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October 2007 Archives

October 30, 2007

Client Resources

Hicks, Casey & Foster, P.C. is pleased to announce our relationship with a new client resource, TruckRisk247.com.

TruckRisk247.com is a unique tool administered by Mark Davis, an expert on truck collision response and an experienced high-level risk manager with a major insurance provider. The site offers attorneys and claims representatives immediate and speedy data on the nature of the venue in question, as well as local contact information including independent adjustor contacts, towing, news reports, and counsel.

We are pleased to offer this link to an important and useful defense tool.

October 24, 2007

Rice v. Premier Waste Services

Plaintiff earns $228,000 verdict following $600,000 demand at mediation

Facts: Premier’s driver Lettrecia Clark was operating a trash-hauling truck when she ran a red light at the intersection of Old Dixie Highway and an I-285 exit ramp in Atlanta. Plaintiff, an inspector for the Department of Homeland Security, was riding his motorcycle to work as Ms. Clark pulled into his path at the intersection. Plaintiff essentially laid down his motorcycle through the intersection and struck the rear tire of the Defendants’ truck. Ms. Clark never cooperated with the defense of the case and failed to appear both for her deposition and at trial. Negligence was admitted.

Alleged injury/damages: It was not disputed that Plaintiff fractured multiple bones in his left ankle as a result of the accident and that he had to undergo three surgeries. It also was not disputed that Plaintiff suffered compression fractures at two levels of his back as a result of the accident. It further was not disputed that Plaintiff was forced to miss five weeks of work immediately following the accident. Plaintiff’s total medical expenses were just over $53,000 and his lost income was just under $6,000. The only dispute at trial was the amount of pain and suffering damages Plaintiff was entitled to.

Last offer/Last demand: Plaintiff’s last demand at mediation was $600,000. Defendants’ last offer was $150,000.

Result: $228,047 verdict for Plaintiff

Court: State Court of Fulton County, Georgia

Attorneys: Richie Foster and Pamela Newsome for defendants; Mike Webb and David Zagoria of Webb & Zagoria for plaintiffs

October 1, 2007

Davis v. Hutcheson

Plaintiff awarded $3,315 in admitted liability case


Facts: HCF represented Columbia National Insurance Company as an underinsured motorist carrier in this case. The plaintiff (who was an employee of Columbia’s policyholder) was rear-ended by Defendant Hutcheson at an intersection in Milledgeville, GA. Negligence was admitted.

Alleged injury/damages: Plaintiff claimed injuries to his neck, back, shoulders and knee. Plaintiff underwent knee surgery for a torn meniscus. However, it was apparent from the evidence that the knee injury was not caused by the accident. Plaintiff claimed total medical expenses of $14,938 and lost income of $2,310.

Last offer/Last demand: Plaintiff demanded $110,000 at trial. Defendant’s liability insurer tendered its $25,000 limits, but this tender was never accepted by Plaintiff. Columbia made no offers of settlement.

Result: $3,315 verdict

Court: Superior Court of Wilkinson County, Georgia

Attorneys: Johnny Mitchell for Defendant acted as lead counsel at trial; Richie Foster and Pamela Lee for Columbia; Malcolm Lindley and Sam Rumph of Lindley & Powell for Plaintiff.