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John M. Gaddis
vs.
Thomas T. Mills, ET AL
U.S. District Court for the Northern District of
Geaorgia, Atlanta Division
Civil Action File No. 193-CV-259-MHS
Liability Facts: This was a disputed traffic
accident that occurred between a pickup truck being
driven by Mr. Gaddis and a tractor trailer truck,
owned by Terry Dicks Trucking Company and being
driven by Mr. Thomas T. Mills. Mr. Mills resides in
Lake City, Florida where his employer, Terry Dicks
Trucking Company is located and they were insured by
Fire and Casualty Insurance Company in Connecticut.
This accident occurred on Monday, August 17, 1992,
on westbound I-285 near the exit for Boulder Crest
Road just outside Atlanta, Georgia. Mr. Gladdis was
traveling westbound on I-285 in the second lane from
the median wall. Mr. Mills was also traveling
westbound on I-285 in the lane next to the median
wall. The paintiff contended that Mr. Mills,
suddenly and without any warning, negligently
attempted to change lanes to his right striking an
pushing the plaintiff's vehicle causing Mr. Gaddis t
lose control of his vehicle, overturning numerous
times aeventually striking the median wall. As Mr.
Gaddis' vehicle was flipping, he was ejected through
the driver's side window. The defendant, Mr. Mills
contended that Mr. Gaddis was speeding and attempted
to overtake him on the right side of his truck after
Mr. Mills had already begun to change lanes.
Injury: Mr Gaddis received a laceration over his
left eye, his left ear was torn and resulted in a
complete loss of hearing in his left ear, a
concussion, a fractured skull, and a fractured right
tibia and fibula which resulted in a one week
hospitalization. His ear doctor opined that with ear
surgery he could recover 50 percent of his hearing
in his left ear.
Medical Expenses: Mr. Gaddis' medical bills were in
excess of $15,000.
Loss of Wages: $12,000 at the time of settlement,
Mr. Gaddis had returned to gainful employment.
Settlement: $350,000.00
Attorneys: Plaintiff: Robert A. Falanga, Falanga &
Chalker
Defendant: Robert E.Corry, Jr., lead counsel, and
Fredrick D. Evans,III, co-counsel of Dennis, Corry,
Porter & Gray in Atlanta.
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