Trial Magazine

Cajun Contractors, Inc., was the general contractor on a rooftop pool renovation project at the Crowne Plaza Hotel Atlanta-Midtown. The project involved demolition of the pool deck’s cabanas, among other things.

While parked at the hotel’s taxi stand, Max Laguerre, 50, was standing outside his vehicle on the sidewalk when an eight-foot metal pipe fell from the four-story roof deck. The pipe hit Laguerre’s head and face, causing him to suffer a broken nose and two black eyes. He had surgery for his broken nose and continued to suffer from headaches. More than three years later, Laguerre was diagnosed as having a concussion and a traumatic brain injury. He continues to experience severe headaches, irritability, memory loss, and visual disturbances.

Laguerre sued Cajun Contractors and the owners, operators, and controllers of the hotel for negligence, negligence per se, premises liability, and negligent supervision and retention. He claimed that the defendants failed to take safety precautions to protect pedestrians near the hotel during the construction, including erecting netting and fencing or placing warning signs. Suit also alleged the contractor violated state and local building codes related to overhead work sites.

The plaintiff did not claim lost income or medical expenses.

Laguerre settled with the hotel defendants for $1 million before trial. The jury awarded $5.5 million against Cajun Contractors, finding the defendant 100% at fault. The award includes more than $500,300 in punitive damages.

Citation: Laguerre v. Cajun Contractors, Inc., No. 17A64087 (Ga. St. Ct. DeKalb Cnty. June 20, 2019).

Plaintiff counsel: AAJ members Bethany L. Schneider and Betty Davis, both of Atlanta.