURY
In Mark Buteaux v. Faucheaux Brothers Airboat Services, Inc., Civil Action Number 05-2743 (LEAD), United States District Court for the Eastern District of Louisiana, Jason M. Welborn and The Gaar Law Firm obtained a $375,000.00 settlement, following mediation for an un-operated lumbar disc injury. Mr. Buteaux was injured, when the airboat he was driving became lodged with a second airboat owned by his employer. In trying to free the two airboats, Mr. Buteaux was ordered by his supervisor, to use his back and legs to try and push the boats apart from each other. While pushing against the boats, Mr. Buteaux felt a sudden pain in his back, which ultimately required medical treatment. Although one of Mr. Buteaux’s doctors recommended the performance of a lumbar fusion, Mr. Buteaux elected not to undergo the surgery at the time of mediation. At mediation, Mr. Welborn and The Gaar Law Firm were able to convince the defense attorneys that they faced substantial exposure, even without Mr. Buteaux undergoing the surgical procedure. The defendants paid $375,000.00, in a lump sum, for all damages incurred by Mr. Buteaux.
$312,500.00 SETTLEMENT FOR JONES ACT SEAMAN UNWITNESSED SLIP AND FALL ACCIDENT WITH A TORN MEDIAL MENISCUS KNEE INJURY
In James Williams v. Conoco, Inc., Docket Number: 99-5691,14th Judicial District Court, Calcasieu Parish, Louisiana - Joseph F. Gaar, Jr. received a $312,500.00 settlement for a torn medial meniscus, requiring arthroscopic surgery. Initially in the case, the defense counsel for Conoco, Inc., advised Mr. Gaar that “they would never pay more than $50,000.00 for this case and that “their client likes to try these types of cases”. However, after working the case up for nearly eighteen (18) months, Mr. Gaar was able to convince Conoco to pay $312,500.00 for an out patient arthroscopic surgery of Mr. Williams knee. In this case, Mr. Gaar was confronted by what initially seemed to be an unwitnessed slip-and-fall accident. However, through diligent discovery, Mr. Gaar uncovered barge safety reports reluctantly produced by Conoco, which indicated that the deck area in which Mr. Williams fell lacked sufficient non-skid paint to prevent his accident. When confronted with the damaging evidence of their own barge inspection reports, Conoco, “reversed” its $50,000.00 position, and ultimately paid Mr. Williams $312,500.00 on the morning of the trial.
$300,000.00 FOR KATRINA VICTIM WHO INJURED HER SHOULDER DURING EVACUATION
In Veronica Bannister v. E-Z Bus, Inc., Civil Action Number 6:06-CV-1320 LO, United States District Court for the Western District of Louisiana, Jason M. Welborn represented Ms. Veronica Bannister, who was an evacuee from the devastation caused by Hurricane Katrina, in New Orleans, Louisiana. During the evacuation, Ms. Bannister and her family were loaded onto a bus, owned by E-Z Bus, Inc., for transport from New Orleans, to destinations unknown. While traveling on the bus, the driver and one of the other passengers became involved in an altercation, which ultimately caused the bus to roll over onto its side. As a result of the rollover accident, Ms. Bannister injured her right shoulder, which required surgery. The major issue in the case was whether or not the bus driver could be held responsible for the altercation, occurring between him and the passenger. Through diligent research, Mr. Welborn discovered that the bus company was under an obligation to ensure the protection of their passengers. Mr. Welborn convinced the defense attorneys that their driver had an obligation to stop the bus, at the first sign of trouble. After convincing the defense attorneys that they faced substantial exposure, should this matter go to trial, they agreed to pay Ms. Bannister $300,000.00 in full and final settlement for her injuries. Ms. Bannister is happily living in Texas, and has no restrictions resulting from this accident.
