Lafayette Jury Awards $273K in Auto Negligence Verdict After Dump Truck Rear-Ends Plaintiff

Fucich Et Al Et Al V. Great Divide Insurance Co Et Al

Case Background

On July 31, 2020, David and Ellen Fucich filed an auto negligence lawsuit against Jesus Victor, a dump truck driver, who rear-ended David. The motor vehicle accident resulted in various injuries, including a mild brain injury, a shoulder injury that required surgery, and a C5-7 disc injury.

The case was filed in the United States District Court, Western Louisiana. The lawsuit was assigned to Judge Robert R Summerhays and referred to Magistrate Judge Carol B Whitehurst.

Cause

Injury

On the day of the accident, Fucich was treated at the ER for soft tissue injuries and followed up with his primary care physician three days later. Following the accident, Fucich experienced symptoms of brain fog, memory loss, and confusion, which were attributed to a mild brain injury. These issues have impacted his career in media sales.

In addition to the brain injury, Fucich also complained of a shoulder injury, which required surgery. Medical evaluations confirmed a cervical disc injury, though it had not been surgically treated at that time. Dr. Lon Baronne, an orthopedic specialist, indicated that Fucich would eventually need a C5-7 disc fusion. To manage his pain, Fucich received treatments such as trigger point injections and nerve blocks.

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): David Fucich | Ellen Fucich
  • Counsel for Plaintiff(s): Wesley K Elmer | David C Laborde | Derrick Glenn Earles | Mary K Cryar | Nicholas Ryan Rockforte | Robert Mark Marionneaux, Jr | Scott F Higgins

• Defendant(s): Great Divide Insurance Co | R P F Emergency Services L L C | Jesus Victor
  • Counsel for Defendant(s): Allyson Champagne Byrd | Allison Breen Kingsmill | Robert B Worley, Jr | Trey K Bartholomew |

Claims

Plaintiff claimed that Defendant Victor’s negligence caused the accident, resulting in severe injuries.

Defense

Defendant raised several affirmative defenses, arguing that Plaintiff’s own negligence, including failure to yield the right-of-way, was the primary cause of the accident and any resulting injuries. Alternatively, the Defendant claimed Fucich was comparatively negligent, which contributed to the accident, and should reduce his damages.

Defendant also denied liability, asserting the accident occurred under circumstances beyond their control. Additionally, Defendant argued that Fucich failed to mitigate his damages and that his alleged injuries pre-existed the incident. If Fucich had received payment for medical expenses through insurance, Medicaid, or charity, the Defendant contended they were not liable for those costs. Defendant invoked the terms of the insurance policy and asserted the claims could be barred under Louisiana’s “no pay, no play” statute. Finally, Defendant requested a jury trial, dismissal of the Petition, and any other appropriate relief.

Jury Verdict

Court Documents:

Available upon request