4,000,000 | Tractor Trailer
Cash Settlement - 11/2009. Plaintiff v Anonymous Trucking Company Georgia. Plaintiff was killed when his vehicle was struck by a tractor trailer whose driver was inattentive and going too fast for conditions. Our investigation showed that the truck was negligently maintained, that the driver had a bad driving history, and that the employer had not completed a pre-hiring investigation prior to allowing this driver on the road. The identities of the parties are confidential at defendants' request
Tractor Trailer Wreck/Improper Turn/Conspicuity
Confidential Cash Settlement - 7/10/06. Plaintiffs v. Anonymous Defendant and Insurance Company, State Court of Fulton County, Georgia. Plaintiffs were the two sons of a 72-year old man who was tragically killed when he struck the rear of a tractor trailer that was improperly and dangerously turning at night and blocking two traffic lanes as the father was driving to work. Additionally, some of the rear lights on the tractor trailer were inoperative and the trailer had no reflective tape. After suit was filed and discovery commenced, the wrongful death, personal injury and consortium claims were settled by the defendant and its insurance company prior to trial. At the defendant's request, the amount of the settlement is confidential.
Road Wreck/ Wrongful Death
Cash Settlement - 3/30/06. Mitcham v. The Terminix International Company Limited Partnership, Georgia Department of Transportation, and Travis D. Hart, State Court of Lowndes County, State Court of Fulton County, State Court of Houston County, Georgia. Wrongful death of mother of four; brain damage to eight year-old daughter. Car wreck on I-75 in South Georgia. During a rainstorm, a truck belonging to Terminix slid out of control and crossed the median, striking the family's car. The firm proved that the truck had slick rear tires - one of the rear tires had 87,000 miles on it - and both occupants of the company truck had complained the morning of the wreck that it should not be driven without new tires. They were ordered to go to the job, anyway. The firm also proved that Terminix concealed in discovery key statements of management employees generated shortly after the wreck, which noted Terminix's prior knowledge of the condition of the rear tires on the Terminix truck and noted that the tires needed to be replaced prior to the wreck. The State Court of Lowndes County issued an order detailing the concealment of the statements and assessed attorney's fees against Terminix. Georgia's Department of Transportation was also sued because a blocked highway drain caused rain water to pool on the roadway. The settlement amount is confidential at defendants' request.
$1,000,000 | Wrongful Death
Cash Settlement - 10/19/04. Zalkin v. Navin Enterprises, Inc., et al., The 13 year-old son of plaintiffs was run over after an unoccupied moving truck began rolling downhill towards plaintiffs' front yard. The truck left the roadway in front of the residence and ran over Michael Zalkin who was airlifted to Scottish Rite Hospital where he died from his injuries. The truck was owned by Navin Enterprises, Inc. who operated the truck as a franchisee of Two Men and A Truck/International, Inc. The truck company paid its policy limits without suit being filed.
Tractor Trailer Accident / Wrongful Death
Confidential Settlement
Kerri Hayes, age 17, Jacob Hayes, age 11, and their stepfather James Richardson, were all killed when the small pickup truck in which they were riding was struck by a flatbed tractor trailer near Albany, Georgia. The little pickup was turning left at an intersection, when the tractor trailer ran a red light and "t-boned" the pickup. The tractor trailer driver was distracted and failed to see the Richardson vehicle in time to stop or even slow down prior to impact. Richardson, et al. v. William Scottsman, Inc. and Andrew Kegler, State Court of Fulton County, Georgia (10/28/02).
Truck Accident
Cash Settlement
Plaintiff was injured when hit by a tractor trailer that failed to stop at a red light at an intersection. It was proven that, at the time of the incident, the truck was being driven to Atlanta from Birmingham for brake repairs.
Truck Accident / Wrongful Death
Cash Settlement
Driver of tractor trailer, who had driven too much the week before the wreck and was on numerous medications unknown to his employer, lost control of his truck on a major highway near Atlanta. He crossed through the grassy median and entered oncoming traffic. Plaintiffs, on their way back to Illinois, were struck by the big truck. Mrs. Sandquist died in the collision. Mr. Sandquist sustained serious injuries.
Large Truck Collision / Defective Shift Mechanism / Wrongful Death
Cash and Structured Settlement
Surviving widow and children of decedent sought damages when a large truck stopped in a multi-lane highway when an axle shift mechanism malfunctioned. Hancock v. Unnamed Defendants, State Court of Fulton County, Georgia (3/10/99).
