On November 22, 2017, the Louisiana Third Circuit Court of
Appeal, in the case Stutes v. Greenwood Motor Lines, Inc., et
al., affirmed a $30,000,000 judgment arising out of a
collision between a tractor-trailer and a pickup truck in dense
fog. This case illustrates the importance of defense counsel
objecting to a special verdict form that contains separate line
items for general damages that allow for duplication of awards.
A. Background
On January 23, 2013, Gerald Pitre, an employee of Greenwood
Motor Lines, Inc. d/b/a R&L Carriers ("R&L"), was
driving a R&L tractor-trailer in dense fog. After exiting the
interstate, Pitre drove south on Austria Road to its intersection
with U.S. Highway 90, which was controlled by stop signs and
flashing red signals for motorists on Austria Road and a flashing
yellow signal for motorists on Highway 90.
