Trucking Liability | 5-Day Jury Trial | Morgan & Morgan | $6M Demand | Net Verdict $14,500| PFS Previously Filed -Defendants Seeking Costs and Fees | Plaintiff found 60% At Fault | Taylor County
On April 12, 2024, Managing Partner John Bringardner, Esq., Junior Partner Tabitha Jackson, Esq. and Associate Alexis Oldham, Esq. obtained a favorable result in a trucking liability matter in Taylor County in matter styled Plaintiff v. Trucking Company and Defendant Driver. Plaintiff filed suit against a trucking company and its driver as a result of alleged injuries she sustained at the Foley Georgia Pacific Mill in Perry, Florida. Plaintiff worked as a ground rover, directing traffic in and out of the mill. At the time, she waved the defendant driver in to check his truck. While the defendant driver was having his paperwork and truck checked, Plaintiff waved in another vehicle (improperly and against her training). Just prior to the accident, two vehicles (including the defendant driver) were parked side by side in the thoroughfare. At all relevant times, there was a one vehicle in and one vehicle out policy. While both vehicles were side-by-side, Plaintiff waved in the defendant driver through the gate. Immediately after, the defendant driver’s trailer made contact with the second truck (improperly guided to the spot in the thoroughfare via Plaintiff). Plaintiff had caused herself to be “caught” between the two vehicles. Thankfully, she was able to avoid danger, as she rolled under the parked truck. The jury found that Plaintiff herself was 60% at fault in permitting two vehicles in the thoroughfare at the same time (against her training and policies), and responsible for directing and “waving” defendant driver into the gate. Jury found no permanency/pain and suffering.
Plaintiff claimed that the defendant driver operated his vehicle negligently at the mill, hit a parked vehicle, and as such – caused Plaintiff to be caught between the two vehicles. Plaintiff was forced to fall to the ground, sustaining (allegedly) permanent injuries. All parties to the suit admitted and CCTV showed the Plaintiff herself waved the Defendant driver into the mill. Evidence further proved that Plaintiff herself created the chaos and multiple vehicle situation at the time of incident.
Plaintiff demanded $6,000,000 during closing. The jury returned a verdict of $42,436.00. After setoffs for medical benefits from Plaintiff’s worker’s compensation carrier, the net verdict was $14,500. Defendants had previously filed a Proposal for Settlement exceeding the amount awarded, permitting Defendants to seek costs and fees pursuant to § 768.79, Florida Statutes. Read More
