Motor Vehicle and Truck Accident Case Results
Infant Child Sustains Traumatic Brain Injury in Trucking Accident
An infant boy was a backseat passenger restrained in a child car seat at the time his mother pulled out from a stop sign to cross a highway. A collision occurred between her automobile and a tractor-trailer. An investigation revealed that the tractor-trailer was being operated well in excess of the posted speed limit of 55mph.
The Hollis Wright attorneys had a forensic accident reconstruction analysis performed by an expert. The forensic analysis revealed that if the tractor-trailer had been traveling at or below the 55mph posted speed limit, then the mother's vehicle would have safely crossed the intersection.
As a result of the collision, the little boy sustained a traumatic brain injury associated with permanent neurocognitive deficits, blindness and other physical and developmental deficits.
After two-years of litigation, the case settled a few weeks before trial for a confidential amount.
Joel Knight vs. Sterlin Johnson (Circuit Court of Madison County, Alabama)
On May 10, 2007, Joel Knight was riding a motorcycle along University Drive in Huntsville, Alabama. Having the green light, Mr. Knight proceeded into an intersection and struck the side of an automobile being operated by Sterlin Johnson. In the lawsuit, Mr. Knight contended that Mr. Johnson ran a red light into the intersection and caused the collision. Mr. Johnson tested positive for alcohol in his system. Mr. Knight sustained significant head and facial injuries as a result of the incident and was determined to be totally disabled from an employment standpoint. After a four day trial in January of 2012, the jury returned a verdict in favor of Mr. Knight and awarded a total of $3 million--$2.7 million in compensatory damages and $300,000 in punitive damages.
Eloise Tyler, et al v. P. Gartenmayer and Budget Rental Car (Circuit Court of Leon County, Florida)
The Defendant Gartenmayer rented a car from Budget to use for a college campus tour for her son. She and her son were headed to Florida State University. The plaintiffs, Eloise Tyler, James R. Tyler and J. Tyler were on a family trip. The plaintiffs were in the left lane of I-10 and Eloise was driving. Defendant Gartenmayer attempted to change lanes thereby causing Eloise to swerve and lose control of her vehicle. The Plaintiffs' vehicle flipped several times and James was ejected from the vehicle and killed. Eloise and J. Tyler sustained personal, physical injuries. The Defendants contended that Eloise was comparatively negligent in the operation of her vehicle by overcorrecting and that James Tyler caused his own death by failing to wear his seatbelt.
The case was tried to a Leon County, Florida jury and obtained a total verdict in the amount of $1.45 million.
Tractor-Trailer Accident - Kevin Hopwood v. Clinch Mountain Transport and Kenneth Owen Mills; Circuit Court of Marshall County, Alabama, Albertville Division (CV-03-200117).
Kevin Hopwood was returning from Nashville, Tennessee where he was earlier admitted to C.R.N.A school. While in Guntersville, Alabama, to surprise his mother with the news, a tractor-trailer driven by Kenneth Owen Mills and owned by Clinch Mountain Transport entered his lane of travel in violation of Ala. Code 32-5A-130, which requires left turns be made from the far left lane. The tractor-trailer struck Mr. Hopwood's car, driving it into a tree. It was discovered that Clinch Mountain Transport failed to run an annual safety review on the driver, who had violated the company's hiring standards by having multiple moving violations in the three years prior to the accident. Despite these violations, Clinch Mountain failed to take the driver off the road. In addition to breaking his hand, which required three surgeries, Mr. Hopwood sustained traumatic brain injury, which prevented him from completing C.R.N.A. school. His lost wages alone were in excess of $2 million dollars.
Tractor-Trailer Accident/Head-on Collision - Elizabeth Gautreau v. Charles Junior Hollenquest, an individual; and Sanders Timber Company, a corporation. Civil Action Number 02-T-1271-E in the United States District Court for the Middle District of Alabama. The case was tried to verdict in Lee County, Alabama.
Elizabeth Gautreau and her husband were traveling in a motor home from Gonzales, Louisiana to Washington, D.C. on Highway 80 in Phoenix City , Alabama. Defendant Hollenquest was operating an eighteen-wheel flat bed truck when he came over the top of a hill and saw that traffic had stopped at the foot of the hill. Plaintiff alleged that the truck locked down its brakes and entered the opposing lane of traffic, striking the Plaintiff's vehicle head-on. Plaintiff claimed that Defendant was driving at an excessive speed and had over 600 feet to stop prior to entering the oncoming lane of travel. Defendant countered that he only had 30 feet to stop and the accident was an unavoidable emergency situation. Mrs. Gautreau, a seat belted passenger in the front seat, suffered injuries to the right shoulder from the seat belt for which she later underwent two surgeries. Post-surgical arthritis significantly impacted Mrs. Gautreau's active lifestyle.
An Alabama jury returned a verdict of $250,000.00 for the pain and suffering of Mrs. Gautreau following this accident. All medical bills were paid by Defendant prior to trial.
Mother and Her Unborn Baby Die in Preventable Automobile Accident Circuit Court of Jefferson County, Alabama
A female in her second trimester of pregnancy was involved in an automobile accident. The pregnant female was a passenger in a vehicle where a minor driver was speeding, lost control and ejected multiple passengers, including the pregnant female. The pregnant woman, and her unborn baby, died on the scene.
The lawyers in the firm established a case against the driver of the vehicle on behalf of both the mother and her 24-week-old unborn fetus. The wrongful death cases, on behalf of both the mother and the fetus, were resolved for a confidential amount.
Both wrongful death cases settled for confidential amounts.