A jury in Upson County, Georgia has awarded over $2.5 million in a case where the negligence of a Georgia contractor injured a trucker.
In December 2016, Southern Clearing and Grinding, Inc., contracted by the Georgia Department of Transportation, was clearing trees in the median of Interstate 85 in Banks County. At the same time, our client, Jose R. Garcia, a North Carolina resident, was driving a 2006 Volvo truck with an enclosed 53-foot box trailer in the northbound lanes.
As Mr. Garcia approached the area, the defendant negligently and recklessly cut down a tree that fell into the northbound lanes. Mr. Garcia was unable to avoid the tree and collided with it.
Because of the defendant’s negligence, our client suffered various injuries and damages, including physical pain and suffering, ongoing medical treatment, loss of the enjoyment of life that will continue to occur, as well as emotional harm, distress and other injuries. The defendant steadfastly refused to recognize the full extent of the harm their actions caused and instead focused on trying to belittle Mr. Garcia’s pain by pointing out throughout the trial that Mr. Garcia had not had the surgery he was recommended to have in 2020 and had continued to work in the five years since the wreck.
Our client received this well-deserved verdict with the help of Beasley Allen principal attorneys Warner Hornsby and Preston Moore.
“As a direct result of their negligence, our client has suffered and will continue to suffer in pain,” Hornsby said. “The jury was able to give this victim a voice and hold the Defendant accountable for their failure to exercise ordinary and reasonable care.”
“Mr. Garcia’s injuries are an example of what can happen when a company fails to prioritize the safety of others,” Moore said. “We worked tirelessly to ensure Mr. Garcia got the justice he deserved, and I am glad the jury agreed with us.”
Along with $2.5 million in compensatory damages, the jury awarded our client $10,000 in punitive damages.