Family of pedestrian fatally struck by vehicle sues parish for improperly designed crosswalk

GRETNA – The family of a woman who was fatally struck by a truck while using a crosswalk in Harvey is suing Jefferson Parish and the companies who designed the crosswalk claiming its faulty construction led to the accident and her death.

Nicholas Decay and Chancellor Decay, the children of deceased Desiree Decay Felton, filed suit against Jefferson Parish, Fleming Constriction Company LLC, Urban Systems Associates Inc., Design Engineering Inc. and an unknown engineering company in the 24th Judicial District Court on March 2.

The Decays assert that on March 11, 2014 their mother, Desiree Decay Felton, was a pedestrian walking across Manhattan Blvd. in Harvey and was in a crosswalk when she was struck by a truck. The plaintiffs allege that on Feb. 12, 2012 Fleming Construction Company was contracted to expand the crosswalk, but did so in a negligent manner leaving pedestrians who were using it exposed to the risk of harm. The Decays claim the crosswalk and traffic lighting systems surrounding it were improperly designed and constructed by the defendants, leading to the accident and subsequent death of their mother. In particular, the plaintiffs contend the crosswalk did not have adequate traffic signals to warn motorists.

The defendants are accused of creating an unreasonable risk, failing to correct a danger, failing to design and provide a safe crosswalk, failing to maintain the roadway in a reasonable manner, failing to construct a reasonably safe crosswalk, failing to provide adequate traffic signal lights, failing to provide adequate ramps and curbs and failing provide adequate lighting.

An unspecified amount in damages is sought for wrongful death, survival, pain and suffering, loss of income and funeral expenses.

The Decays are represented by Jeremiah A. Sprague of Marrero-based Falcon Law Firm.

The case has been assigned to Division B Judge Cornelius E. Regan.

Case no. 747-259.