On December 9, 2013, Murphy Law Firm’s client was violently struck in the rear by a 2007 Ford F250, operated by an employee of Clean Water Opportunities, Inc. The force of the impact propelled the client’s vehicle off of the roadway, after which the vehicle collided with a concrete wall, then traveled off of the roadway, overturned, struck a tree, and came to rest in a runoff canal on Interstate 12 near its intersection with Juban Road, in Livingston Parish.
The client sustained significant injuries, the most severe of which was a separation/dislocation of the sternoclavicular (“SC”) joint — where the collarbone meets the sternum. Typically, a dislocated SC joint involves the clavicle penetrating into the thoracic cavity, causing catastrophic damage to arteries and veins in the area just above the heart. Fortunately, this client’s SC joint separated outwards; however, this sort of an injury cannot be surgically repaired and results in a permanent injury. Mr. Murphy conducted national research to determine the appropriate quantum for this injury. In that most SC joint separations result in death, there were not many instances across the country of reported quantum. The at-fault insurer offered less than $300,000 to resolve this case. Mr. Murphy believed this was an insufficient and unfair settlement offer and pushed onward to trial. At trial, the District Court awarded $759,403.13. After the defendants’ unsuccessful appeal to Louisiana’s First Circuit Court of Appeal and an unsuccessful request to seek review of the award by the Louisiana Supreme Court, the defendants ultimately paid over $860,000.00 to satisfy the Judgment of the District Court.