Gaspard sues city of Kaplan, police jury because of pothole

A passenger who was thrown off a Harley Davidson motorcycle after it hit a pot- hole is suing the town of Kaplan and the Vermilion Parish Police Jury.

Straton Gaspard recently filed a lawsuit in the 15th Judicial District Court naming Kaplan and the Jury as responsible for allowing a pot-hole to exist on North Boudreaux Avenue in Kaplan. Gabe Duhon LLC of Abbeville filed the law suit. The three lawyers representing Gaspard are Duhon Dustin Gibson and Wyman E. Bankston.

According to the lawsuit, Gaspard was a passenger on a motorcycle driven by Troy Guidry on March 9, 2011. The Harley was traveling south on North Boudreaux Avenue in Kaplan. The bike rolled over a hole and

standing water in the roadway, which caused Guidry to lose control of the motorcycle, and the bike veered right, ran off the North Boudreaux Avenue and collided with a ditch, the lawsuit stated.

The lawsuit states that Guidry was not given in any kind of warning of the “defective condition” in the roadway and was “not prepared when the motorcycle’s tires came into contact with the hole and/or standing water.”

Gaspard is saying in the lawsuit that Kaplan/the police jury :

• failed to maintain North Boudreaux Avenue for safe conditions.

• failed to restrict traffic from traveling on North Boudreaux Avenue while it was defective.

• did not have warning signs on North Boudreaux.

Because of the accident, the lawsuit states that Gaspard injured his right arm, and is in pain, discomfort, forcing him to seek medical treatment, including emergency surgery and physical therapy.

Gaspard is asking, in the lawsuit, that Kaplan and police jury be liable for past, present and future physical pain and suffering or disability.

• past, present and future mental and emotional distress or disability.

• past, present and future lost of enjoyment of life.

• past, present and future medical expenses, along with lost wages.