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Serrette v. Ace American Ins. Co., C-20144687 (15th JDC 09/29/17),


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Damages Summary
Case Notes
Opinion Text
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Report Prepared For

Trial Court:  15th JDC      Local Rules

Jury Trial


Parish: Lafayette
Judge(s)
Judge: Earles, Kristian Dennis trial court judge
Attorney(s)
Kenny M Habetz , Jr Plaintiff Counsel
M. Charles Brandt Plaintiff Counsel
Kyle Sherman Plaintiff Counsel
Patrick J McShane Defense Counsel
Robert Patrick Ray Defense Counsel

Expert Witnesses
Ted Deshotels Vocational rehabilitation Plaintiff Expert
G. Randolph Rice , Ph.D Forensic accountant Plaintiff Expert
Patricia Williams Toxicologist Plaintiff Expert

Case Tags: MVA, Police/first responder injury, Punitive damages, Quantum,



Damages Summary

Serrette, Margie

General Damages: $1,000,000    (CPI inflation adjusted: $1,000,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Primary Injuries:
  • Cervical injury at C5-6 and C6-7 - two fusion surgeries - recommended pain management w/ injections for life - extensive prior history of similar and/or related complaints with diagnostic imaging showing positive findings at same levels
    Part tags: C5-6, C6-7
    Treatment tags: Surgery (ACDF), Surgery (multiple surgeries) , Surgery (future surgery)
    Description tags: Cervical (2 level fusion), Cervical disc herniation, Aggravation of prior injury, Aggravation of prior injury
  • Lumbar injury - two surgeries at L5-S1 with second shortly before trial - recommended pain management w/ injections for life - prior history of similar and/or related complaints and positive findings on diagnostic imaging
    Part tags: L5-S1
    Treatment tags: Surgery (Fusion), Surgery (multiple surgeries) , Surgery (future surgery)
    Description tags: Lumbar disc herniation, Prior history of similar or related complaints, Aggravation of prior injury

Secondary Injury:
  • Depression secondary to pain from injuries - recommended psychiatric care for 5 years - prior history of treatment and medication for depression
    Part tags: Mental/psychological
    Treatment tags: Mental/psychological - medication, Psychiatric care
    Description tags: Depression, Prior history of similar or related complaints

Itemized general damages
Past pain, suffering and mental anguish $500,000.00
Loss of enjoyment of life $500,000.00

General Damages: $30,000    (CPI inflation adjusted: $30,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Primary Injury:
  • Punitive damages for Alprazolam intoxicated operation of a motor vehicle
    Description tags: DUI

Itemized general damages
Punitive damages $30,000.00
Special Damages
Past medical expenses $594,116.81
Future medical expenses $200,000.00
Past loss of earnings/earning capacity $83,971.00
Future loss of earnings/earning capacity $33,793.00

Case Notes

Trial against excess insurer. Primary liability insurer with limits of $2,000,000 settled prior to trial for an undisclosed amount.

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