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Verdicts & Settlements: Motor Vehicle Liability

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Failure to move disabled vehicle

May 9, 2019

Kelsey Davis’s vehicle got a flat tire while traveling on an interstate highway early one morning. Davis stopped in the right lane but did not activate her flashing lights, although it was dark outside. Kareem Evans, 43, collided with the rear of Davis’s vehicle as he moved into the right lane approaching his exit. He suffered numerous injuries, including eight fractured ribs, a collapsed right lung, and liver and kidney lacerations. He now has reduced lung capacity, which interferes with daily living activities, such as yard work. His medical expenses exceeded $192,600.

Evans and his wife sued Davis, alleging she negligently failed to move her car onto the shoulder. The plaintiffs did not claim lost income.

The defense argued that Evans had ample time to avoid a collision and was speeding at the time of the incident.

The jury awarded approximately $4.09 million, finding Evans 18 percent at fault.

Citation: Evans v. Davis, No. STCV100946 (Ga. St. Ct. Chatham Cnty. Nov. 15, 2018).

Plaintiff counsel: Justin T. Jones and Bobby T. Jones, both of Savannah, Ga.

Defense expert: James Sloan, accident reconstruction, Brunswick, Ga.