Trucking death case nets $762,000 verdict for plaintiff
Facts: HCF’s clients Roberts Trucking and its driver, Terry Swanson. Mr. Swanson was traveling east on Ga. Highway 140, a two lane highway in Floyd County, GA. The east bound lane widened to two lanes as it approached the Bartow County line. Mr. Swanson entered the newly formed eastbound left lane attempting to pass a vehicle operated by co-defendant Henderson. Henderson did not see the Roberts Trucking tractor trailer in the passing lane as Henderson attempted to merge into that same lane. The left-rear corner of Henderson’s vehicle contacted the front, right corner of the Roberts Trucking tractor. This contact caused Henderson to lose control of his vehicle and be thrown into the oncoming lane of traffic. The plaintiff vehicle was approaching in the westbound (i.e. oncoming) lane and collided with the Henderson vehicle.
The operator of the plaintiff vehicle was hospitalized for four days with various contusions and orthopedic injuries. The plaintiff passenger survived about 24 hours before dying of complications resulting from the trauma.
Plaintiff alleged that Roberts Trucking was negligent by cutting across a gore as it entered the newly formed passing lane. Although there was no direct evidence on this point, Georgia was a joint-and-several liability state at the time and the plaintiff needed only to prove that Roberts Trucking was at least one-percent negligent to recover a full verdict against Roberts Trucking. The jury ultimately found against Roberts Trucking on liability.
Alleged injury/damages: Orthopedic and soft-tissue injuries to plaintiff driver; wrongful death of plaintiff passenger. Total combined medical specials of $60,000.
Last offer/Last demand: Plaintiff demanded Roberts Trucking’s $1 million liability policy limits. Defendant Roberts Trucking offered $50,000. Co-defendant Henderson settled pre-trial.
Result: $762,000 combined net verdict
Court: Superior Court of Floyd County, Georgia
Attorneys: Richie Foster and Erica Morton for defendants; Frank Jenkins for plaintiff