Tractor Trailer / Tow Truck Wreck / Wrongful Death
Cash and Structured Settlement
The spouse and eight surviving children of decedent brought suit for wrongful death against trucking company and wrecker service, which was towing the disabled defective tractor trailer rig when decedent collided with rear of rig in pre-dawn darkness. Akins v. Crider Poultry Co., Inc. and Jennings Towing and Recovery International, Inc., et al., State Court of Fulton County, Georgia (6/16/97).
Truck Accident
$750,000 Cash Settlement
Policy limits settlement for personal injuries including mild closed head injury sustained when tractor trailer rig hydroplaned, blocking lanes of traffic and causing a collision. Jarrell v. R.K. Wright Trucking Co., Inc. and John Deere Insurance Co., et al., State Court of Muscogee County, Georgia (12/2/96).
Truck Accident / Wrongful Death
$1,200,000 Cash Settlement
A 56-year-old woman was killed when the car in which she was riding was struck by a sheet rock truck. Collett v. Thacker North Inc., et al., State Court of Forsyth County, Georgia (11/22/96).
Lumber Truck and Motorcycle Accident / Personal Injury
$1,019,860.16 Cash and Structured Settlement (expected payout, with present value of $800,000)
A 54-year-old body shop worker was struck by a lumber delivery truck while riding a motorcycle. The plaintiff sustained a severed aorta, multiple broken ribs, and nerve damage as well as aggravation of a prior back injury and was disabled from resuming the duties of his employment. Jerry Thomas v. Ply-Marts, Inc., State Court of Gwinnett County, Georgia (3/5/96).
Truck Accident/ Wrongful Death
Structured Settlement
A mother was killed and her young son/passenger sustained a traumatic brain injury when the passenger vehicle they were riding in struck and traveled underneath a tractor trailer rig making a left turn onto a state highway in the pre-dawn darkness. Claims were made against the trailer manufacturer and trucking company for failing to equip the trailer with retroreflective tape to improve the conspicuity of the rig under nighttime conditions. Claims were also made based on the truck driver's negligence. Compton, et al. v. Major Tractor Trailer Manufacturer and Trucking Company, United States District Court, Middle District of Georgia, Columbus Division (9/29/95).
Truck Accident / Wrongful Death
$1,000,000 Cash Settlement
Wrongful death of a 32-year-old truck driver who was killed when an employee of the defendant corporation ran a red light at a busy intersection. The case was settled by the defendant's insurer shortly prior to trial. Hanlon v. Harry's Farmers Markets, Inc., et al., State Court of Fulton County, Georgia (2/13/95).
Tractor Trailer Wreck / Wrongful Death
$1,575,000 Settlement
Robert Alderson, age 27, was killed when his pickup truck was struck by a tractor trailer owned by Conway Southern Express. A claim was brought by his common-law wife. In Re: Estate of Robert A. Alderson v. Conway Southern Express. (10/27/94).
Truck Accident / Wrongful Death
$1,175,000 Verdict Wrongful death of 44-year-old wife and mother of two grown children, with no economic losses. Plaintiffs proved that dump truck was speeding and had unsafe equipment. Verdict included an award of $50,000 for pre-impact fright, shock and terror. Christopher M. Kyzer, In His Representative Capacity As Administrator of the Estate of Ruth Kyzer, Deceased and Larry A. Kyzer v. Metro Atlanta Trucking Company, Inc., Johnny McFadden, and Credit General Insurance Company, Superior Court of Clayton County, Georgia (4/8/94).
Tractor Trailer Accident / Wrongful Death
$900,000 Cash Settlement
Wrongful death of an 18-year-old high school student caused when tractor trailer traveling at excessive speed approached a minor collision and overturned, pinning the decedent and causing his death. Williams v. N.K. Hurst Co., Inc., et al., United States District Court, Middle District of Georgia, Columbus Division (3/24/94).
Dump Truck Accident
$779,325 Structured Settlement (present value - $475,000)
A 29-year-old construction worker was run over by a dump truck on a construction site resulting in orthopedic injuries, nerve damage and permanent partial disability. Lasseter v. M&M Trucking Company, Inc. and Curtis Provost, Circuit Court of Russell County, Alabama (2/4/94).
Dump Truck Auto Collision / Wrongful Death
$700,000 Cash Settlement
Wrongful death claims for a 98-year-old woman and her 72-years-old daughter resulting when dump truck failed to yield right of way. Amos, et al. v. Maxey Brothers, Inc., et al., Superior Court of Oconee County, Georgia (8/15/93).
Tractor Trailer Accident / Wrongful Death
$1,750,000 Cash Settlement
A 46-year-old truck driver died when struck as a pedestrian by a tractor-trailer rig. Decedent's wife witnessed the aftermath of collision and settlement included claims for her emotional distress in addition to wrongful death and estate claims for her deceased husband. Hutcherson v. The Progressive Corporation, Progressive Casualty Insurance Company, TABS, Inc., and Carl E. Hicks, United States District Court, Northern District of Georgia (7/12/93).
