$11 Million Settlement of Significant Personal Injury Case in Gwinnett County, Georgia

    ATLANTA, GA, November 16, 2016 /24-7PressRelease/ -- On November 14, 2016, Butler Wooten & Peak LLP, a law firm with offices in Atlanta and Columbus, GA, settled a significant catastrophic injury case for eleven million dollars ($11,000,000.00) during the first day of trial in Gwinnett County State Court. The case involved a motor vehicle wreck in Ringgold, Georgia that resulted in 33-year old Bert Jessmon losing his right leg above the knee. Bert is a resident of LaFayette, Georgia.

Bert Jessmon was represented by Brandon Peak, Tedra Cannella, Ramsey Prather, and Rory Weeks of Butler Wooten & Peak LLP and Gerald Davidson of Mahaffey Pickens & Tucker LLP in Lawrenceville, GA. The case was proceeding before the Honorable John Doran of the State Court of Gwinnett County, Georgia.

The Defendants in the case were W.A. Kendall and Company, Inc., James Starks, and Greenwich Insurance Company. W.A. Kendall and Company, Inc. is a company in the business of cutting brush and vegetation to maintain easements, including power line easements, throughout Georgia. The Defendants were represented by Douglas Burrell and Melody Kiella of Drew Eckl & Farnham LLP and David Dial, Rick Hill, and Jad Dial of Weinberg, Wheeler, Hudgins, Gunn, & Dial, LLC.

The case arose out of a January 6, 2015 wreck in Ringgold, Catoosa County, Georgia, which resulted in Bert Jessmon losing his right leg in an above-the-knee amputation. At the time of the collision, Bert worked as a trash collector and rode on the back of a garbage truck.

The underlying wreck was caused when Defendant James Starks, who was driving a W.A. Kendall chipper truck, negligently failed to yield and struck a passenger car that was passing both the chipper truck and the garbage truck on rural Mt. Pisgah Road. After being struck by the W.A. Kendall chipper truck, the passenger car pinned Bert Jessmon between the driver's side of that car and the rear of the garbage truck, crushing Bert's legs. In a twist of fate, an Army combat medic happened upon the scene shortly after the wreck and applied a tourniquet to Bert's right leg, likely saving his life.

The Defendants initially denied liability and blamed the driver of the passenger car for driving too fast for the conditions and attempting to pass two stopped vehicles on a rural two lane road. After over a year and a half of vigorous litigation, Defendants admitted liability for the wreck shortly before trial. There were additional claims involving Defendants' negligent hiring and training that needed to be tried, along with the amount of damages.

Brandon Peak, lead counsel for Plaintiff Bert Jessmon, had this to say about the result: "This was a hard-fought case and one that we hated to settle. But at the end of the day, our responsibility is to do what is in the best interest of our client. This settlement will ensure that Bert will have all of the medical care he needs for the rest of his life and additional money to compensate him for what he has been through. He deserves every bit of it and this will help him have a better life and future."

Tedra Cannella, also a partner at Butler Wooten and Peak LLP offered the following: "Bert is a great person who has displayed an amazing attitude in the face of these devastating injuries. It was a privilege to represent Bert and his family."

Gerald Davidson, co-counsel for the Plaintiff, had this to say: "We want to thank Judge Doran and his entire staff for all the work they did on this case prior to it settling. All of the parties had great lawyers who worked hard, the Court and his staff worked hard, and at the end of the day we feel like we achieved a great result that will help Bert for the rest of his life."

Butler Wooten & Peak is and always has been dedicated to the successful representation of injured parties in significant cases and the pursuit of full justice. We have built a reputation for obtaining significant verdicts and settlements for our clients. Our team has been carefully selected for its ability to succeed even against large corporate defendants and insurance companies. We have handled everything from business torts, whistleblower and class action cases to breach of fiduciary duty, premises liability, trucking, auto defects, and serious personal injury cases in 31 states. If it is a civil case, we can handle it--no matter what kind of case. www.butlerwooten.com

Contact: Brandon Peak at [email protected] or 404-550-8190 (cell).

# # #