Trial Magazine

Keith Gordon was driving his car on a highway when Sheldon Thompson, driving a tractor-trailer in the lane to the left of Gordon, attempted to move into Gordon’s lane. The front right side of the truck struck the left rear panel of Gordon’s car, causing it to spin around in front of the truck. The truck hit the car twice more before sending it spinning to a stop in the middle of the road.

Although the police report did not mention an injury, Gordon, 42, reportedly suffered neck and back pain immediately after the collision. Imaging later revealed herniated disks at C4-6 and L4-S1. Gordon underwent fusion and a diskectomy at C4-6 and decompression and stabilization at L4-S1 with a coflex titanium implant.

His past medical expenses totaled approximately $400,000. He continues to suffer chronic pain in his neck and back, and he underwent a trial implantation of a spinal stimulator. At the time of the incident, he was in the process of starting a mechanic shop, but ongoing pain has interfered with his business plans.

Gordon sued Thompson and his employer, Southeastern Freight Lines, Inc., alleging that Thompson was negligent in driving with his forward convex mirror out of adjustment and attempting an unsafe lane change. The plaintiff contended that according to the defensive driving system in which Thompson had been trained, he should have been checking his mirror every six to eight seconds. Doing so would have revealed that the mirror was out of alignment, making it impossible to identify cars in his blind spot.

The plaintiff sought punitive damages, alleging that Thompson was reckless to attempt a lane change when he knew or should have known that he could not confirm whether there was a vehicle next to him. Thompson admitted that the first time he saw Gordon’s car was after he hit it.

After the defendants rejected the plaintiff’s initial offer to settle for $500,000, the plaintiff demanded just under $800,000, which the defendants ignored. At an initial mediation, the plaintiff offered to settle for $1.8 million, but the defense refused. The plaintiff then offered $2.5 million, and later, $2.95 million. After a second failed mediation, the plaintiff made a final settlement offer of $5 million. The final offer included an automatic escalation provision, in which the offer would automatically increase by $1.5 million every two weeks that it was not accepted.

Ultimately, after several years of negotiation and two unsuccessful mediations, the defense accepted the plaintiff’s offer to resolve the case for $5 million.

Citation: Gordon v. Thompson, No. 12-EV-014510 (Ga. St. Ct. Fulton Cnty. Nov. 21, 2016).

Plaintiff counsel: AAJ members Ben C. Brodhead, Ashley B. Fournet, and Jennifer S. Mundy, all of Atlanta.