James v. Tucker

Case Background

Sarelda James filed a personal injury lawsuit against David Tucker after getting into a minor motor vehicle accident. She sought damages for her injuries and aggravation of her pre-existing injuries by Tucker’s auto negligence. The case was filed before the Louisiana, East Baton Rouge Court. Judge Tiffany Foxworth-Roberts presided over this case. [Case number: 660501]

Cause

On August 8, 2015, Sarelda James, then 49, was involved in a crash in Baton Rouge. The accident happened at the intersection of Bluebonnet and Burbank. David Tucker, operating a big rig insured by Great Western Casualty, made a U-turn. During the turn, he collided with the left side of James’ 1997 Honda Accord. The impact was relatively minor, and James felt no immediate injuries.

However, as James exited her car, she accidentally caught her foot on the gas pedal.

Injury

A week earlier, James had received treatment for a nerve injury in her foot from Dr. Catherine Riche, an orthopedic specialist. When she exited her car, she caught her foot and aggravated the nerve injury. Additionally, she bruised her foot during the incident.

Although James did not report any injuries at the scene, she visited Dr. Riche the following day for a scheduled appointment. During this visit, Dr. Riche discovered a new bruise on James’ foot, along with the aggravation of the previous nerve injury.

Damages

In this personal injury lawsuit, James sought damages from Tucker. She sought economic damages for her medical expenses and treatment costs for her foot and nerve injuries. She also sought non-economic damages for her physical pain and mental suffering and anguish caused by his negligence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sarelda James
    • Counsel for Plaintiff(s): Willie G. Johnson, Jr.
  • Defendant(s): David Tucker
    • Counsel for Defendant(s): Robert L. Blankenship

Claims

James claimed that the aggravation of her existing injuries and new injuries to her foot was caused by Tucker’s auto negligence. James developed proof of her injury from her treating Dr. Riche.

Defense

Tucker argued that James’ foot condition was a result of an injury she sustained a week earlier. He claimed that the crash did not cause the alleged bruise on her foot. Instead, he asserted that James’ foot injury occurred when she caught her foot on the gas pedal while exiting her car.

Jury Verdict

The trial lasted four days in Baton Rouge, running from Monday to Thursday. The jury began deliberating at 11:17 p.m. and finished at 1:07 a.m. On September 15, 2024, the jury ultimately concluded that Tucker’s actions “more probably than not” caused James’ injuries. Her responsibilities were not in dispute, so the jury moved on to consider damages.

James received $10,000 for medical expenses and $140,000 in non-economic damages, divided into six categories. This included $40,000 for past, present, and future mental anguish. The jury awarded her $20,000 for past suffering and $10,000 for future suffering.

Additionally, they categorized James’ “present” pain and suffering as $10,000. Finally, she was awarded $10,000 for past loss of enjoyment of life and another $10,000 for future loss of enjoyment.

In total, the jury’s verdict for James amounted to $150,000, and a consistent judgment was entered in her favor.

Court Documents:

Available upon request