On June 15, 2005, plaintiff Shasta Pritchard, 57, unemployed, was driving a 1998 Dodge Durango with her grandson, plaintiff Brayden Pritchard, 12, a front-seat passenger, in Baton Rouge, heading north on Louisiana Highway 1, a two-lane highway.
Pritchard passed an 18-wheeler owned by Boh Bros. Construction Co. of New Orleans. Upon returning in the northbound lane, Pritchard, after 10 seconds, attempted to pass another 18-wheel tractor-trailer that was also owned by Boh Bros. The truck was operated by Robert Herrington, who was hauling large wooden mats used for earthmoving equipment to rest upon.
According to Pritchard, she was two car lengths in the southbound lane when Herrington activated his left turn signal to turn left onto Deaton Street. Pritchard slammed on her brakes, which then locked, and she swerved into the right lane and struck the side of Herrington’s trailer. Both plaintiffs sustained injuries.
Pritchard, along with her husband, Steven, and Peter Pritchard, on behalf of his son, Brayden, sued Boh Bros. and Herrington for his vehicular negligence. Plaintiffs’ counsel argued that Herrington failed to maintain control and a proper outlook; failed to yield to oncoming traffic; and attempted to make a left turn before ensuring that the lane was free of oncoming traffic.
State Police Trooper James Cannon, the responding officer, opined that the center line was dotted, which permitted motorists to pass in either lane. In addition, no markers or signs were posted prohibiting passing.
The defendants denied the allegations. Defense counsel contended that Pritchard was 100 percent liable for the accident. According to defense, Herrington properly looked for oncoming vehicles before he turned on his signal and began making a left.
With her left tibia protruding through her skin, Pritchard was flown to Our Lady of the Lake Regional Medical Center in Baton Rouge, where her open leg fracture was cleaned and bone fragments flushed out. She was then fitted with an external fixator. Ten days later, open reduction internal fixation was performed on Pritchard’s tibial shaft in which bone was grafted to replace missing bone. Pritchard’s left leg ended up two inches shorter than her right. She was released 24 days after from when she was admitted and underwent physical therapy and then chiropractic treatment, as a result of her injuries, for many months. Nearly three months after the accident, hardware was removed. She then developed hammertoe, or tightening of tendons in her left foot, and a pressure-release was performed in December 2006.
Pritchard’s treating orthopedic surgeon said that her injuries were caused by the accident with Herrington. She sought $144,900 for past medical expenses.
The plaintiffs’ treating chiropractor explained how leg deficiency causes misalignment in the hips and spine which can lead to kyphosis and other spinal impairments. Pritchard, experiencing an unbalanced gait and pain in her hips and back, was fitted with a shoe lift to compensate for the leg discrepancy. She also sustained the loss of her subtalar joint in her injured left foot. Lalonde said that she may need future surgery on the joint if it becomes too painful. She sought a non-quantified amount for future medical expenses and past and future pain and suffering.
Two months prior to the accident, Pritchard was an administrative assistant, earning $23,000 annually. She temporarily left the position to take care of her grandchildren for the summer but planned to resume the position at summer’s end. Counsel told jurors that she planned to work until the age of 64.
Pritchard, relying on a cane, said that she’s unable to stand for long periods of time because of her impaired balance. Due to her leg condition, she and her husband are unable to vacation and have not done so since the crash. She talked about how at the time of the accident she was going to take care of her three grandchildren for the summer, but they ended up taking care of her.
Steven Pritchard discussed his caring for his wife; how during those first few months he and the grandchildren washed her clothes and emptied her bedpan. He sought an unspecified amount for loss of companionship.
Brayden was treated for bruises and scratches to his knees at and then released. A long-distance runner, Brayden said that he experiences stiffness in his knees and left ankle after running a long period of time, which requires him to “pop” his joints to allay the stiffness.
The jury found that defendants were 75 percent negligent and Pritchard 25 percent comparatively negligent. Jurors awarded Shasta Pritchard, Steven Pritchard and Brayden Pritchard $1,336,000, which was reduced to $1,002,000.
Brayden Pritchard
$4,000 Personal Injury: Past Medical Cost
$30,000 Personal Injury: past and future pain and suffering
Shasta H. Pritchard
$145,000 Personal Injury: Past Medical Cost
$35,000 Personal Injury: Future Medical Cost
$72,000 Personal Injury: Past Lost Earnings Capability
$250,000 Personal Injury: past and future physical pain and suffering
$250,000 Personal Injury: permanent scarring and disfigurement
$250,000 Personal Injury: past and future mental pain and suffering
Steven Pritchard
$300,000 Personal Injury: loss of companionship, service, society, care, attention, guidance and moral support