A Louisiana mother is seeking justice after a devastating car accident left her and her children injured. Antonette Smith filed a complaint in the Nineteenth Judicial District Court, East Baton Rouge Parish, on February 19, 2020, against Devaun James and his insurer, GoAuto Insurance Company.
The incident occurred on March 24, 2019, when Devaun James attempted to turn left into a Walmart parking lot on U.S. Highway 190 in Eunice, Louisiana. His vehicle collided with the driver's side door of Antonette Smith's car, which was occupied by her three young children: Taniyah Daniel (8), Tevin Daniel Jr. (5), and Trinity Smith (3). The impact led to immediate medical attention for Smith and her children at a local emergency room. While two of the children were treated for minor injuries and discharged the same day, Smith faced more severe consequences due to her pregnancy.
Smith was eight weeks pregnant at the time of the accident and experienced abdominal pain, back pain, and headaches. She was diagnosed with a "threatened abortion" and advised to follow up with her physician. Over the next ten months, she underwent limited chiropractic care and received an injection for low back pain radiating into her left buttock and leg. Despite giving birth to a healthy child in October 2019, Smith continued to suffer from chronic pain that significantly impacted her quality of life.
On June 1, 2023, after a bench trial where both parties testified and presented evidence, Judge Donald R. Johnson ruled in favor of Smith. The court found James entirely at fault for the accident and awarded Smith $242,549.15 in damages—$7,549.15 for past medical expenses and $250,000 for pain and suffering—reduced by $15,000 due to statutory exclusions under Louisiana law because she was uninsured at the time of the accident. Additionally, James and GoAuto were held solidarily liable for $15,000 in general damages related to Smith's fear of losing her unborn child ($10,000) and loss of enjoyment of life ($5,000).
James appealed this judgment on June 1st claiming that the general damage award was excessively high given similar cases' precedents. He cited instances like Luquette v. Great Lakes Reinsurance PLC where lesser amounts were awarded for comparable injuries but failed to sway the appellate court.
Smith's legal team argued that her ongoing suffering justified the compensation awarded by Judge Johnson. They pointed out that before the accident she had no history of back or leg pain but now lives with chronic pain affecting her ability to care for her four children actively.
In conclusion,the First Circuit Court of Appeal affirmed Judge Johnson’s ruling citing no abuse of discretion regarding general damage awards.The court acknowledged how significantly Ms.Smith’s life has been altered post-accident,and thus upheld awarding substantial compensation despite Mr.James’ appeal.
Representing Antonette Smith is attorney Wm.Tyler Downing while Chase Tettleton along with Stephen Babcock & Adrian P.Smith represent Devaun James.The case is presided over by Honorable Donald R.Johnson under Case ID:2023 CA1098