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