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.
|
|