Trial Magazine

While driving a Schnitzer Steel Industries tractor-trailer on an interstate highway, Kenneth Cathey crossed the centerline and collided head-on with an SUV driven by Carrie Jones, 31. The five occupants of the SUV—including Jones; her two minor children; her mother, Judy Madere, 58; and Madere’s twin sister—died in the crash.

Madere’s husband, individually and on behalf of her estate, sued Schnitzer Southeast, LLC; Schnitzer Steel Industries, Inc.; and Cathey. The plaintiffs claimed that Cathey was driving while fatigued and had slept only four to five hours the night before the incident. The plaintiffs asserted that Schnitzer had no functioning fatigue management plan and provided no training to prevent or discourage drivers from operating tractor-trailers while fatigued.

The plaintiffs also claimed that Cathey had a history of three previous collisions while driving for Schnitzer and had more than one dozen traffic tickets on his driving record. Suit did not claim past medical expenses or lost income.

The defense admitted liability. The jury awarded more than $280 million, including $100 million in punitive damages.

Citation: Madere v. Schnitzer Southeast, LLC, No. SC17CV106 (Ga. St. Ct. Muscogee Cnty. Aug. 23, 2019).

Plaintiff counsel: AAJ member Brandon L. Peak, Christopher B. McDaniel, AAJ member Joel O. Wooten Jr., and AAJ member Ramsey B. Prather, all of Columbus, Ga.

Plaintiff expert: G. Bryant Buchner, accident reconstruction, Tallahassee, Fla.