Verdicts Harrison v. Southeast United Dairy Industry Association, Inc.

Daniel John Harrison, Wanda, L. Coolman, and Tammie Lynn Arnett, Individually, and as the Surviving Children of Cecil Hilman Harrison, Deceased; and Daniel John Harrison, as the Administrator of the Estate of Cecil Hilman Harrison, v. Southeast United Dairy Industry Association, Inc. and Andrea K. Branstetter

State Court of Clayton County
Civil Action File No. 2006-CV-04422E
Liability Facts:Cecil Harrison, a 68 year old retired truck driver was hit by Andrea Branstetter who ran a stop sign and t-boned Mr. Harrison’s pick-up truck. Ms. Branstetter’s vehicle continued until it struck a utility pole.The two vehicles came to rest at 90 degree angles to one another.As a result of the collision, Mr. Harrison suffered injuries which resulted in his death. Mr. Harrison was taken to Cordelle County Hospital where he was diagnosed with a spine injury and transferred to Regency Hospital in Macon.

During the course of his hospital stay, Mr. Harrison regained feeling in his limbs and was expected to recover until encephalitis/shingles setup in his body and he ultimately died. His hospital course was complicated by severe emphysema, although he had successfully undergone a lung reduction surgery in 2006 as treatment for his disease.

Defendant Southeast United Dairy Industry Association, Inc. and Ms. Branstetter admitted certain facts, but were careful not to admit liability in their responses.

Ms. Branstetter was charged and pled guilty to failure to stop in violation of O.C.G.A.§40-6-72.Ms. Branstetter was also charged with failure to safely maintain proper driving lane in violation of O.C.G.A. §40-6-48 in which she pled nolo contendre.
Neither the corporate defendant nor Ms. Branstetter challenged liability and the parties settled after mediation but before trial.

Injury Facts:Brain contusion, transient loss of consciousness, cervical spine fractures at C2, C5 and C6; subluxation (partial dislocation) at C6 and C7, spinal cord edema at C5 and C6, soft tissue edema at C2-C6, fracture of right, 11th rib, abrasions to hands, knees and right side of forehead, right chest laceration, thrombus formation in left interior/exterior jugular vein and a right lung pneumothorax.

Medical Expenses:$269,341.09
Future Medical:N/A
Medical Expert:N/A
Offer/Demand:$6,000,000.00
Verdict/Settlement:$2,000,000.00

Plaintiff’s Attorney :Andrew C. Ausband, The Ausband Firm, Atlanta, Georgia
Defendant’s Attorney:G. Melton Mobley, Lokey, Mobley and Doyle, LLP,
Atlanta, Georgia