A tractor trailer crossed the median and hit plaintiff head-on after the truck driver lost consciousness. The plaintiff Lester was 49 years old driving on a highway when the driver of the vehicle was trapped inside her car for over an hour and died of injuries several hours later. She had been earning $48,000 annually in computer sales and her estate claimed $1.05 million in lost earning capacity. She was survived by her parents and three adult siblings.
The parents, individually and on behalf of their daughter’s estate, filed suit against the driver of the tractor trailer and his employer, alleging that the driver was driving recklessly and failed to maintain control of the tractor trailer. Plaintiff also complained that the driver failed to take medication to prevent the blackout from occurring. The suit against the employer alleged failure to do a background check on the driver.
Defendants claimed that the driver was not negligent and had a sudden medical emergency.
Plaintiff’s experts included Lemuel Dent, trauma surgeon and Halatoubbeh, gastroenterology, both of Atlanta, GA; Tim McWilliams, Fire and Rescue, Dallas, GA; Robert Cartier, biomechanical engineer, Fletcher, NC; and Ricky Harris, accident reconstructionist of Calhoun, GA.
The jury awarded plaintiffs $7.03 million.