Types of Cases Handled

CURTIS HARRIS Jr., an individual, vs. DALE KRAGNESS, an individual; and J B HUNT TRANSPORT, INC., a corporation.

This lawsuit was the result of a commercial vehicle accident during which Mr. Harris was rear-ended. Mr. Harris alleged that Mr. Kragness failed to maintain his focus on the road and maintain a safe following distance between the two vehicles. If this allegation proved true, it would violate the law in Mississippi regulating industry standards around proper driving techniques and requirements as outlined by Federal Motor Carrier Safety Regulations (FMCSR). Mr. Harris contended that Mr. Kragness failed to yield the right-of-way and violated the FMCSR regarding safe vehicle operation, proper visual search, speed management, hazard perception and emergency maneuvers. This resulted in the Plaintiff becoming permanently disabled due to the severity of his injuries.

Settled pursuant to a confidentiality agreement.

HENRY L. LUCAS, as Administrator of the Estate of Laketa Lucas, Deceased, DOROTHY LUCAS, an individual, and HENRY R. LUCAS, as husband and next friend of Dorothy Lucas, Plaintiffs vs. CLAY COUNTY, MISSISSIPPI. Defendants.

This lawsuit was the result of an accident caused by the negligent loading of a commercial vehicle that resulted in a wrongful death. The incident occurred on July 4, 2006 in Clay County, MS while the vehicle was being operated by Laketa Lucas. While traveling eastbound on Brand Una Road, she encountered Clay County workers attempting to pull a tractor onto its tracks after it had overturned while being loaded onto a trailer. In an attempt to gain more leverage, the county workers had stretched a heavy steel cable across both lanes of the roadway, and fastened each end to heavy road equipment to help tow the tractor into its upright position. As should have been anticipated, Ms. Lucas was unable to avoid the collision and later succumbed to fatal injuries. Dorothy Lucas, the passenger in the vehicle, also suffered severe physical damage that resulted in permanent disability.

Settled pursuant to a confidentiality agreement.

JIMMIE BAGGETT, as Administrator of the Estate of Nahum Maldonado Zaragoza, Deceased, and JIMMIE BAGGETT, as the Administrator of the Estate of Bernardo Velasco Zaragoza, Deceased, vs. DOLPHIN LINE, INC., BILLY BROCKWELL, and IGNACIO MALDONADO ZARAGOZA, Deceased. In the Circuit County Court of George County, Mississippi, Case Number 2010-0283 (1).

This lawsuit was the result of a commercial vehicle accident. Plaintiff alleged that commercial vehicle driver, Billy Brockwell, was accelerating into an intersection while failing to keep a proper lookout as well as also driving while in a fatigued condition, both of which are a violation of Mississippi commercial vehicle law. This case was not just the result of a momentary lapse in judgment by Mr. Brockwell, but an inevitable catastrophe due to the negligent management practices of Dolphin Line Inc. as a company. This incident resulted in the wrongful deaths of three members of the Zaragoza family.

Settled pursuant to a confidentiality agreement.

BARBARA BOYKIN, Plaintiff, vs. JAMES SELLER, an individual, and SAIA TRUCKING, Defendants.

This lawsuit was the result of a commercial vehicle accident that took place on October 29, 2004. Plaintiff's position was that commercial vehicle driver, James Seller, was speeding in a commercial vehicle, disregarding the dangers of doing so under a thick blanket of fog, into an intersection. Plaintiff alleged that at the time of the incident, Mr. Sellers was in violation of numerous safety statutes, including: (1) Miss. Code § 63-3-501 – which prohibits a driver from exceeding the posted speed limit; (2) Miss. Code § 63-3-505 – which requires commercial vehicles to slow down to forty-five miles per hour during inclement weather when visibility is bad and mandates that speed must be decreased below the maximum speed limit when approaching and crossing an intersection; (3) FMCSR § 392.14 – which requires using extreme caution in hazardous weather conditions, such as fog, by slowing down and/or stopping the vehicle completely; and (4) SAIA's own safety policies. This incident resulted in the Plaintiff suffering severe physical damage to her body that resulted in permanent disability.

Settled pursuant to a confidentiality agreement.

RICHARD BURRELL, Plaintiff, vs. the Estate of Christine Baxter Jones, Deceased, TARA M. JONES, Administratrix; SCHNEIDER NATIONAL; AAA COOPER TRANSPORTATION; TOTAL TRANSPORTATION OF MISSISSIPPI; MICHAEL MARTIN; BENNY SMITH; LONNIE FUQUA; JERRY RAINER; AMANDA ALVIS; AND the Estate of James Andrew Carlisle, Deceased, HONORABLE EDDIE JEAN CARR, Administratrix, Defendants.

In the Circuit Court of the First Judicial District of Hinds County, Mississippi, Civil Action Number 251-06-348CIV.

