Georgia Workers' Compensation
Mar 23, 2020OUTCOME: Settled
Case involving an amputation resulting from work place injury
Annette Talley Kelley's Legal Cases (6)
Chattanooga, TN
Car accident Lawyer at Chattanooga, TN
Practice Areas: Car Accidents, Personal Injury ... +3 more
Tractor Trailer Jackknifed on Georgia Interstate Trapping Vehicle
Jun 17, 2019OUTCOME: Settled
Plaintiff trapped in vehicle under tractor trailer suffered a traumatic brain injury.
Collision With Goodwill Industries Tractor Trailer In Nashville Injures Musician
Aug 01, 2017OUTCOME: Settled
On August 24, 2015, plaintiff, a self-employed musician, was driving her 2003 Toyota Camry traveling west on Berry Road in Nashville, Tennessee. Suddenly, a tractor trailer pulled out in front of her f ... rom a driveway at the Goodwill Store, attempting to make a right turn onto Berry Road. The plaintiff crashed into the tractor trailer, causing her to sustain multiple trauma injuries, including a right arm laceration, skin avulsion to her head, headaches, left 8th rib fracture, pain in her right wrist, right index finger and thumb, neck and back pain, and knee pain. Plaintiff was unable to play music while recovering, and her singing was adversely impacted. She incurred over $40,000 in medical expenses. Suit was filed in Davidson Circuit Court against Goodwill Industries, with Annette T. Kelley serving as lead counsel for the plaintiff. The Goodwill truck driver claimed that a sign which was installed at a neighboring store, ReCreations Furniture, blocked his view of the traffic approaching on Berry Road, so Goodwill denied all responsibility for the wreck and tried to claim that the plaintiff “must have been speeding.” Plaintiff amended and brought in ReCreations Furniture as a defendant. They denied liability based on the fact that they had never received any complaints prior to this wreck, and that numerous cars and trucks went in and out of that area on a daily basis without any problem. Plaintiff contended that the Goodwill driver was clearly required to yield the right-of-way, and that he should not have pulled out into the roadway if his view was obstructed. After depositions were taken, the case was settled for an undisclosed amount at mediation in August 2017, with both sets of defendants contributing.
Motorist Escaping Wreck on Foot in Chattanooga Hit by Tractor Trailer
Jun 01, 2016OUTCOME: Settled
On November 25, 2013 at night, Devontay Thomas was traveling through Chattanooga, eastbound on I-24, when his Honda Civic was suddenly struck in the rear by an unknown vehicle that then fled the scene ... of the crash. The Civic spun out of control and hit another passenger vehicle, then eventually came to a stop in the middle lane of the interstate. Thomas exited his vehicle and ran to the median (or jersey wall) dividing the eastbound and westbound traffic lanes, which was the closest point of safety. About that time two tractor trailers, one from VSS Carriers, and another from Conway Truckload, were approaching, also eastbound. The VSS truck drove into the left lane, forcing the Conway truck into the emergency lane next to the median, where Mr. Thomas was trying stay out of the way. He tried to jump over the jersey wall, but got hit by the Conway truck, sustaining a right femoral shaft fracture. That fracture required open reduction and internal fixation by means of an intramedullary rod into the femur. The City of Chattanooga has an ordinance prohibiting big trucks from driving in the left lane of I-24, and it was dark and rainy, which calls for reduced speed and braking well in advance of potential dangers. The plaintiff contended that both tractor trailers were travelling too fast for conditions, that the drivers failed to see the emergency ahead, and that they failed to slow down. Both trucking companies contributed to a substantial settlement with the plaintiff. Devontay Thomas v. Con-Way Truckload, Inc., Steven Parker, VSS Carriers, Inc. and Oscar Carria, 14-C-1349, Hamilton Circuit Court, had been set for trial in June 2016, and was settled at mediation, with Annette T. Kelley serving as lead counsel for Thomas.
Arch Chemical Fire Case Settled for Confidential Sums
Jan 10, 2014OUTCOME: Settled
On June 12, 2011, a fire broke out in the chlorine rework process area of the HTH building at the Arch Chemical plant in Charleston, Tennessee. Arch Chemicals manufactures chlorine products for swimmi ... ng pools, working in close association with Olin Corporation, which is located on the same property. Very quickly heat, chlorine gas and smoke filled the building and were soon boiling out of the roof vents several floor above. Four ironworkers employed by BIS Frucon Industrial Services, who were building a scaffold on the roof of that building, were trapped on the roof above the fire. The men immediately donned their respirators and tried to escape, but the heat, gas and smoke was intense and visibility was very limited. Escape routes were engulfed in heat, gas and smoke. Eventually all of the men were able to escape the roof and get to safety, but three had sustained very serious injuries, including burns, lung damage, and orthopedic injuries due to falling while trying to escape. The fire had spontaneously ignited in HTH chlorine products that were being stored by Arch Chemicals in plastic rework totes. Rapid decomposition caused spontaneous ignition and the fire broke out. Plaintiffs alleged that Arch Chemicals had stored an excessive number of plastic totes in the area which caused the fire and that there was no fire suppression system in place or that it failed to function properly. Arch Chemical and Olin Corporation were supposed to cooperate and coordinate responses in the event of an emergency situation through their Emergency Response Teams, but neither of them sounded an evacuation alarm until it was too late for the Plaintiffs. And to make matter worse, first responders from Bradley County were held up at the gate upon arrival at the plant. Plaintiffs filed suit in Bradly County Circuit Court but the defendants removed the case to Federal Court in Chattanooga, Robert Dan Green, et al v. Arch Chemicals, Inc., Olin Corporation, et al, 1:12-CV-00220, U.S. District Court (E.D. Tenn.). The case presented complex issues concerning the liability of the various defendants, which included both Arch and Olin and Olin’s security contractor, Securitas, as well as exclusive remedy under Tennessee law. It was settled after mediation in January 2014, under a confidentiality agreement that prohibits disclosure of the amount paid to each of the Plaintiffs.
Collision with School Bus on Wrong Side of Road Results in $250,000 Settlement
N/AOUTCOME: Settled
On January 29, 2013, the plaintiff rounded a sharp curve on a narrow road in Hamilton County, and encountered a large yellow school bus encroaching into her lane as it entered the curve from the opposi ... te direction. She slammed on her brakes and slid into the bus, injuring both knees, including a comminuted left patellar fracture, as well as her neck and back. The bus was carrying a number of children home from school, but fortunately none of them were injured. The investigation by the Hamilton County Sheriff’s Department placed blamed for the wreck on the plaintiff, based solely on a gouge mark found in the roadway on the buses’ side of the center line. The plaintiff, however, insisted the bus was on her side of the road. The Hamilton Firm accepted the case, obtained video from inside the bus, and hired an accident reconstruction expert. His investigation, which included detailed analysis of the video, confirmed that the bus was just over the center line just before impact. The large bus probably should not have been traveling on that narrow and twisting road, as it was nearly impossible for it to safely navigate that curve without encroaching into the other lane. School bus service in much of Hamilton County is provided by a private company and so a lawsuit was brought against that corporation and its parent company in Hamilton Circuit Court. After extensive discovery, including the depositions of the drivers, the case was settled at mediation in December 2015 for $250,000.
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