|
|
|
|
Tractor Trailer Accident -
$2,325,000.00 |
|
Ivey Lee Anderson, as
surviving spouse of Diane Gordon Anderson, Alphonia
Jackson
as executor of the estate of Diane Gordon Anderson,
and Barry Arline, as surviving
parent of Brenika Ashiana Arline
vs.
Interstate Distributor Co., Donald Lewis Smith and
Westport Insurance Corporation
Twiggs County Superior Court
Civil Action File No.: 2001-V-2265
Liability Facts: On July 15, 2000 Tina Jackson, age
27, was driving a 1991 Mercury Cougar westbound on
Interstate -16 with four passengers in her vehicle,
two of which were Diane Gordon Anderson, age 43 and
Brenika Ashiana Arline, age 2. They had left Dublin,
Georgia where they lived heading towards Macon to go
to a shopping mall when the car started to overheat.
They pulled off at the next exit at a gas station
and put water in the radiator, refusing assistance
from a tow truck operator and decided to turn around
heading eastbound on Interstate - 16 going back
towards Dublin driving over 40 mph in the slow lane.
At that time they were approached from the rear by a
tractor trailer vehicle being driven by Donald Lewis
Smith, which was owned by Interstate Distributor
Co., and due to the speed difference between the
vehicles, the tractor trailer truck tapped the
Jackson vehicle in the rear, sending the car into a
slow spin causing it to cross over the eastbound
lanes, traveling over the grass median, and upon
entering the westbound lane was instantly struck by
a tractor trailer truck which was traveling
westbound on Interstate - 16. Both accident
reconstruction experts hired by the Plaintiff's and
the Defendant's placed the speed of the Jackson
vehicle at approximately 52 mph and the speed of the
tractor trailer driven by Donald Lewis Smith at
approximately 69 mph at the time when the two
vehicles initially made contact. Plaintiffs
contended that defendant Donald Lewis Smith prior to
and at the time of impact was operating his tractor
trailer rig in a careless, reckless and unsafe
manner, failed to keep a proper lookout, failed to
keep his tractor trailer under control and failed to
allow proper distance between his tractor trailer
and the vehicle ahead of him in violation of O.C.G.A.
Section 40-6-49. The case was on the trial calendar
for the week commencing April 16, 2002 regarding the
two wrongful death claims of Diane Gordon Anderson
and Brenika Ashiana Arline and settled through
mediation on April 5, 2002. This case was a
companion lawsuit to the previously settled wrongful
death claims of Tina Jackson and Keshay Jackson
which settled for $3,500,000.00 in January, 2002
after two days of trial in the Twiggs County
Superior Court.
Injury: The collision killed Diane Gordon Anderson,
Brenika Ashiana Arline and two of the other
occupants, critically injuring the fourth passenger
who was the only surviving person in the Jackson
vehicle.
Medical Experts: Plaintiff's: accident
reconstruction expert was Julian "Bucky" Beaver
expert economist was William Francis Rushing
Defendant's: accident reconstruction expert was
Thomas Vadnais
Medical Expenses: none
Settlement: $2,325,000.00
Attorneys: Plaintiff's: Robert A. Falanga, Falanga &
Chalker and
W. McMillan Walker
Post Office Box 730, Dublin, Georgia 31040
Defendant's: D. Gary Lovell, Jr. and Boyd B. Newton;
Carlock, Copeland, Semler & Stair
P.O. Box 56887, Atlanta, Georgia 30343
| |
|
 |
| |
|
|
|
 |
|
|
|
|
Atlanta Georgia
800-564-0006 |
|
|
