As mentioned in our previous blog, 16-year-old Ethan Bryant was left paralyzed after his Dodge Dakota was struck by a truck. Our Toledo, Ohio trucking accident lawyers handle cases involving serious injuries from these type of accidents on a regular basis.
The gravel truck that hit him was overloaded past the level allowed under state vehicle regulations by nearly 20,000 pounds. As a result, the truck, which was only going about 50 miles per hour when the driver attempted to brake, was unable to come to a stop at the intersection. The lawsuit named as defendants McCarty; APAC-Tennessee, the asphalt paving company that commissioned McCarty; and Memphis Stone & Gravel, the company that loaded the truck.
Documents obtained during discovery revealed that McCarty had made at least fifteen trips with a haul that exceeded the state limit. He had also not received his trucking license until July 31st of that year but had driven loads for APAC-Tennessee for about three weeks prior to that time.
The jury awarded $30 million to Ethan and his parents for the past and future medical expenses and loss of income. The jury found APAC-Tennessee 70% responsible for the accident; Memphis Stone & Gravel 20% responsible, and the driver, McCarty 10% responsible. McCarty had previously pleaded guilty to manslaughter and aggravated assault and was put on 15 years probation. Robert R. Morris III and Paul R. Scott of Smith Phillips Mitchell, Scott & Nowak, in Batesville, Miss., represented the Plaintiffs and did a very good job in the case.