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Dr. Virendra Charan, et al. v. James L. Bowman, et al.
Date: 08-15-2007
Case Number: 2006 CA 0882
Judge: McClendon
Court: Louisiana Court of Appeal on appeal from the Circuit Court Tangipahoa Parish
Plaintiff's Attorney: Daniel C. Vidrine and Todd C. Comezux, Baton Rougle, Louisiana
Defendant's Attorney: Charles C. Foti, Jr., Attorney General, Thomas D. Fazio, Special Assistant Attorney General, Baton Rouge, Louisiana
The State of Louisiana through the Department of Transportation and
Development DOTD appeals a judgment holding it patiially liable for an
automobile accident that occurred on a bridge in its care custody and control
during adverse weather conditions After a thorough review of the record we
reverse.
FACTS AND PROCEDURAL HISTORY
Early on the foggy morning of January 31 1997 a life threatening car
accident occurred on the Louisiana Highway 1 bridge spanning the Morganza
Floodway the Morganza Floodway Bridge The driver of a 1995 Ford Ranger
pick up truck attempted to pass an eighteen wheeler on the two lane bridge and
collided head on with a 1988 Volkswagen Fox driven by Deependra Charan As a
result of the accident the driver of the pick up truck James L Bowman sustained
relatively minor injuries Deependra however sustained a traumatic brain injury
leaving him in a chronic vegetative state since the accident Following the
accident Bowman was cited for improper passing driving under a suspended
license driving while intoxicated DWI third offense and later arrested He pled
guilty to third offense DWI and first degree negligent injuring and was sentenced
to five years incarceration for each offense to be served concurrently.
Dr Virendra Charan and Bindu Charan the parents of Deependra filed a
petition for damages individually and on behalf of Deependra against various
defendants including DOTD In the petition the plaintiffs alleged that DOTD was
liable based on its alleged negligence in defectively designing and constructing the
bridge and in failing to reduce the speed limit and designate the bridge as a no
passmg zone Following a four day trial the jury rendered a verdict in favor of
the plaintiffs assessing DOTD with thirty percent fault in causing the accident and
awarding the plaintiffs $21,350,000.00 in general and special damages The
damage award was reduced to $21,060,913.52 pursuant to an unopposed motion
for remittitur peliaining to the amount awarded for past medical expenses.
* * *
DOTD liable We reverse the judgment appealed and dismiss the suit against
DOTD The costs ofthis appeal are assessed to the plaintiffs.
REVERSED AND RENDERED
About This Case
What was the outcome of Dr. Virendra Charan, et al. v. James L. Bowman, et al.?
The outcome was: Based on the foregoing discussion we find that the jUlY erred in finding DOTD liable We reverse the judgment appealed and dismiss the suit against DOTD The costs ofthis appeal are assessed to the plaintiffs. REVERSED AND RENDERED
Which court heard Dr. Virendra Charan, et al. v. James L. Bowman, et al.?
This case was heard in Louisiana Court of Appeal on appeal from the Circuit Court Tangipahoa Parish, LA. The presiding judge was McClendon.
Who were the attorneys in Dr. Virendra Charan, et al. v. James L. Bowman, et al.?
Plaintiff's attorney: Daniel C. Vidrine and Todd C. Comezux, Baton Rougle, Louisiana. Defendant's attorney: Charles C. Foti, Jr., Attorney General, Thomas D. Fazio, Special Assistant Attorney General, Baton Rouge, Louisiana.
When was Dr. Virendra Charan, et al. v. James L. Bowman, et al. decided?
This case was decided on August 15, 2007.