Clear liability trucking case nets $96,000 for three plaintiffs
Facts: HCF’s client was J&P Hall Express. J&P’s driver made a left turn into the path of plaintiff, who had her two small children in the car with her. Plaintiff collided with the rear of Defendant’s trailer at rear tandems. Though defendant’s negligence was clear, Defendant argued that Plaintiff driver was comparatively negligent and failed to avoid the consequences of Defendant’s negligence (there was no available comparative argument for the minor passengers.
Alleged injury/damages: Plaintiff driver suffered broken foot and other soft-tissue injuries as a result of the accident. Plaintiff’s daughter struck head and suffered minor fracture of skull. Plaintiff’s son had perforation of intestine due to seatbelt injury. Plaintiff driver’s medical expenses were $36,000. Plaintiff daughter’s medical expenses are $10,000 and plaintiff son’s medical expenses were $16,000.
Last offer/Last demand: Plaintiff’s last demand was $375,000. Defendants’ last offer offer was $250,000.
Result: Combined verdict of $96,000
Court: State Court of DeKalb County, Georgia
Attorneys: Richie Foster and Mike Crawford for defendants; John K. Fitzgerald for plaintiff