William Smith (Birmingham, AL) (Trucking) obtained a defense verdict in a trucking negligence claim. Heather Marley, Phyllis Goats, Nancy Rogers and Patsey Burnett were traveling through Macon County, Alabama on Highway 80 eastbound. Traveling eastbound ahead of the Chrysler was a tri-axle dump truck owned by Tri-County Trucking, LLC and operated by Joe Hasberry, an employee of Tri-County Trucking. There were two vehicles in between the Chrysler and the dump truck. At some point, Marley decided she wanted to pass all three vehicles on the left, in a no-passing zone. At the same time, Joe Hasberry turned on his left turn blinker and slowed his dump truck down in order to make a left turn. Hasberry began his turn and had almost completely cleared the intersection when the front of the Chrysler struck the right rear tire of the dump truck. The force of the impact was significant enough to swing the dump truck around by 45 degrees.
Goats and Rogers suffered catastrophic injuries. Goats was air-lifted to Jackson Hospital in Montgomery, sufferring a broken hand, broken foot, several broken ribs and a collapsed lung. Rogers suffered femur fractures in both legs and fractures of her nose and cheek. She was taken to Jackson Hospital where she had to be intubated. Both plaintiffs underwent surgeries at Jackson Hospital and hospitalized for more than 10 days before returning to Texas.
Plaintiffs brought claims of negligence and wantonness against Hasberry and Tri-County Trucking, and claims of negligent entrustment and negligent supervision against Tri-County Trucking. In closing argument, Plaintiffs asked for compensatory damages for Phyllis Goats and Nancy Rogers in the amount of $1.5 million each, and $500,000 in punitive damages, for a total demand of $3.5 million in damages. The Defendants asked the jury to bring back defense verdict on all counts.
The jury deliberated for about one hour and 20 minutes and brought back verdicts for the Defendants on all claims, later upheld by the court.