Failure to remove gravel from county roadway

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Case in Point

June 26, 2012

Failure to remove gravel from county roadway 

The plaintiff alleged that the county violated its statutory duty to properly secure the gravel as it was hauled in and out of driveways for use in road repair. Suit also claimed the defendant had negligently created a roadway hazard. The parties agreed to a $2 million structured settlement. Lamoureux v. Woodbury Co.

Justin Lamoureux, 26, was riding his motorcycle on a paved county roadway. As he negotiated a curve, he encountered a pile of gravel about as large as a pickup truck. He lost control of the motorcycle and crashed, causing him to suffer paraplegia and a closed-head injury. His medical expenses were about $650,000. He had been a welder earning $30,000 annually.

Lamoureux sued the county, alleging it violated its statutory duty to properly secure the gravel as it was hauled in and out of driveways for use in road repair. Suit also claimed that the defendant had negligently created a hazard on the roadway.

The defense argued that the plaintiff had been drinking before the accident and failed to prove that county vehicles had spilled gravel on the roadway.

The parties agreed to a $2 million structured settlement.

Citation: Lamoureux v. Woodbury Co., No. LACV143082 (Iowa, Woodbury Co. Dist. Mar. 20, 2012).

Plaintiff counsel: AAJ member Timothy S. Bottaro, Sioux City, Iowa.

Plaintiff experts:  Robert Reed, safety, Columbus, Ohio; and Jerome F. Sherman, economics, and Lisa J. Pollard, life-care planning, both of Omaha.

Defense expert: Robert Sperry, transportation, Ames, Iowa.


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