This lawsuit was the result of a commercial vehicle accident that occurred on March 17, 2006, at approximately 2:00 am, on Interstate 20 when the weather conditions turned hazardous due to the presence of thick fog. Numerous witnesses and parties testified that visibility conditions were so low that they were forced to slow down their vehicles to a crawl. Plaintiffs alleged that commercial vehicle driver, Michael Martin, employed by Schneider National, was speeding in a commercial vehicle under this heavy blanket of fog while in a fatigued condition, which is in violation of Federal Motor Carrier Safety Regulations (FMCSR), Mississippi commercial vehicle laws, and Schneider's own safety policies. This incident resulted in the wrongful death of Christine Jones.

Settled pursuant to a confidentiality agreement.

SANTANA S. HESTER, individually and on behalf of all other wrongful death heirs of MARGARET LEGGETT (BARRON), Deceased, and JAMES CALVIN JORDAN, individually and on behalf of all other wrongful death heirs of CONSUELA L. JORDAN, Deceased, vs. DERRICK L. JONES, an individual, and SOUTHERN MISS TRUCKING, INC., Defendants.

This lawsuit was the result of a commercial vehicle accident. Plaintiff alleged that a commercial vehicle driver, Derrick Jones, employed by Southern Miss Trucking, (1) illegally operated a commercial vehicle under defective mechanical conditions in violation of an out-of-service order which was a violation of FMCSR § 383.51 and Miss. Code § 63-1-207; (2) drove without a valid Commercial Driver's License on the day of the incident while also subject to disqualification in violation of Federal Motor Carrier Safety Regulation (FMCSR) § 391.11; and (3) was speeding into an intersection, which at the time of the accident was a violation of Miss. Code § 63-5-501 and Miss. Code § 63-3-505. There is substantial evidence that Mr. Jones applied his brakes prior to the collision in sufficient time to have prevented the accident if the tractor trailer had been equipped with properly operating brakes. Therefore, this case was not the result of a momentary lapse of judgment by the drivers of either vehicle, but an inevitability due to the negligent operating practices of Southern Miss Trucking. This accident resulted in the wrongful deaths of the Plaintiffs.

Settled pursuant to a confidentiality agreement.

MARIA ELENA RAMIREZ, individually and on behalf of all other wrongful death heirs of ENCARNATION RAMIREZ, Deceased, Plaintiff, vs. ROSEDALE TRANSPORT, INC., a Georgia corporation, AVON PRODUCTS, INC., a New York corporation, and ROBERT E. HENRY, an individual. In the United States District Court, Southern District of Mississippi, Jackson Division, Case Number 705-BN.

This lawsuit was the result of a commercial vehicle accident. Plaintiff alleged that commercial vehicle driver Robert Henry was operating a tractor trailer for Rosedale Transport, Inc. when it crashed into Mr. Ramirez' vehicle, which had been stopped on the interstate that night. Plaintiff asserted that Mr. Ramirez's vehicle was lawfully stopped on the roadway because he was disabled and therefore, not in violation of Miss. Code § 63-3-903 (1) & (2). Plaintiff further alleged that Mr. Henry failed to keep a proper lookout and was not able to avoid the accident due to sleep deprivation which is in violation of Federal Motor Carrier Safety Regulation (FMCSR) § 392.3. Additionally, Plaintiff claimed Rosedale Transport, Inc. failed to operate their company safely by: (1) not ensuring that their drivers have the proper fatigue training; and (2) allowing its drivers to violate its own hours-of-service regulations. This accident resulted in the wrongful death of the Plaintiff.

Settled pursuant to a confidentiality agreement.

JEAN STEVENS, wife of, and JOHNNY AARON STEVENS, Plaintiffs, vs. JAMES MARLIN THOMAS, an individual, FAIRFIELD TRUCKING COMPANY, and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants. In the United States District Court, Western Division of Louisiana, Monroe Division.

This lawsuit was the result of a commercial vehicle accident that occurred on or about August 4, 2006, on U.S. Interstate 20 at U.S. Highway 33 in the city of Rushton, Lincoln Parrish, Louisiana. Plaintiffs alleged that a commercial vehicle driver, James Thomas, employed by Fairfield Trucking Company, was dangerously speeding while failing to keep proper lookout for traffic ahead, and operating a commercial vehicle illegally without a valid license; both of which are violations of Federal Motor Carrier Safety Regulations (FMCSR). Plaintiffs successfully proved through the course of litigation that the accident was inevitable due to the negligent operating practices of Fairfield Trucking Company. Plaintiffs also alleged that Thomas' conduct on the date of the incident demonstrated a clear indifference to the safety of the motoring public. All defendants testified to Thomas traveling at a rate of speed in excess of 70 miles per hour. Plaintiffs' commercial vehicle reconstructionists computed Thomas' actual speed to be approximately 85-90 mph at impact. Plaintiff Johnny Stevens suffered severe physical damage to his body that resulted in permanent disability and his inability to work.

Settled pursuant to a confidentiality agreement.

