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Family of Pedestrian Killed in Truck Crash Files Wrongful Death Suit

Gretna, Louisiana – The family members of a woman who was struck fatally by a large truck in a Harvey crosswalk are suing Jefferson Parish along with the firms who designed that crosswalk. The plaintiffs allege that the accident that resulted in their loved one’s death was a result of the faulty construction of the crosswalk.

Chancellor Decay and Nicholas Decay, the bereaved children of late Desiree Decay Felton, have filed a lawsuit against the parish, Design Engineering Incorporated, Urban Systems Associates Incorporated, and Fleming Construction Co LLC. The lawsuit, which was filed in the twenty-fourth Judicial Dist. Court on 2nd March, also names an unknown engineering firm as a defendant.

The plaintiffs state that on 11th March, 2014, their mom Desiree D Felton was walking across Manhattan Boulevard in Harvey. While in a crosswalk, Desiree was hit by a truck, the suit states. The suit states that on 12th February, 2012, Fleming Construction Co got the contract to expand the Harvey crosswalk, but the work was done in a negligent manner, the suit says. As a result, the pedestrians who have to use the crosswalk were left with a great risk of harm, the plaintiffs say. The Decays allege that the crosswalk as well as the lighting system surrounding it were negligently designed and improperly constructed by the defendant parties. Therefore, the defendants are responsible for the accident that resulted in the death of the plaintiffs’ mother, the lawsuit states. In particular, according to the lawsuit, the crosswalk at issue didn’t have sufficient traffic signals for warning motorists.

Chancellor Decay and Nicholas Decay accuse the defendants of creating a severe and unreasonable risk. Additionally, the defendants allegedly: failed to maintain the road in a reasonably safe manner; failed to design and construct a safe crosswalk; failed to provide sufficient traffic signal lights; failed to provide sufficient curbs and ramps; and failed to provide sufficient lighting.

Because of the large size and heavy weight of trucks, crashes involving them often cause fatalities and/or catastrophic injuries. Truck accident victims and their loved ones have the legal right to sue responsible parties for damages.

In their suit, Chancellor Decay and Nicholas Decay are seeking an undisclosed sum in compensatory damages for: funeral costs; lost income; wrongful death; physical pain and suffering; court costs; and attorney fees.

The case will be presided over by Hon. Cornelius E Regan, the Judge of Division ‘B’ for the twenty-fourth Judicial District.

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