Trial Magazine

Bert Jessmon and his father worked for a private trash collection company and were out on a route, with Jessmon’s father driving and Jessmon riding on the back of the truck. They stopped on a rural two-lane highway, and Jessmon left the truck and began walking to pick up a trash can. At the same time, a W.A. Kendall & Co. wood chipper truck stopped behind the trash truck.

Elizabeth Smiley, who was traveling in the same lane, came upon the trucks and stopped behind them. After confirming that the oncoming lane was clear, Smiley began passing the vehicles on the left. As she was nearly past the chipper truck, the driver pulled out, striking the car. It spun clockwise, striking and pinning Jessmon between the car’s driver side and the rear of the garbage truck. 

Jessmon sustained severe crush injuries to both legs, and his right leg was nearly severed above the knee. His femoral artery was severed, and he began bleeding profusely. A bystander with Army medical experience applied a tourniquet while emergency responders were called.

Jessmon, 31, was transported to the hospital, where he had surgery on both legs. His right leg could not be saved and was amputated above the knee. He wears a prosthesis and suffers phantom pain in the leg. After months of therapy, he is now able to walk with the prosthetic.  His left leg sustained significant orthopedic injuries, resulting in multiple fixation surgeries. His past medical expenses were about $600,000. He has been unable to return to work.

Jessmon sued W.A. Kendall and its driver, alleging that he was negligent in failing to keep a proper lookout and striking Smiley’s car. The lawsuit also named Smiley, but she was dismissed after W.A. Kendall and its driver admitted liability shortly before trial.

The parties settled on the first day of trial for $11 million, paid by the defendants’ joint insurer. 

Citation: Jessmon v. W.A. Kendall & Co., No. 15-C-01250-S6 (Ga. St. Ct. Gwinnett Cnty. Nov. 14, 2016).

Plaintiff counsel: AAJ members Brandon L. Peak, Tedra L. Cannella, Ramsey Prather, and Rory A. Weeks, all of Atlanta and Columbus, Ga.; and Gerald Davidson, Lawrenceville, Ga.