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Tractor Trailer Accident
- $3,500,000.00 |
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Alphonia Jackson, as surviving
spouse of Tina Michelle Jackson and
as surviving parent of Keshay Marie Jackson
vs.
Interstate Distributor Co., Donald Lewis Smith and
Westport Insurance Corporation
Twiggs County Superior Court
Civil Action File No.: 2001-V-225S
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,
one of which was her daughter, three year old Keshay
Jackson. 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 proceeded to trial on the
two wrongful death claims of Tina Jackson and Keshay
Jackson and settled on the second day of trial after
the Plaintiff's expert economist testified via video
deposition. This is a record settlement for Twiggs
County.
Injury: The collision killed Tina Jackson, Keshay
Jackson and two of the other passengers, critically
injuring the fourth passenger who was the only
surviving person in the Jackson vehicle.
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
Post Office Box 56887, Atlanta, Georgia 30343
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Atlanta Georgia
800-564-0006 |
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