Head-on collision: Driving while intoxicated: Negligent entrustment: Leg fracture: Facial lacerations: Settlement

Law Reporter, Sep 2002

Cosse v. Rose, La., Orleans Parish Civ. Dist. Ct., No. 2001-- 3550, Apr. 10, 2002.

Cosse, 42, was traveling on an overpass when a vehicle operated by Rose proceeded up the overpass in the wrong direction, colliding head on with Cosse's vehicle. Cosse suffered multiple injuries, including a leg fracture resulting in a shortening of his right leg, facial lacerations with permanent loss of sensation to the forehead and part of the eyelid, disk herniations, lung contusions, and a closed head injury. His past medical expenses totaled about $150,000, and his future care costs are estimated at about $30,000. Cosse had been a pressman for a newspaper earning approximately $55,000 annually. He is unable to return to work.

Cosse and his wife sued Rose, alleging that he was driving while intoxicated and was negligent in proceeding up the overpass in the wrong direction. Plaintiffs also sued Rose's grandmother, who owned the vehicle Rose was driving, alleging that she had negligently entrusted the vehicle to him.

The parties settled for $3 million, paid in a lump sum. Plaintiffs' experts in this case included John Watermeier, orthopedic surgery, New Orleans, La.; Cynthia Mizgala, plastic surgery, and John Theriot, economics, both of Metairie, La.; John Clark, physiatrics, Baton Rouge, La.; and Cornelius Gorman, vocational rehabilitation, Madisonville, La.

Defendants' expert was William Black, neuropsychology, New Orleans, La.

Plaintiffs' Counsel

Irvy E. Cosse Jr., New Orleans, La.

*Irvy E. Cosse III, New Orleans, La.

An asterisk (*) appearing beside the name of plaintiff's counsel indicates that the attorney is an ATLA member. To obtain additional information about a case report, contact counsel through your ATLA membership directory.