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Woman appeals auto accident judgment against Plaquemines Parish Sheriffs Office

LOUISIANA RECORD

Sunday, November 24, 2024

Woman appeals auto accident judgment against Plaquemines Parish Sheriffs Office

State Court
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In a recent court filing, Shaquana Harvey, individually and as the natural tutrix of her son Jaden Harvey, has filed a complaint against Deputy Eric Wayne Hamby, the Plaquemines Parish Sheriff's Office through Sheriff Gerald A. Turlich Jr., and American Alternative Insurance Corporation. The complaint was filed in the Court of Appeal for the Fourth Circuit of Louisiana on May 17, 2024.

The case stems from an automobile accident that occurred on January 13, 2017, involving Deputy Hamby and eight-year-old Jaden Harvey. According to the court documents, Hamby was driving a Plaquemines Parish Sheriff's Office vehicle on Ferry Access Road in Point a la Hache when he collided with Jaden, who was riding a small motorbike on the levee. The collision occurred at the intersection where Ferry Access Road meets the levee. Ms. Harvey claims that her son was riding his motorbike to meet friends to play basketball and had driven this route before without incident.

Jaden testified that he was traveling at approximately 20 miles per hour at the time of the collision and that his only training in operating his motorbike came from his brother. Despite wearing a helmet, it was not properly buckled and came off during the impact, resulting in significant injuries including a severe leg injury requiring surgery and a metal rod for repair. He also suffered a head laceration and continued to experience pain up until the trial.

The initial bench trial took place on September 14, 2022, where the court found Hamby 65% at fault and Ms. Harvey 35% at fault for Jaden's injuries. However, no fault was assigned directly to Jaden due to his young age; instead, Ms. Harvey was held liable for Jaden’s comparative fault. This judgment was subsequently appealed by both parties.

On appeal, it was determined that the trial court erred in not considering Jaden capable of negligence due to his age. The case was remanded back to trial court for reassessment of Jaden’s comparative fault. On October 11, 2023, an amended judgment apportioned fault as follows: 65% to Hamby and 35% to Jaden with no fault assigned to Ms. Harvey.

Deputy Hamby contested this amended judgment arguing that any liability attributed to him is excessive given that Jaden was negligent in several ways: illegally operating his motorbike on an unpaved levee; driving at an unreasonable speed; and failing to exercise heightened observation when approaching an intersection.

The appellate court reviewed these arguments under the manifest error standard set forth by previous rulings such as Duncan v. Kansas City Southern Railway Co., which grants much discretion to triers of fact in allocating fault.

Despite acknowledging some factual support for Hamby's arguments—including testimony indicating that Jaden may have tried to beat Hamby's car through the intersection—the appellate court ultimately upheld the trial court's apportionment of fault based on factors outlined in Watson v. State Farm Fire & Casualty Insurance Co., which considers inadvertence, risk created by conduct, significance of conduct's object, capacities of actors involved and extenuating circumstances.

The appellate court noted that while it is customary for people to ride on levees despite it being contrary to law—Hamby should have foreseen potential intersections with other vehicles or pedestrians due to high traffic areas like Pointe-a-la-Hache Ferry dock where visibility over levees is limited until reaching their top.

Ultimately affirming both judgments rendered by lower courts regarding allocation between parties involved without awarding costs sought out by either party’s appeals. 

Attorneys representing Shaquana Harvey include Michael G. Riehlmann, Brett J. Prendergast and Jacque R. Touzet while Daniel R Martiny James B Mullaly Jeffrey D Martiny represent defendants from Martiny & Associates LLC Judge Kevin D Conner presided over original trial case number NO-64-194.  Chief Judge Terri F Love, Judge Roland L Belsome and Judge Dale N Atkins concurred.

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