Plaintiff attorneys Peter Law Sr., Michael Moran and Brian Kaplan successfully secured a $47,000,000 verdict in a Cherokee County wrongful death case involving a trucking accident. The case centered on the death of Jarvis Nance, who was struck while his truck was inoperable on I-285 South. This June 2024 result reflects a significant and appropriate verdict in Cherokee County, which has traditionally been a conservative venue.
Some background
On August 17, 2017, Nance’s disabled truck was against a median wall when he exited the vehicle. At the same time, Phillip Taylor was driving by in a GMC pickup truck. According to Taylor’s testimony, the Schneider tractor-trailer, driven by Darryl Joachim, swerved across multiple lanes, forcing Taylor into the left lane and shoulder, where Nance was standing. Joachim, was recently hired by Schneider before the wreck and Plaintiffs alleged he had a poor performance record with Schneider without adequate training.
Among many defenses, Schneider adopted an empty chair defense strategy, blaming Taylor and his employer Highridge for Nance’s death. However, the defense also suggested that the accident might have involved a different vehicle.
When comparing the estimated time of the accident to the GPS data, coupled with the police report and other factors, it was proven that that Joachim’s Schneider National truck was in the vicinity at the exact time of the wreck, and was in fact the truck involved in the collision. A key issue in the trial was the discrepancy in the truck’s color, with witnesses describing colors different from what the defense claimed. However, both witnesses saw “Schneider National” written on the truck, which the jury found corroborated the other material evidence.
Effective litigators win a fair trial
Attorney Pete Law noted that the defense never spoke ill of the plaintiff but focused on liability. The damages were substantial, as Nance was a 35-year-old father of three. Indeed, after the trial, the defense attorney praised the plaintiffs’ attorneys for their excellent work in representing their client and trial presentation. Both sides agreed that the judge conducted a fair trial.