By Adrian Angelette
The second man injured in a Jan.4, 2004, accident between a pickup and an 18 wheeler settled his lawsuit for $1.2 million against the trucking company and the insurance companies on Monday.
Richard Jackson, 24, of Walker, agreed to settle his lawsuit against Mike's Trucking Co., owner of the 18 wheeler, Locke Meredith, Jackson's attorney, said.
Jackson was the passenger in the pickup struck from the rear by the 18 wheeler. He suffered multiple injuries, including brain damage, Meredith said.
The insurance companies are Star Insurance Co., Nutmeg Insurance Co., and Twin City Fire Insurance Co.
In late March, a jury awarded the pickup's driver, Shane Collins, 29, of Walker, $15.5 million in damages for brain damage and other injuries. The jury awarded another $1 million to Collins' parents, Sam and Barbara Collins, for loss of consortium with their son after a trial in state District Court in Baton Rouge.
Meredith represents the Collins.
The trucking company's attorney, Jim Pate of Lafayette, confirmed the settlement terms Monday. Pate said the company, which he described as a "mom and pop operation" is no longer in business and exists in name only.
Pate said his client doesn't have the money to cover the damage awards in connection with the accident.
A May 5 hearing will begin the process of determining how the damage awards will be paid by the trucking company and insurance companies involved in the lawsuits.
Before the trial began, Mike's Trucking accepted complete responsibility for the accident, according to court records. The trial was held solely to determine damages.
There was no testimony during the trial about what caused the accident, but it appears that the truck driver, Dwight Daigle, was not paying attention, Sean Fagan, Collins' attorney, has said.
The plaintiffs claim the truck, carrying 28 tons of sand, had defective brakes and also contend the driver was speeding.
Daigle was charged with negligent injuring, driving without a license and careless operation. According to court records, the negligent injuring and careless operation charges were dismissed, and Daigle paid about $160 in fines and court costs for driving without a license.
Fagan has said the accident occurred about 9 a.m. on La. 3034 while Collins was heading to his job at DEMCO. Collins had the left-turn signal light on and was waiting for traffic to clear when an 18 wheeler hit him from behind.
The crash catapulted the pickup into a patch of trees.
Collins suffered brain damage that has reduced his mental capacities to that of an 8-year-old, Meredith said. Court records also indicate that he suffered paralysis of the right side of his body, as well as injuries to his spine, eyes, shoulder and mouth.
Meredith said Jackson suffered brain damage that has resulted in the memory loss and other neurological defects. Jackson also suffered injuries to his spine and shoulder, Meredith said.
"There were no blood clots in his brain like Shane Collins, But Richard's injuries are still very disabling," Meredith said.
Meredith and Pate said the parties agreed that reasonable damages in this case would be $1.2 million. Meredith said the judicial interest would add another $200,000 to that damage award.
