Newlyweds hurt by tired trucker settle claim for $5.8M

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A newlywed couple who were severely injured after a motorcycle crash has settled a claim against the at-fault driver and his employer for $5.8 million, their attorneys report.

John White Jr., Wes Kissinger, and Ryan McCarty of Harrison White in Spartanburg report that their clients, whose names were withheld by the attorneys, were approaching an interchange on I-85 in Anderson County one night in August 2017 when the driver of a delivery truck owned by Gammill Inc. made a left turn in front of them, and they slammed into the truck. The couple said that the driver had a clear line of sight but failed to allow them to pass before turning into their paths.

The clients alleged that the truck driver shouldn’t have been on the road at the time, as the truck’s logs indicated that he’d stopped for dinner in Georgia and should have rested there for the night. Instead, the 63-year-old driver soldiered on, trying to make it to Anderson County. When the crash occurred, he was trying to pull into a hotel parking lot, but instead wound up trying to pull into the parking lot of the fast-food restaurant next to the hotel. The hotel turned out not to have any vacancies, and after police investigated the wreck, he ended up driving for another 30 minutes before finally stopping at another hotel, McCarty said.

The wife’s injuries included an injury to the brachial plexus–the network of nerves running from the spinal cord to the shoulder, arm, and hand–with a nerve root avulsion, where a nerve root was separated from the spinal cord. She also suffered a left wrist fracture, spine fracture, hematoma, artery injury, and epidural hemorrhage. The husband suffered injuries including respiratory failure, a lip laceration, injured vertebrae, spleen injuries, a wrist fracture, and artery and cardiac injuries. He underwent multiple surgeries and had permanent medical hardware placed in his body.

The plaintiffs were hospitalized for 11 days before they were transferred to Roger C. Peace Rehabilitation Hospital in Greenville, where they remained for several weeks, McCarty said.

McCarty said that the couple will suffer the ramifications of the injuries for the rest of their lives. In particular, the wife has a very limited range of motion in her right arm and hand and has had to learn to eat and write with her left hand.

“She worked in the health care field, and because of her injuries, she will not be able to participate in patient care in the future,” McCarty said. “She has had to completely adapt her life to using one hand and arm for her average daily activities.”

Jeffrey Silverberg and George Hanna IV of Howser, Newman, & Besley in Columbia represented the defendants. They could not be reached for comment about the settlement, which was agreed to on Jan. 25.

Follow Bill Cresenzo on Twitter @bcresenzosclw

SETTLEMENT REPORT – MOTOR VEHICLE WRECK

Amount: $5.8 million

Injuries alleged: Brachial plexus injury with nerve root avulsion, wrist fracture, spine fracture, hematoma, artery injury, and epidural hemorrhage; hypoxic respiratory failure, lip laceration, injured vertebrae, spleen injuries, wrist fracture, and artery and cardiac injuries

Case name: Withheld

Court: U.S. District Court for the District of South Carolina

Date of settlement: Jan. 25

Insurance carrier: Continental American Insurance Co.

Attorneys for plaintiff: John White Jr., Wes Kissinger, and Ryan McCarty of Harrison White in Spartanburg

Attorneys for defendants: Jeffrey Silverberg and George Hanna IV of Howser, Newman, & Besley in Columbia