A Louisiana woman has won a significant personal injury case following a 2015 automobile accident, resulting in a judgment of over $1.5 million against multiple defendants. Dorothy Ory filed the complaint on June 1, 2016, in the Nineteenth Judicial District Court for East Baton Rouge Parish against Myles Smith, Church Mutual Insurance Company, and The Shiloh Missionary Baptist Church.
The case stems from an incident on June 6, 2015, when Ory was driving her Ford Fusion westbound on Tiger Bend Road. Smith, driving a Chrysler 300 owned by The Shiloh Missionary Baptist Church and insured by Church Mutual Insurance Company, attempted to make a left turn onto Tiger Bend Road from a private drive. This maneuver resulted in a collision with Ory's vehicle as she proceeded through a green traffic signal at the intersection of Tiger Bend Road and Antioch Road. As per the court documents, "Mr. Smith pulled out of the driveway in front of Mrs. Ory’s vehicle," leading to severe injuries for Ory that have required ongoing medical treatment.
The defendants initially answered the petition and took Ory’s deposition on August 15, 2017. A series of legal maneuvers followed, including motions for status conferences and discovery cutoffs leading up to the trial date set for October 31, 2022. During this period, Ory filed several motions including one for summary judgment on medical causation which was granted just before the trial commenced.
During the bench trial held on October 31, 2022, both parties presented their evidence without objections. Notably, Ory introduced numerous medical records and deposition transcripts from five treating physicians: Drs. Craig Greene, Rasheed Ahmad, Kyle Girod, Joseph Turnipseed, and Richard Stanger. These depositions were critical as they detailed the extent of her injuries and future medical needs directly linked to the accident.
Ory's testimony was found highly credible by the court; she explained her injuries comprehensively and justified gaps in her treatment due to personal circumstances such as caring for her husband who had suffered a stroke. The court concluded that it was more probable than not that she would incur future medical expenses related to her neck and lumbar spine pain.
The court awarded damages totaling $1,574,741.38 across various categories: past medical expenses ($178,410.38), future medical expenses ($569,331), past physical pain and suffering ($400,000), future physical pain and suffering ($200,000), loss of enjoyment of life ($100,000), and future mental anguish ($100,000). The defendants subsequently filed motions for new trial or remittitur which were denied after hearings held in early 2023.
Counsel for plaintiff Dorothy Ory included Todd C. Comeaux from Baton Rouge while Sidney W. Degan III along with Travis L. Bourgeois and Candace C. Chauvin represented Myles Smith et al., with additional counsel Gerard T. Moran and Harold J Adkins participating from New Orleans law firms Degan Blanchard & Nash PLC and Phelps Dunbar LLP respectively.
The case was presided over by Honorable Kelly Balfour under Docket No: 648748 with appellate review conducted by Judges McClendon Hester Miller under Case ID: 2023 CA 0856.