Large Truck Collision / Wrongful Death
$755,000 Cash Settlement
A 41-year-old registered nurse died when her vehicle struck a disabled large building supply truck stopped in her lane of travel. Turner v. American Builders and Contractors Supply Company, Inc. and Carl Anthony Richardson (5/24/93).
Truck Accident
$715,225 Cash and Structured Settlement ($207,500 cash paid at settlement, plus annuity with $100,000 present cash value)
A 13-year-old passenger sustained a fractured hip and lacerations when a tractor trailer struck his vehicle. Barber v. Ryder Distribution Resources, Inc. and Old Republic Insurance Company (3/15/93).
Motorcycle and Truck Accident
$800,000 Cash Settlement
Multiple fractures to 34-year-old construction worker when his motorcycle was hit by Defendant's moving truck making an illegal U-turn. 12/23/92 - Liddell v. K.D. Curry Enterprises, State Court of Fulton County, Georgia.
Tractor Trailer Accident / Wrongful Death
$710,000 Cash Settlement
Wrongful death of homemaker following impact with tractor trailer truck that was illegally parked along residential street. Miller v. J&M Tank Lines, Inc., et al., United States District Court, Middle District of Georgia (5/15/92).
Tractor Trailer Accident / Wrongful Death
$5,000,000 Cash Settlement
Tractor trailer turned over at interstate north of Atlanta, injuring the parents of our clients, both of whom died at the scene.
Truck Accident
$10,533,336 Structured Settlement (present cash value $4,100,000)
Brain damage and severe physical injury to 38-year-old man in collision between tractor trailer truck and car. Thompson v. Schneider Transportation, Inc., United States District Court, Middle District of Georgia, Macon Division (7/12/91).
Truck Accident / Wrongful Death
$8,501,000 Verdict
Wrongful death of a 23-year-old man following impact with a tractor trailer truck whose driver was 'playing 'passing games' on a two-lane highway. Decedent drove onto shoulder of road in attempt to evade impact with tractor trailer truck. Avant v. Coleman-American Companies, Inc., et al., State Court of Muscogee County, Georgia (6/24/91).
Truck Accident
$1,500,000 Cash Settlement
Tractor trailer wreck resulting in severe facial injuries, blindness in one eye, and a broken femur. Huguley v. Lumber Transportation, Inc., State Court of Cobb County, Georgia (2/28/90).
Truck Accident / Wrongful Death
$ 670,650 Verdict.
Improper turn by tractor trailer truck driver causing collision which resulted in injuries to and death of a 67-year-old retired factory worker. Brown v. Seaboard Farms, Inc., Superior Court of Fulton County, Georgia (4/20/89).
Truck Accident / Wrongful Death
$ 4,908,453 Structured Settlement (present cash value - $1,498,381)
Wrongful death of 50-year-old bicyclist caused when truck pulling oversized load without escort vehicle passed decedent and blade of bulldozer being hauled on lowboy hit decedent in neck. Negligent entrustment and hiring - driver had long history of reckless driving; proved inadequate safety program. Sullivan v. Tugalo Construction Company, State Court of Fulton County, Georgia (4/7/89).
Truck Accident
$500,000 Cash Settlement
Soft tissue injuries to spine and suspected permanent neurological impairment caused by collision with tractor trailer. Hughes v. National Service Lines of New Jersey, Inc. and Michigan Mutual Insurance Co., State Court of Fulton County, Georgia (9/29/88).
Truck Accident
$550,000 Verdict ($350,000 punitive damages)
Broken jaw and lacerations in tractor trailer collision. Tractor trailer speeding around curve - canvas straps securing load of lumber broke; lumber crashed into plaintiff's pickup truck. Proved knowing violation of Alabama law regulating method for securing loads on flatbed trailer. Davis v. Great Southern Wood Preserving, Inc., United States District Court, Middle District, of Georgia, Columbus Division (6/28/88).
Tractor Trailer Accident / Wrongful Death
$30,256,768 Verdict ($28.5 million in punitive damages) (Case settled after verdict)
Wrongful death of 29-year-old housewife and factory worker.
Tractor Trailer Accident
$450,000 Verdict
Three vehicle collision, including tractor trailer; knee injury. $100,000 punitive damages. Only $15,000 was offered. Clark v. Roadway Express, et al., Superior Court of Harris County, Georgia (6/20/84).
At Butler, Wooten & Fryhofer, LLP, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death, and product liability litigation. Contact us today. We would be happy to discuss your case with you.
