$3 Million Trucking Settlement Secured After Strategic Legal Battle*

When Jose “Joe” Garcia, a North Carolina-based truck driver, was struck by a falling tree on I-85 in Banks County, Georgia, his life changed in an instant. The tree had been negligently dropped across the highway by Southern Clearing & Grinding, Inc., a company that would go on to fight accountability at every turn.

But due to the relentless work of Warner Hornsby, Joe’s story ended in justice—with a $3,006,622.33 settlement that will finally allow him to get the surgery he’s needed for years.

Delayed Diagnosis, Delayed Justice

Joe’s injuries were initially brushed off as minor. His occupational insurance sent him to a physician assistant who missed a serious labral tear in his hip. For over three years, Joe lived with debilitating pain, misdiagnosed and untreated—until a neurosurgeon finally ordered the right imaging and discovered the true cause.

A Legal Strategy That Turned the Tables

The defense had only $1 million in insurance and refused to settle. They even filed for bankruptcy twice to delay trial.

But our team used those delays to our advantage. When the second bankruptcy was filed, Warner argued that it nullified a prior agreement that limited recovery to the insurance policy. The bankruptcy judge agreed, opening the door to a bad faith claim and an excess verdict.

At trial, the defense’s owner didn’t even show up in person. Instead, Warner played a 2.5-hour video deposition where the owner was caught in repeated lies. The jury was captivated.

Despite the defense hiring two doctors to dispute Joe’s injuries, the jury returned a $2.51 million verdict. After losing multiple appeals—including a denied petition to the Georgia Supreme Court—the defense finally agreed to pay the full judgment plus interest.

Why Experience Matters

This case is a powerful example of what an experienced trucking lawyer can do—even when the odds seem stacked against the victim. Joe’s injuries were real. His pain was constant. And the legal system, when navigated with skill and persistence, delivered the justice he deserved.

Joe’s teenage daughter testified that some days, her father’s pain was so bad she had to carry him into the house like an injured football player. Now, thanks to this settlement, Joe can finally afford the surgery he’s needed for years—and the peace of mind that comes with financial security.

*This result was obtained in a non-Alabama case.  Beasley Allen does not represent that the same or similar result would be obtained in other cases.