Trial Magazine

Coleman Rogers, 15, was riding his motorcycle on a Durhamtown motocross track when he was forced off the course by other riders. He hit an exposed area of a steel culvert pipe, which caused his right leg to be nearly severed. He also suffered multiple fractures to the leg and torn ligaments in his knee, necessitating surgeries and four years of physical therapy. He was unable to go to college, walks with a limp, and suffers from pain and restrictions on his daily activities.

Coleman’s parents, individually and on his behalf, sued property occupiers Georgia Trails & Rentals, Inc.; Durhamtown Plantation Sportsman’s Resort, LLC; Joseph Lassen; and Two Rivers Holding Co., alleging failure to maintain the motocross course in a reasonably safe condition. Suit also named dirt owner Two Rivers Irrevocable Trust and trustee Mike McCommons. The plaintiffs asserted that the culvert should have been covered or blocked off by tires or hay.

The defense countered that the culvert had been covered and alleged that Coleman had waived his claims and assumed the risk of any injury when his father signed a waiver. Additionally, the defense asserted that Coleman was comparatively negligent in riding off the track.

The jury awarded approximately $14.9 million, including $734,000 to Coleman’s parents for his past medical expenses.

Citation: Rogers v. Ga. Trails & Rentals, Inc., No. 16-CV-204 (Ga. Super. Ct. Greene Cty. Dec. 13, 2019).

Plaintiff counsel: AAJ member Christopher Clark, Richard Sizemore, and Michael Smith, all of Macon, Ga.

Plaintiff expert: Nathan Watson, computer forensics, Macon.

Defense expert: Donnie Banks, motorcycles, Macon.