Trucking Accident with a $21 Million Verdict
In just four short days, a jury trial ended with a $21 million verdict against Cypress Insurance Company for wrongful death in a fatal trucking accident. The family of Kip Holland was awarded a multi-million dollar settlement in this wrongful death lawsuit.
$21 Million Verdict Awarded in Trucking Accident
On February 6, California-based Cypress Insurance Company was slapped with a $21 million verdict in a fatal trucking accident. A jury for the U.S. District Court in Georgia returned the verdict to the estate of Kip Holland, who died in a tractor-trailer accident in December 2016.
The verdict includes:
- $13 million for wrongful death
- $2 million for pain and suffering
- $6 million for litigation expenses
- Nearly $30,000 for medical and funeral expenses
The accident occurred on December 8, 2016, on Georgia Highway 369 in Gainesville, Ga. Trucker James Harper began swerving and driving erratically for approximately two miles on the highway. Kip Holland was walking along the shoulder of the highway at the same time and was struck by the trailer of Harper’s vehicle that disconnected from the tractor. According to reports, “The trailer rolled over Holland, who initially survived the impact. However, he was pronounced dead later that day.”
“He suffered a sudden and unforeseeable medical emergency, which caused this accident,” Harper’s defense attorneys argued. “Harper passed out moments before he fatally struck Holland, invoking the act of God defense.” The motion for summary judgment goes on.
However, Holland’s attorneys argued that because of Harper’s previously known medical issues from Chronic Obstructive Pulmonary Disease, he was at an increased risk of passing out or losing consciousness from uncontrolled coughing. “Harper was driving erratically for at least 2 miles,” attorneys for Holland claim “Within those 2 miles, Harper missed at least six exits to turn on safely They argued that if he truly lost consciousness, the truck would not have remained on the highway for that long. “Therefore, he should have been aware enough to exit the highway safely,” said Holland’s attorneys.
The jury trial ended in just four short days, with the verdict of $21 million against Cypress Insurance.
If you have questions regarding a truck accident, contact HS Law today. The first consultation is absolutely free. Call 404-400-1175 to discuss your options.
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