Parking Lot Pedestrian Accident - $500,000.00
Parking Lot Pedestrian Accident - $500,000.00
Jurisdiction: Superior Court of Coweta County
Brandon H. Wayda
Liability Facts: This incident occurred on Sunday, October 11, 2009 at approximately midnight at the Taco Mac which is located at 301 Newnan Crossing Bypass in Newnan, Georgia. On this particular early morning, our client, Mr. Brandon H. Wayda, was walking through the parking lot of Taco Mac, when he was sideswiped by a gold Ford “Super Duty" truck. Mr.Wayda was knocked down and he was slammed to the pavement. He was dragged underneath the large truck and it ran over him with it’s rear tires. Officer Brent McComas of the Newnan Police Department was dispatched to Taco Mac to evaluate the scene and to assess the injuries and damages. Upon his arrival, Officer McComas spoke with numerous witnesses who were at the scene. The witnesses told Officer McComas that they observed a gold truck backing out of a parking space and it then ran into two (2) parked vehicles. The gold truck then pulled forward a little and it backed up again, striking the same two (2) vehicles. All of the witnesses told Officer McComas that the driver of the truck pulled into the parking lot in a reckless manor and he struck a pedestrian (Mr. Brandon Wayda) who was standing in a parking space. The witnesses further noted that after the truck ran over Mr. Wayda it fled the scene of the accident. The manager of Taco Mac advised Officer McComas that the driver of the vehicle had been in the restaurant drinking alcohol about an hour before the accident occurred. The manager showed Officer McComas a receipt, which showed the purchaser’s name to be Matthew Robinson. Officer McComas ran the tag number which he was given by the witnesses and the tag number came back as a vehicle which was owned by Mr. Matthew Robinson. One of the witnesses advised Officer McComas that she observed a vehicle pull up behind her parked car and Mr. Robinson exited the passenger side door of that vehicle. She further noted that Mr. Robinson immediately got into his truck and that he sat in his truck for a few minutes before backing up and running over Mr. Wayda.
After the accident scene was clear, Officer McComas went to the address that matched the tag number which he had run earlier. Once Officer McComas arrived at the address for Mr. Robinson, he was met by Deputy Sergeant R. McCollum and Deputy G. Newton. Both of the deputies told Officer McComas that Mr. Robinson no longer lived at that address, however, they had been notified that he lived only a couple of streets away. Officer McComas, Deputy Sergeant McCollum and Deputy Newton rode over to the address where Mr. Robinson resided. Upon their arrival at Mr. Robinson’s residence, Officer McComas noticed where a vehicle had been driven recently through an open field. At the end of the track he located a gold Ford “Super Duty” truck parked behind a garage building. Through the front window of the truck, Officer McComas noticed a Coweta County Fireman’s ID card hanging from the rearview mirror with the name Matthew Robinson printed on it. The ID card also had a picture of Mr. Robinson on it. Officer McComas further noticed that the driver’s side mirror was not attached to the truck and he observed that the hood of the truck was hot. Officer McComas and the other deputies began knocking on the front door in an attempt to make contact with the residence. Since there were no blinds or shades covering the windows, Officer McComas was able to see a person asleep on the couch. Officer McComas and the other deputies walked around to the back door since it was closer to the couch that Mr. Robinson was sleeping on.
Officer McComas and the other deputies tried knocking on all of the doors for approximately thirty (30) minutes in an attempt to get Mr. Robinson’s attention, however, they were unable to wake him up. Deputy Sergeant McCollum had another officer sound off his sirens by the window in an attempt to wake Mr. Robinson and this attempt yielded negative contact. Officer F. Boswell joined Officer McComas at the residence and he advised him that he knew Mr. Robinson’s ex-wife. Since Mr. Robinson’s cell phone was on the couch next to him, Officer Boswell called Mr. Robinson’s ex-wife and asked her to call Mr. Robinson’s cell phone. Officer McComas and the other deputies were able to hear the cell phone ringing from outside the residence, however, Mr. Robinson did not budge or move from his position.
