Jury Awards $12 Million in Fatal Cement Truck Accident


February 15, 2011

A Virginia jury awarded Jessica Lester and her husband Isaiah $12 million in a wrongful death case involving a cement truck that rolled over onto the victims' car causing serious injuries and ultimately Jessica's death. Evidence was introduced in the case that the cement truck driver was speeding and had disregarded delivery instructions to stay on certain flat two-lane roads rather than the curvy mountain roads were the accident occurred.

Witnesses to the accident indicated that the cement mixer driven by William Sprouse for Allied Concrete Co. tipped onto two wheels while rounding a blind curve and overturned on top of the Lesters' car. Jessica suffered a severe skull fracture and died eight days after the accident.

An accident where a heavy truck rolls over or a tractor-trailer jackknifes and rolls over on a passenger vehicle typically results in massive injuries because of the weight of the vehicle. The injuries suffered by the accident victims in this cement truck accident were no exception. Jessica's medical expenses were $100,000 at the time of her death. Isaiah's medical expenses were $23,000 including $11,000 for therapy for posttraumatic stress disorder (PTSD) and depression. Expert medical testimony was provided that he would need ongoing therapy. The defense attempted to argue that pictures on Isaiah's Facebook page suggested that his depression was not as severe as he indicated. Based on the amount of the jury's verdict, it does not appear that this was persuasive. However, this case does show how an insurance company in a wrongful death lawsuit may use information from an accident victim's social media site.

The plaintiffs in the case obtained the jury verdict against Allied Concrete Co. based on the theory of respondeat superior. This theory imposes liability on an employer for the negligence of its employee that occurs in the course and scope of employment. When a person suffers serious injuries in a collision with a commercial vehicle like a cement truck, it is important to pursue a personal injury claim against the employer because the employee may lack sufficient resources to pay the full amount of the injury victim's damages.

At Montlick and Associates, Attorneys at Law, we have been representing commercial vehicle accident victims throughout Georgia for over 25 years. If you have been injured in a serious motor vehicle accident, we will handle your case with dedication, compassion and commitment. Our experienced Georgia commercial truck accident lawyers are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat. We are dedicated to providing exceptional service as part of our goal of being the best commercial truck accident lawyers in Georgia.

Category: Truck Accidents

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