Walter Dukes wins Summary Judgment for Contractor in Amputee Case
Dukes, Dukes Keating & Faneca, P.A. (Gulfport/Hattiesburg, MS) is pleased to announce that Walter Dukes recently won summary dismissal for his client, a regional general contractor, following a lawsuit arising out of a single-vehicle motorcycle accident. As a result of the accident, the plaintiff
suffered massive damages, including amputation of his leg. Plaintiff was also discharged from his military service due to the amputation and suffered other pecuniary losses, including lost work time and exorbitantfuture medical costs associated with prosthetic device replacements. Actual damages neared one million dollars.
Plaintiff, an experienced motorcycle driver, alleged he lost control of his motorcycle in debris left in the roadway by the contractor. The plaintiff's claims of negligence involved both the placing of the debris in the roadway as well as an alleged failure to remove. Dukes successfully argued that there was not a scintilla of evidence that the contractor was negligent. More specifically, the Court found that no duty existed upon the contractor as it could not be proven the contractor "actually create[d] the hazardous condition." This finding was made despite evidence in the record that the contractor was working
nearby and was using the road to transport equipment. However, regardless of such evidence, Dukes forced the court to recognize the connection of the accident to the contractor could not be made, and therefore, the contractor was dismissed from the lawsuit.