Andrew Jones | Marietta Accident & Injury Lawyer

N/A

Practice Area: Trucking Accident Outcome: (Not available) Description: Deidra Marsh, age 19, was a front seat passenger in a vehicle being driven by her boyfriend. He lost control of his vehicle and collided with another vehicle. The impact caused both vehicles to go out of control, with the vehicle driven by Ms. Marsh's boyfriend traveling across the travel lanes toward the concrete median. At that time, the truck driver who was driving a fully loaded tractor trailer on behalf of his employer, Lakeway Trucking, Inc. observed the impact of the two vehicles in front of him, however, was unable to avoid a collision with the vehicle driven by Ms. Marsh's boyfriend. Deidra Marsh suffered fatal injuries as a result of the collision. During discovery, we obtained admissions from Lakeway representatives that the driver's hiring and training were in violation of their company policies. Furthermore, the driver admitted that he was exceeding the speed limit at the time of the accident, and that he had not checked the adjustment levels of his brakes. An inspection of the tractor trailer by the Cobb County Police Department revealed that four of the six tractor brakes were out of adjustment. The case settled for $1,500,000.00 following mediation. Practice Area: Motorcycle Accident Outcome: (Not available) Description: Scott Kingsley, while riding his motorcycle, was involved in a collision when a vehicle, driven by Donna Beam, pulled out in front of him. Mr. Kingsley died as a result of the accident. The driver of the vehicle, Donna Beam, had recently been drinking alcoholic beverages. Mr. Jones' firm took this case to trial. The jury awarded Mr. Kingsley's widow and daughter $4 million in damages, $2.4 million of which was for pain and suffering experienced by Mr. Kingsley. The decision was appealed to the Georgia Court of Appeals, which unanimously upheld the verdict. Practice Area: Car / Auto Accident Outcome: (Not available) Description: Farma Kane was a 14-month old, properly restrained, back seat passenger in a car that her father, Omar Kane, was driving while making making deliveries for VCA, Mr. Kane's employer. Mr. Kane rear-ended a disabled vehicle while on the freeway, and the collision resulted in Farma Kane becoming a quadriplegic and dependent on a ventilator. As Mr. Kane was working at the time of the collision, we used the theory of respondent superior (an employer is generally liable when an employee's actions coincide with the employee performing duties as assigned) to bring a claim against VCA, his employer. The employer made a motion for summary judgment (a judgement without going to a full trial) on the basis that the scope of Mr. Kane's official duties does not include making deliveries while also having his child in the back seat of the vehicle. After briefing and oral argument, the motion for summary judgement was denied, and, subsequently, the defendants agreed to pay $9,450,000. This award will provide for a steady flow of funds ensuring that Farma is properly taken care of for the rest of her life.