June S. - Car vs. Pedestrian Accident
Sep 27, 2019OUTCOME: Policy Limits Settlement
Athens, GA
Personal injury Lawyer at Athens, GA
Practice Areas: Personal Injury, DUI & DWI, Speeding & Traffic Ticket
OUTCOME: Policy Limits Settlement
OUTCOME: Policy Limits Settlement
OUTCOME: Policy Limits Settlement
OUTCOME: $350,000 Settlement
OUTCOME: Double Policy Limits Settlement
OUTCOME: Double Policy Limits Settlement
OUTCOME: Georgia Court of Appeals ruled in favor of our client in reversing judgment entered by trial court
Children and the administrator of estate of truck driver killed when load of cut timber shifted, crushing truck cab, brought action against truck leasing company and its principal, alleging leasing com ... pany owed driver a duty to inspect truck before delivering it to driver's employer, and that principal could be held liable for any torts he may have committed. The Superior Court, Glynn County, Scarlett, J., granted summary judgment in favor of defendants, and plaintiffs appealed. The Court of Appeals, McFadden, J., held that: (1) genuine issues of material fact as to whether a hazard existed when log truck was loaded with cut logs that could have posed a risk of “load shifting” which might have caused them to penetrate truck cab in an emergency stop, and whether truck lessor should have been aware of such a hazard, precluded summary judgment; (2) common-law rule that imposed liability for damages caused by suppliers of a chattel who failed to use reasonable care to inform likely users of the chattel's dangerous conditions did not impose a duty on lessor of log truck to inspect truck and its headache rack, or to ensure its safety; (3) truck lease agreement did not abridge any duty that would have arisen from bailment of truck; (4) genuine issue of material fact as to whether logging truck lessee waived its rights against lessor under a bailment theory precluded summary judgment; and (5) genuine issue of material fact as to whether lessor's agent actually committed a tort precluded summary judgment.