Savoie v. Our Lady of Lourdes

Case Background

Emma Savoie, a 6-year-old, was struck and killed by a car while participating in a running group at Our Lady of Lourdes Catholic School. In February 2022, her family filed a wrongful death lawsuit in the 19th Judicial District in Baton Rouge against the school and its insurance company, alleging negligence.
The case was later transferred to the 22nd Judicial District in Covington. Judge Reginald T. Badeaux, III presided over this case. [Case number: 23-16933]

Cause

On February 23, 2022, Emma Savoie, a student at Our Lady of Lourdes School in Slidell, was involved in an accident after school dismissal. The school, operated by the Catholic Church, had just let out at 3:22 p.m., and the carpool was moving through the parking lot. Emma and her 10-year-old brother, Beau, were participating in the school’s unofficial “run club,” which allowed children to run through the parking lot during carpool time.

At one point, Emma stopped to cross a lane of moving traffic. Shortly after, Beau heard her shout, “Wait for me.” As Emma tried to rejoin him, she ran into the path of a Toyota Tundra driven by Mary Forsythe. Forsythe was driving at 9 mph and was not speeding, distracted, intoxicated, or impaired in any way. The vehicle struck Emma, causing the incident.

Injury

Emma sustained fatal injuries in the accident. After the incident, she was transported to Slidell Memorial Hospital. Although there was some dispute about whether Emma died instantly, she was pronounced dead 29 minutes after being transported to the hospital.

Her brother, Beau, witnessed the entire incident and experienced significant emotional distress, as evidenced by the circumstances. Emma was survived by her grieving parents, Brent and Amy Savoie.

Damages

If the Plaintiffs prevailed at trial, they sought damages for Beau’s emotional distress as a bystander. They also sought compensation for Emma’s conscious pain and suffering and her wrongful death.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Emma Savoie | Beau Savoie | Brent Savoie | Amy Savoie
    • Counsel for Plaintiff(s): Frank J. Swarr | Benjamin D. Rumpf
    • Experts for Plaintiff(s): Daren Marceau
  • Defendant(s): Our Lady of Lourdes | Mary Forsythe | State Farm Insurance | Gemini Insurance Company
    • Counsel for Defendant(s): Jefferson R. Tillery | Madeline Fischer | Jessica S. Allain | Sidney W. Degan, III | Karl H. Schmid | Rachel G. Webre | Morgan A. Druhan | Kyle S. Moran
    • Experts for Defendant(s): Garrett Frey

Claims

The Savoie family filed a lawsuit against Our Lady of Lourdes, accusing the school of negligence in operating a run club for children during an active carpool. They argued that having children run multiple laps in the parking lot without a crossing guard was extremely dangerous. Initially, the school and its insurers blamed the driver, Forsythe, for causing Emma’s death. To avoid an “empty chair” situation at trial, the Plaintiffs included Forsythe and her insurer, State Farm, in the case. However, they stated that they did not believe Forsythe was at fault.

The Plaintiffs voluntarily dropped this claim just before the trial. They settled their claims with several insurers but decided to proceed to trial against Gemini Insurance Company, the primary excess insurer. There were no disputes over comparative fault with other parties. The trial focused solely on determining the school’s liability.

Defense

Gemini denied any fault on behalf of Our Lady of Lourdes and supported the police’s conclusion that the incident was a tragic accident. The insurer also disputed claims of Emma’s conscious pain and suffering. A nurse, who was present during the carpool, rushed to Emma’s aid immediately but found that she had no pulse.

Expert Testimony

The Plaintiffs’ accident and safety expert was Daren Marceau from Cary, NC. Garrett Frey served as the school’s accident expert.

Jury Verdict

The case was tried for five days in Covington, focusing on the school, which was defended by attorneys from several excess insurers. On November 8, 2024, the jury found Our Lady of Lourdes negligent and determined that this negligence directly caused the accident. The trial then moved to the damages phase.

The first question was whether Beau had suffered severe, debilitating, and foreseeable emotional distress. The jury answered “yes” and awarded him $50,000,000 for his bystander anguish.

Next, the jury awarded $25,000,000 to each parent for wrongful death damages. The jury also determined that Emma had experienced “conscious” pain and suffering, valuing this at $29,000,000. In total, the jury awarded the Savoie family $129,000,000.

Post-Verdict Remarks

Frank Swarr, the attorney representing the Savoie family, stated that the $129 million award is “far and away” a record for the country in terms of general damages payouts. He further added that he expects the school and its insurance company to appeal the decision.

Although the Archdiocese of New Orleans was not named as a defendant in the lawsuit, it holds parochial authority over Our Lady of Lourdes. The Archdiocese issued the following statement after the verdict:

“We know that no words or actions can heal the Savoie family after such a tragic loss,” the statement read. “The community at Our Lady of Lourdes and throughout the Archdiocese of New Orleans continue to remember Emma with love and to pray for the entire Savoie family. The Our Lady of Lourdes community stands ready to offer any and all pastoral support available to assist in the family’s healing.”

In an interview, Amy Savoie shared her hope to use the awarded money, in part, to continue advocating for school traffic safety in Louisiana and across the United States.

Court Documents:

Available for purchase upon request

Press Release:

Independent