LANCE CORPORAL WILLIAM TREY LAFITTE – NATIONAL INTERSTATE INSURANCE COMPANY, Plaintiff, vs. NATHAN S. BYRD, et al., Defendants. In the Circuit Court of Jefferson County, Alabama, Civil Action Number 2009-00723.

This lawsuit was the result of a common carrier accident that occurred on March 9, 2008. At that time, the 23 Anti-Terrorism Battalion Marines were aboard a charter bus returning to Fort Rucker after weekend training. The commanding officer on the charter bus repeatedly warned the driver both about his excessive speed and the fact that they were approaching a dangerous turn. The driver of the bus ignored the commanding officer's warnings. As a result, the charter bus entered the dangerously sharp turn at a rate of speed that made it impossible to safely navigate. As expected, the driver lost control of the charter bus and it overturned with such force that the Marines inside were ejected from the vehicle. As a result of this incident, Lance Corporal William Trey Lafitte was paralyzed.

Five Million Dollar settlement.

RILEY ELLIS JR., as the sole wrongful heir of GIOVANNI CRYSTIAN MOORE, Deceased, and STERLING JERROD ELLIS MOORE, Deceased, Plaintiffs vs. GIBBES COTTON CO., INC., a Mississippi corporation, and KERRICK D. JOHNSON, an individual, Defendants. In the Circuit Court of Claiborne County, Mississippi, Civil Action Number 2007-54.

This lawsuit was the result of a commercial vehicle accident that occurred on or about January 12, 2007 at the intersection of U.S. Highway 18 and Old Highway 18 in Claiborne County, Mississippi. Plaintiff alleged that Defendant Kerrick Johnson, employed by Gibbes Cotton Co., negligently and/or wantonly operated a commercial vehicle in violation of Federal Motor Carrier Safety Regulations (FMCSR) and Mississippi commercial vehicle law. Plaintiff's position was that both the Defendant's vehicle and driver violated FMCSR, Mississippi state regulations governing the operation of commercial vehicles, and Mississippi state laws regulating the operation of any vehicle. This accident resulted in the wrongful deaths of both Plaintiffs.

Settled pursuant to a confidentiality agreement.

ELIJAH J. BARNES, an individual, and MARY BARNES, an individual, Plaintiffs, vs. WAL-MART TRANSPORTATION, LLC, a global corporation, and DAVID WINTERS, an individual, Defendants. In the Circuit Court of Jefferson Davis County, Mississippi, Civil Action Number 2007-82P.

This lawsuit was the result of a commercial vehicle accident that occurred on January 13, 2007, between two vehicles traveling west on U.S. Highway 84, west of Prentiss, Mississippi. Plaintiffs alleged that a Wal-Mart tractor trailer ran them off the roadway. The first vehicle was a Wal-Mart tractor trailer driven by David Winters, employed by Wal-Mart Transportation LLC, and the second vehicle was a Ford F-150 driven by Plaintiff Elijah Barnes. The accident occurred when Mr. Barnes, in his F-150, began to make a legal pass of the Wal-Mart tractor trailer. During the process of being passed, the Wal-Mart tractor trailer's actions forced the Barnes' F-150 to leave the roadway, causing a collision that resulted in the quadriplegia of Mr. Barnes. The driver of the Wal-Mart tractor trailer, Defendant Winters, continued traveling on U.S. Highway 84 for a short distance after which it came to a stop. Mr. Winters then exited the commercial vehicle, but never returned to check on the safety of the occupant of the F-150. Mr. Winters remained at his vehicle until police and emergency personnel arrived, after which he left the scene. Defendant Winters never returned to the accident site to provide contact information or details regarding the accident to the police.

Settled pursuant to a confidentiality agreement.

The Estate of Rachel Hall, Plaintiff, vs. PENNY'S CONCRETE INC., Emphoria, Kansas.

This lawsuit was the result of a commercial vehicle accident that occurred on [date], when a commercial vehicle driver drove into a state highway through a stop sign at highway speeds that resulted in the wrongful death of Rachel Hall, mother of three. Plaintiffs alleged that the driver applied his brakes moments prior to entering the intersection and colliding with the vehicle operated by Rachel Hall, pointing to the fact that the commercial vehicle involved in the accident was illegally operated with defective brakes. This is in violation of the o, Federal Motor Carrier Safety Regulations (FMCSR), Kansas Motor Carrier Regulations, and multiple Kansas Statutes. Kansas State Troopers and Plaintiff's experts both testified that the “commercial vehicle was being operated illegally due to defective brakes,” which placed Penny's Concrete Inc. in violation of FMCSR § 396.3, which states that “commercial carriers must systematically inspect, repair and maintain their vehicles.” Plaintiff's experts also testified that had the brakes been properly maintained, allowing them to achieve the proper braking force intended by their manufacturers, the accident could have been avoided and Rachel Hall would have survived. Plaintiff's investigation revealed that this accident and the wrongful death of Rachel Hall occurred due to the negligent practices of a commercial carrier that allowed a professional driver to illegally operate a defective commercial vehicle.

Settled pursuant to a confidentiality agreement.