Finch McCranie partner Steven R. Wisebram recently recovered $3.45 million for the surviving family of a 67-year-old man who died from injuries suffered in tractor-trailer collision. The fatal wreck occurred in a construction project on NB I-85 in Coweta County, Georgia. At the time of the multi-vehicle collision, it was raining heavily and water was pooling on the travel lanes.
Suit was originally filed against the Georgia Department of Transportation (GDOT) and McCarthy Improvement Company (GDOT’s construction contractor) for improper maintenance of roadway drainage, and against the truck driver and FFE Transportation Services, Inc. (the trucking company) for driving too fast, following too close and not keeping a proper lookout.
Shortly before trial, GDOT and McCarthy settled for $1.75 million. The trucking defendants never made an offer before trial, apparently looking to apportion fault onto the settling defendants and other nonparties. In addition, the trucking defendants brought in national counsel from Dallas, Texas to try the case.
After 3 days of hard-fought trial, and after presentation of the Plaintiff’s case, the trucking Defendants made their first offer, eventually resulting in a $1.7 million dollar settlement by the trucking defendants. The $3.45 million recovery is especially satisfying in light of the fact that the Plaintiff’s decedent was not only in his late sixties, but was retired with a number of serious health conditions (morbid obesity, diabetes, and severe cardiac and respiratory issues).