Fulton County Jury Returns a Verdict for the Defense in Tragic Case
Court: State Court of Fulton County
Judge: Honorable Brenda Cole
Plaintiff’s Attorneys: Kwame Townes, Townes Davis & Associates
Defendant’s Attorneys: Jonathan Adelman, Waldon Adelman Castilla Hiestand & Prout
Alleged Damages: Closed Head Injury, Multiple Leg Fractures
Verdict: Defense verdict
Date of Verdict: July 26, 2012
Plaintiff and his two young daughters, ages 6 years and 11 months, were struck as they crossed Old Bill Cook Road in South Fulton County, by a Dollar Tree Security guard driving a Chrysler 300 on his way to meet his daughter for dinner. The pedestrians were not crossing at a marked crosswalk. The six-year-old died at the scene and the father and baby were injured. The Defendant driver had minimal limits and settled the claim for the minors, leaving no coverage for the father’s injuries.
Plaintiff nevertheless sued the driver for traveling too fast for conditions, failure to maintain a proper look-out, and failure to maintain control of the vehicle. The investigating officers, as well as the Defendant driver, testified that Plaintiff darted out into the roadway and that there was nothing the driver could have done to avoid the collision, particularly since the accident occurred in the evening, as it had begun to get dark. The jury agreed and returned a defense verdict.