Results
Tractor Trailer Trucking Cases
Anderson v. Rich's and Hygrade Distribution and Delivery Systems, Inc.
James Anderson was driving his tractor-trailer on an interstate highway when another tractor-trailer being driven by the defendants' employee crossed the median and collided head-on with Mr. Anderson. Mr. Anderson suffered permanent, catastrophic injuries in the wreck. By aggressively investigating the case, the firm proved that the defendants' driver had a driving history that violated the federal DOT's safety regulations. Ultimately, the defendants agreed to pay Mr. Anderson and his wife $7.8 million to settle the claims.
Batten v. Marable-Pirkle, Inc.
Alfred Thomas was driving a truck for his employer, Marable-Pirkle, when he crossed the center line on a highway and struck and killed Lisa Batten, who was driving in the other direction. We represented Ken Batten, Lisa's husband, and secured a settlement of $2 million on his behalf.
Lawler v. Cresco Lines and Georgia Pipe
John Lawler was killed on his way home from work when a truck driver lost control of his rig, slid into the median of the freeway, and ran into the footing of an overhead sign, which fell on Mr. Lawler's vehicle. Through extensive investigation, the firm proved that the truck lost control because a load of PVC pipe on the truck shifted due to improper loading at the pipe company. The firm took this case to trial, during which the driver and trucking company paid their insurance limits of $1 million. The case continued against the pipe loading company, against whom the jury awarded over $1.7 million to Mr. Lawler's parents. The verdict was unanimously affirmed on appeal in Georgia Pipe Co. v. Lawler, 262 Ga. App. 22, 584 S.E.2d 634 (2003).
Perkerson v. Brown Packing Co., Inc. and UPS Truck Leasing, Inc.
Daisy Elzey was driving on a highway and was being tailgated by Jeffrey Goode, who was driving a tractor-trailer for the defendants. She tried to get out of Mr. Goode's way, but he kept following and harassing her. After several lane changes, she lost control and crossed the median, colliding head-on with another tractor-trailer. Mr. Goode's truck never touched Ms. Elzey's car. Ms. Elzey, who was 75 years old and had no living dependents, was killed in the accident. After the firm defeated the defendants' various motions for summary judgment, the defendants agreed to settle the case for $1 million four days before trial.
McDuffie v. Georgia-Pacific Corporation
Kenneth McDuffie was driving his car on a two-lane highway. At that same time, Marvin Ruffin, who was driving a flatbed tractor-trailer, was attempting to turn around on that same highway. Because there was not enough room to turn around, the truck remained across both lanes of the highway for almost a minute. Mr. McDuffie came around a curve and, due to the glare of the sun and the level of the flatbed, could not see the trailer. He ran into the trailer and suffered a severe head injury. We were able to prove that the negligence of Mr. Ruffin caused the wreck, and Georgia-Pacific agreed to pay the McDuffies $330,000 to settle the matter.
Fallis v. Thomas Concrete, et al.
James Fallis was killed on his way home from work while attempting to enter I-75 from an on-ramp. James Arnold had stopped his tanker truck in an active travel lane of the on-ramp, ignoring numerous "No Parking" signs. Mr. Fallis ran into the rear of the parked tanker causing his fatal injuries. The reconstruction expert hired by the family of Mr. Fallis testified that speed was not a contributing factor, and that Mr. Fallis had attempted to steer immediately before the impact to avoid the collision. Mr. Arnold was driving for Thomas Concrete at the time of the collision. Thomas Concrete hired a reconstruction expert who testified that Mr. Fallis negligently drove into the rear of the tanker truck. The family of Mr. Fallis originally demanded the sum of $3,000,000.00 to settle their claims. The parties subsequently settled the case for a significant confidential amount.
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