Tractor Trailer Accident - $924,000.00

GARY FERRELL, as Administrator of the ESTATE OF JENNIFER HAMMOND and as Natural Guardian and Next Friend of SIERRA ALEXANDRIA MORGAN FERRELL, a minor


Fayette County State Court

Civil Action File No. 99SV-516

Liability Facts: Plaintiff™s 20 year old female decedent was traveling southbound on I-285 in Dekalb County at approximately 3:00 a.m. when she collided with the rear of another vehicle which had become disabled in the center lane due to a previous collision. Both of these vehicles remained in the travel portion of the highway. Without engaging her emergency flashers, Plaintiff™s decedent exited her vehicle and was standing alongside it in the highway when a GMC Bobcat tractor driven by Defendant McCollough on behalf of his employer Defendant G & M Transportation Services, Inc. was also traveling southbound on I-285 and did not perceive the vehicles as being stopped in sufficient time to avoid them. The Defendant driver swerved to the left to avoid colliding with the stopped vehicles but struck the pedestrian decedent causing fatal injuries.

Defendants contended that Plaintiff™s decedent was contributorily negligent by failing to keep a proper lookout when she struck the disabled vehicle, by failing to remove her vehicle from the roadway and that she assumed the risk of serious injury or death by standing alongside her vehicle in the middle of I-285. Defendants further contended that they were not negligent and that the accident was unavoidable.

Injury: Death

Medical Expert: Brian S. Frist, M.D., Dekalb County Medical Examiner

Medical Expenses: Funeral expenses of $9,467.25

Settlement: Structured settlement via mediation totaling $924,300.00

Attorneys: Ronald F. Chalker, Falanga & Chalker and Scott A. Cochran, Cochran, Camp & Snipes for Plaintiffs; T. Cullen Gilliland and Charles Ratz, Gray & Gilliland, P.C. for Defendants.

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