The Louisiana Court of Appeal has reversed a trial court decision and dismissed claims against Volkert, Inc. in a wrongful death case stemming from a fatal car accident on the Lake Pontchartrain Causeway. The court ruled that the plaintiff, Kevin Montgomery, failed to provide sufficient evidence to support his claims against the engineering firm. This decision impacts Montgomery and others involved in the case, as it concludes the legal battle over responsibility for the accident.

The case began when Carolyn Montgomery Diggs was killed in a rear-end collision on November 13, 2019. Kevin Montgomery, her relative, filed a lawsuit against several parties, including the driver of the other vehicle, the Greater New Orleans Expressway Commission, and Volkert, Inc., an engineering consulting firm. The lawsuit alleged negligence on the part of Volkert for failing to design and maintain safety features on the Causeway.

The accident occurred when Diggs was driving southbound on the Causeway and experienced a flat tire. After contacting Causeway Dispatch, she was advised to pull over to an emergency crossover. However, before she could do so, David Dorr crashed into her vehicle at a high speed, resulting in her death. The Causeway police attributed the accident to Dorr's inattentiveness and careless driving.

Montgomery's lawsuit claimed that the absence of safety shoulders on the Causeway contributed to the accident and that both the Causeway Commission and Volkert were responsible for this dangerous condition. The Lake Pontchartrain Causeway, consisting of two parallel bridges, has long been a subject of safety concerns, particularly regarding its lack of emergency stopping areas.

In 2017, the Causeway Commission hired Volkert for a Safety Bay Improvement Project, which aimed to enhance safety by creating designated stopping areas along the Causeway. However, Montgomery argued that the design did not meet contemporary safety standards and that the lack of continuous shoulders made the road hazardous.

After a series of legal proceedings, Volkert sought a summary judgment to dismiss the claims against it, arguing that there were no genuine issues of material fact. The trial court initially denied this motion but later granted a summary judgment in favor of the Causeway Commission, dismissing Montgomery's claims against it.

Volkert's successful appeal led to the recent ruling by the Louisiana Court of Appeal, which found that Montgomery had not provided enough evidence to establish a genuine issue of material fact regarding Volkert's negligence. The court noted that the plaintiff's expert witness had acknowledged that Volkert had fulfilled its obligations under the contract with the Causeway Commission.

The court stated, "plaintiff has failed to carry his burden to produce factual support sufficient to establish the existence of a genuine issue of material fact as to the essential elements of his claims against Volkert or that Volkert is not entitled to judgment as a matter of law."

The court's ruling emphasized that Volkert's duty was to provide design services as specified in its agreement with the Causeway Commission. Since the safety bays were designed and constructed according to the agreed-upon plans, the court concluded that Volkert could not be held liable for the accident.

This ruling has significant implications for Montgomery and others who may have been involved in similar claims against engineering firms and public agencies. By dismissing the claims against Volkert, the court has set a precedent regarding the responsibilities of design engineers in relation to roadway safety.

Going forward, this decision may influence how future lawsuits are approached when it comes to claims against engineering firms for roadway design and safety. It underscores the importance of establishing a clear link between a firm's actions and the alleged negligence that leads to accidents.

As for the possibility of an appeal, it remains unclear if Montgomery will seek further legal recourse following this ruling. The court's decision effectively concludes the legal proceedings against Volkert, but Montgomery may still pursue claims against other parties involved in the case. Details were not available in the court filing regarding any potential related cases.