Joan Vallee v. TWA Erectors, et al
Case Background
On September 21, 2021, Plaintiff Joan Vallee filed a Commercial Truck Accident lawsuit in the Louisiana State, District Court of East Baton Rouge County (Case number: 710767). This case was presided over by Judge Kelly Balfour.
Cause
A catastrophic collision occurred on May 7, 2021, on Louisiana Highway 14 in Lake Charles when Michael Temple, driving a Ford F-250 pickup truck, suddenly turned onto Fruge Road directly in front of Joan Vallee’s 2011 Kia Optima. Temple had been returning from a TWA Erectors job site located 90 miles away. Though Temple supposedly owned the Ford F-250, it displayed TWA Erector company logos. Temple and his crew were heading to a hotel at the time of the fatal left turn accident. The Commercial Truck Accident resulted in the death of Vallee’s passenger, Linda Gardner, and caused severe injuries to Vallee herself.
Injuries
Joan Vallee, a 77-year-old retired McNeese State chemistry professor, sustained catastrophic injuries in the truck accident. Her injuries included a cervical fracture requiring a two-level fusion and a lumbar fracture. She also suffered a broken right heel and multiple rib fractures that led to a collapsed lung. Complications arose when Vallee developed a severe infection, necessitating ventilator support and multiple lung surgeries. The personal injury victim remained hospitalized for three months, with all parties acknowledging the severity of her injuries.
Damages
The personal injury compensation included stipulated medical expenses of $690,866. Vallee pursued additional damages for future medical expenses and noneconomic losses through the lawsuit. Clear Blue Specialty Insurance provided an initial settlement of $1,000,000, while National Union Fire Insurance Company, providing umbrella coverage, remained as the primary defendant at trial in this Commercial Truck Accident case.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Joan Vallee
- Counsel for Plaintiff: Donald J. Cayayoux, Jr. | J. Lane Ewing, Jr.
- Defendant(s): Michael Temple | TWA Erector | National Union Fire Insurance Company
- Counsel for Defendants: Cynthia G. Sonnier | Christian M.R. Redmon
Claims
The Commercial Truck Accident lawsuit centered on multiple claims. Vallee alleged primary negligence against Temple for executing an unsafe left turn. She pursued a vicarious liability claim against TWA Erectors, arguing that Temple was their employee at the time of the collision. The employer negligence lawsuit expanded to include claims of negligent hiring, training, and supervision, citing Temple’s history of moving violations. Vallee challenged the ownership of the Ford F-250, asserting it was a sham transaction concealing TWA Erectors’ true ownership, as evidenced by their company logo on the truck. This truck accident liability case involved complex insurance coverage issues with both primary and umbrella policies.
Defense
National Union Fire Insurance Company adopted a robust, multi-faceted defense in the commercial liability case, centering on two key arguments: employment status and comparative negligence.
First, the defense challenged the employer liability claim by asserting that Temple, the defendant driver, was acting outside the scope of his employment at the time of the accident. Evidence showed that Temple had clocked out from his shift at TWA Erectors, was driving his personal vehicle, and was approximately 90 minutes away from his worksite. This temporal and geographical separation strongly supported their claim that Temple was not engaged in work-related activities when the collision occurred.
Second, National Union pursued a comparative negligence defense against the plaintiff, Joan Vallee. They alleged that Vallee was speeding and failed to adapt to the road conditions, violating Louisiana traffic laws. The defense argued that her lack of situational awareness and failure to anticipate Temple’s left turn contributed to the accident.
Jury Verdict
On September 27, 2024, the jury awarded Joan Vallee a total verdict of $4,647,398 in her case. This amount included $690,866 for past medical expenses and an additional $456,532 for future medical care. The jury also granted Vallee $3,500,000 in non-economic damages for pain, suffering, and emotional distress, reflecting the severity of her injuries and the impact on her quality of life.
Court Documents:
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