Published by The Pellegrin Firm January 19, 2020

In a ruling dated January 8, 2020, the Louisiana Fourth Circuit Court of Appeal in New Orleans ruled in favor of a man injured in a collision with a St. Bernard Fire Department fire truck in 2011. The man sued the St. Bernard Parish Government and its insurer Lexington Insurance Company. In order to recover damages due to the actions of a driver of an emergency response vehicle, a plaintiff must meet a high burden. The trial court found St. Bernard Parish liable and awarded $20,523.00 in medical special damages, $2,551.00 in property damage, and $120,000 in general damages for pain and suffering.

The court of appeal found that the driver of the fire truck showed reckless disregard for the safety of others when he failed to properly look out for other motorists while making  a right turn onto Alexander Avenue from West Judge Perez Drive. Therefore, the driver of the truck was negligent even under the heightened standard applicable to emergency response vehicles and the plaintiff could recover damages.

The court of appeal also affirmed the amount of damages. The parish and its insurer argued that the plaintiff had a history of preexisting back pain before the accident, there were long gaps in treatment, and general damages of $120,000 was excessive. The court of appeal rejected these arguments and found the trial court was within its discretion to award a total of $143,074.00, inclusive of $120,000 in general damages. The case is Ridgel v. Chevalier, et. al. Docket No. 2019-CA-0250 in the court of appeal.