A high-stakes legal battle has emerged from a motor vehicle accident that occurred on April 10, 2020, at the intersection of Eastover Drive and Lake Forest Boulevard. The complaint was filed by Jonathan Akers and Cyntiana Akers in the Civil District Court for Orleans Parish on December 15, 2020, against Joseph Douglas and other associated parties.
The case revolves around a collision between the Akers' vehicle and a car driven by Joseph Douglas. At the time of the accident, Douglas was operating a vehicle owned by Daryl Malone as part of his duties for Bensco of Louisiana, LLC. Following the incident, the Akers filed an initial petition for damages and subsequently amended it to include New York Marine and General Insurance Company as well as Bensco. The bench trial took place on July 31, 2023, with testimonies from Mrs. Akers, Mr. Akers, and their treating physician Dr. Patrick Waring.
On August 10, 2023, the trial court found Douglas solely negligent for causing the collision and awarded general damages amounting to $376,000 each to Mr. and Mrs. Akers for past and future physical pain and suffering. Additionally, special damages were awarded for past medical expenses totaling $74,607.43 for Mr. Akers and $83,969.74 for Mrs. Akers along with future medical expenses amounting to $117,773.64 for Mr. Akers and $90,580.23 for Mrs. Akers.
New York Marine challenged these awards on multiple grounds including claims that the trial court abused its discretion in granting excessive general damages contrary to evidence presented at trial; allowed "trial by ambush" by awarding excessive future medical expenses; erred in admitting uncertified medical bills into evidence; improperly accepted Dr. Waring’s testimony regarding causal relation of Mrs. Aker’s lumbar disc symptoms to the accident; and denied their motion for a new trial without sufficient cause.
Despite these contentions, after reviewing all evidence including prior damage awards in similar cases such as Mixter v Wilson (2010), Donaldson v Hudson (2012), Hammons v St Paul (2012), and May v Regional Transit Authority (2019), the appellate court affirmed the trial court's judgments on all counts on August 16th 2024.
Representing plaintiffs Jonathan and Cyntiana Akers were attorneys Jake J Weinstock and Irvy E Cosse III from Cosse Law Firm LLC while defendants were represented by Sidney J Angelle from Lobman Carnahan Batt Angelle & Nader law firm before Honorable Judge Omar Mason under Case ID No: 2020-10639 Division “E”.