Judge: Lafayette partially liable for injuries
7/1/2006
A judge has ruled that the Lafayette City-Parish Government is liable for $277,512 in damages for severe injuries a Church Point woman suffered in a traffic accident caused by a hit-and-run driving suspect fleeing police.
Peggy Guidry argued in the lawsuit that Lafayette police were partly at fault in the 2004 accident for deciding to chase the suspect down a busy Ambassador Caffery Parkway and for blocking the roadway, leading him to swerve and knock another car into Guidry's vehicle.
City-parish attorneys denied that officers established a road block or actively chased the suspect.
State Judge Kristian Earles awarded Guidry $693,782 after a three-day bench trial last week, according to court records.
Earles assigned 60 percent of the fault and monetary damages to the driver who caused the accident, 26-year-old John D. Warren of Abbeville, and 40 percent to the city-parish on behalf of police officer Thaddeus Sices, who Guidry's attorney argued had blocked the road in an effort to stop Warren.
"You never block the road with your vehicle in this situation. It just creates a danger," said plaintiffs attorney Clay Burgess on Friday.
City-Parish Attorney Patrick Ottinger declined comment on the outcome of the case or whether an appeal is planned.
At trial, city-parish attorneys argued that Warren, who was charged with fifth offense OWI, was fully to blame for the accident.
Warren had allegedly been involved in a hit-and-run on Evangeline Thruway and had traveled down Congress Street and onto Ambassador Caffery, where witnesses reported seeing his Cadillac Deville careening down the crowded street at 10 p.m., riding on the rim of a flat tire with a trail of sparks from a hanging fender, according to court records.
Burgess had argued that one officer was chasing Warren down the Ambassador Caffery near the Wal-Mart when Sices pulled his cruiser into the turning lane to create a road block.
The attorney said the alleged road block, which would have violated department policy, led Warren to swerve into traffic at his right to avoid hitting the police cruiser.
Warren struck the back of a Ford Crown Victoria, which in turn rammed into Guidry's Ford Focus.
City-parish attorneys had argued that Sices was stopped in the center turning lane because he was preparing to turn into a parking lot to wait for Warrant, not to block the road.
A witness to the accident said that it appeared as if Sices had jumped a curb to go around traffic and pulled into the turning lane as Warren quickly approached head-on, according to court records.
City-parish attorneys also argued in court filings that officers were not in "pursuit" of Warren.
"They denied pursuing him but they admitted their lights were on and they were trying to catch up with him," Burgess said.
The $693,782 includes $150,000 for pain and suffering and $543,782 for past and future lost wages. Earles has yet to sign the formal judgment.
Burgess said Guidry's debilitating back injuries have kept her from returning to her job as a nurse.
Warrant, who is liable for paying 60 percent of the damages, was initially charged with operating a vehicle while intoxicated (fifth offense), disobeying a traffic signal, hit-and-run driving and driving with a suspended license.