 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Augillard v. Gaspard5/30/2002
AMENDED AND AFFIRMED.
In this personal injury lawsuit, after a bench trial, the trial judge found that Severin Gaspard and a third-party non-defendant were equally responsible for the accident which caused Darryl Augillard's injuries. The trial judge awarded Augillard damages of $68,500.00, property damages of $800.00 and medical damages of $12,302.31. The trial judge cast Ray Gaspard's insurer, Allstate Insurance Company, and the third-party non-defendant each liable for 50% of Augillard's damages. The trial judge also dismissed Albert Jasmine's claims and dismissed all claims against Ray Gaspard personally. For the following reasons, we amend and affirm the trial court's ruling.
Facts
In the early morning hours of August 1, 1998, Juan Alexander ("Alexander") and a friend were walking on East 13th Street in Reserve, Louisiana when a black Nissan truck pulled up next to them. When the driver asked Alexander to sell him drugs, Alexander indicated that he did not sell drugs. The driver, who was later identified as Severin Gaspard, then pulled his gun and demanded the gold chain that Alexander was wearing. When Alexander refused, Gaspard began to open the door of his truck. Alexander fired a shot at the driver's side door as he ran toward the rear of the truck. He continued to fire shots at the doors and bed of the truck in an attempt to scare Gaspard away and to avoid being shot himself. Gaspard closed the door and drove away. Alexander, who fired eleven shots in all, stopped when Gaspard drove away.
As Gaspard drove away, he sideswiped an unoccupied parked car owned by Albert Jasmine then collided head-on with a second parked car occupied by the appellee, Darryl Augillard. Augillard, who was sitting in his car outside of Albert Jasmine' house waiting for Jasmine, heard gunshots, saw the truck coming toward his vehicle and ducked down to protect himself. After the collision, the truck driven by Gaspard crashed into an apartment building.
When the police arrived at the scene, they determined that Severin Gaspard had a gunshot wound to the back of his head. Although Gaspard received emergency medical attention at the scene, he was later pronounced dead.
As a result of the head-on collision, Augillard sustained injuries to his chin, neck, back, right shoulder, right hip and right knee. Augillard was transported from the accident scene to River Parishes Hospital and received emergency medical treatment for a laceration on his chin. He was also diagnosed in the emergency room with a cervical strain.
On August 12, 1998, Augillard visited Robert Dale, a chiropractor, complaining primarily of headaches, muscle spasms, and pain in his neck, upper back, and right shoulder and secondarily of lower back and hip pain. Dr. Dale treated Augillard until April of 1999 when Augillard, although he continued to complain of pain in his back, hip and knee, requested that Dr. Dale discharge him.
Augillard's car, which he purchased for $800.00, was severely damaged when Gaspard's truck collided with it. At the request of St. John Parish Sheriff's Office, which was investigating Gaspard's death and the collisions, Augillard's car was towed to Pete's Body Shop where it was stored at a cost of $9.00/day.
On June 16, 1999, Augillard, Jasmine, and Joseph Torres, the owner of Pete's Body Shop, filed suit against Ray Gaspard and Severin Gaspard and their insurers for damages each received as a result of the automobile accident.
In August of 1999, Augillard returned to Dr. Dale complaining of pain in his lower back, right hip and right leg. When Augillard did not respond to treatment, Dr. Dale ordered an MRI.
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|