Disputed Traffic Accident
$350,000.00 Settlement
May 1994


John M. Gaddis

vs.

Thomas T. Mills, ET AL


U.S. District Court for the Northern District of Geaorgia, Atlanta Division
Civil Action File No. 193-CV-259-MHS
 
Liability Facts: This was a disputed traffic accident that occurred between a pickup truck being driven by Mr. Gaddis and a tractor trailer truck, owned by Terry Dicks Trucking Company and  being driven by Mr. Thomas T. Mills. Mr. Mills resides in Lake City, Florida where his employer, Terry Dicks Trucking Company is located and they were insured by  Fire and Casualty Insurance Company in Connecticut.

This accident occurred on Monday, August 17, 1992, on westbound I-285 near the exit for Boulder Crest Road just outside Atlanta, Georgia. Mr. Gladdis was traveling westbound on I-285 in the second lane from the median wall. Mr. Mills was also traveling westbound on I-285 in the lane next to the median wall. The paintiff contended that Mr. Mills, suddenly and without any warning, negligently attempted to change lanes to his right striking an pushing the plaintiff's vehicle causing Mr. Gaddis t lose control of his vehicle, overturning numerous times aeventually striking the median wall.  As Mr. Gaddis' vehicle was flipping, he was ejected through the driver's side window.  The defendant, Mr. Mills contended that Mr. Gaddis was speeding and attempted to overtake him on the right side of  his truck after Mr. Mills had already begun to change lanes.

 
Injury: Mr Gaddis received a laceration over his left eye, his left ear was torn and resulted in a complete loss of hearing in his left ear, a  concussion, a fractured skull, and a fractured right tibia and fibula which resulted in a one week hospitalization. His ear doctor opined that with ear surgery he could recover 50 percent of his hearing in his left ear.

Medical Expenses: Mr. Gaddis' medical bills were in excess of $15,000.

Loss of Wages: $12,000 at the time of settlement, Mr. Gaddis had returned to gainful employment.

Settlement: $350,000.00

Attorneys: Plaintiff: Robert A. Falanga, Falanga & Chalker
Defendant: Robert E.Corry, Jr., lead counsel, and Fredrick D. Evans,III, co-counsel of Dennis, Corry, Porter & Gray in Atlanta.






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