Vol. 54 No. 11

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Negligent Operation of Dump Truck

November 2018

Johnny Williams, 67, was operating his tractor on a roadway when a dump truck driven by Rubin Harvey for Oxford Construction Co. rear-ended the tractor at high speed. The truck hit the back of Williams’s head, and he was thrown off the tractor and into a ditch. He suffered a traumatic brain injury and multiple fractures, among other injuries.

Williams spent six weeks in the hospital before being transferred to a rehabilitation facility. He now requires 24-hour care and suffers from memory loss and seizures. Williams, who had earned approximately $15,000 annually, incurred $1.2 million in medical expenses.

Williams sued Harvey, alleging he was negligent in rear-ending the tractor. Suit also named Oxford Construction under a vicarious liability theory.

The jury awarded $18 million.

Citation: Williams v. Harvey, No. 13-V-203 (Ga. Super. Ct. Mitchell Cnty. June 4, 2018).

Plaintiff counsel: W. Earl McCall and Henry E. Williams, both of Albany, Ga.; and Alfred J. Powell Jr., William A. Erwin, and Gregory T. Williams, all of Camilla, Ga.

Plaintiff experts: Rob Godsall, neuropsychology, Bruce Seaman, economics, and Andrew Dennison, physical medicine, all of Atlanta; and LuRae Ahrendt, life care planning, Lawrenceville, Ga.