After a while the officers observed Mr. Robinson move one of his hands which was holding a remote control to the television, and he somewhat woke up. At that time the officers once again began to knock on the door and Mr. Robinson finally woke up and opened the door. While talking with Mr.Robinson, Officer McComas noticed a strong odor of an alcoholic beverage coming from his mouth as he spoke. Mr. Robinson’s eyes were dilated and they were extremely blood shot. Mr. Robinson’s face was quite pale and he was very sleepy looking. When Officer McComas asked Mr. Robinson for his ID, he told him that it was on the counter. Officer McComas picked up the ID which was wrapped inside three (3) Taco Mac receipts with the date stamped October 10, 2009. Mr. Robinson’s credit card was also wrapped in the Taco Mac receipts.
Officer McComas asked Mr. Robinson if he had been drinking and Mr. Robinson replied that he had a couple of drinks with a buddy at Taco Mac. Officer McComas asked Mr. Robinson if he was the only person that had driven the gold Ford flatbed truck and Mr. Robinson advised him that he had been driving the gold Ford truck when he went to Taco Mac. Officer McComas asked Mr. Robinson if he remembered having an accident involving any cars or people and Mr. Robinson stated that the only thing he remembered after leaving the restaurant was that a lot of people outside in the parking lot were yelling and screaming at him to stop.
Officer McComas placed Mr. Robinson under arrest and read him the implied consent notice. Officer McComas was unable to administer any field sobriety tests. Mr. Robinson was transported to the hospital for a blood test and to be medically cleared prior to being transported to jail. After Mr. Robinson was released from the hospital, he was transported to the Coweta County jail and charged with DUI and Hit and Run/Leaving the Scene of an Accident.
Mr. Bryn L. Wallace was a patron at Taco Mac at the time this incident occurred. Mr. Wallace notes in his written statement, dated December 3, 2009, that he heard a commotion in the parking lot of Taco Mac and he noticed a large truck. He heard the truck hit the gas and rev up the engine. At that point, he saw the truck rise and then fall and it occurred to him that the truck had run over something. Mr. Wallace ran out the patio gate and into the parking lot were he observed people screaming and yelling. He immediately saw our client, Mr. Brandon Wayda, laying on the ground in the parking lot. Mr. Wallace notes that he was concerned that Mr. Wayda may have sustained a neck or back injury, therefore, he ran over and knelt down beside him. Mr. Wallace placed his knees at Mr. Wayda’s back to keep him from rolling over. Mr. Wallace stayed on the ground with Mr. Wayda until the ambulance arrived at the scene.
Injuries: Upon being admitted into the trauma center of Atlanta Medical Center, Mr. Wayda voiced complaints of pain on the left side of his body and pain upon deep inspiration. The trauma center physician, James Clark, M.D., performed a complete and thorough examination which included obtaining x-rays of the left shoulder, pelvis, chest, thoracic spine and lumbar spine. Additional testing consisted of obtaining CT scans of the brain, cervical spine, chest, abdomen and pelvis. Dr. Clark’s physical examination revealed abrasions and black markings to Mr. Wayda’s right flank. After completing his examination and reviewing the x-ray and CT scan results, Dr. Clark diagnosed that Mr. Wayda was suffering from right flank abrasions, a hematoma within and surrounding the bladder (ruptured bladder), a large left pneumothorax, a fracture of the left sacral ala and fractures of the superior and interpubic rami bilaterally. On October 13, 2009, Mr. Wayda underwent an open reduction internal fixation of the posterior pelvic fracture surgical procedure which involved the pelvic ring and included sacroiliac joint fixation. After several surgical procedures Mr. Wayda was released from the hospital on October 27, 2009 after a sixteen day hospital stay.
Lost wages/earnings: $50,000.00 plus
Attorney: Robert A. Falanga