Hamilton County Jury Awards $3.5 Million In Damages In Wreck Caused By Texting Driver

Tuesday, September 11, 2012

A Hamilton County jury has returned a verdict totaling $3.5 million in damages for a motorcycle driver who sustained a severe head injury in a rear end collision that attorneys said was caused by a driver who was texting.

The incident happend on April 14, 2010, on Highway 27 South near the Olgiati Bridge.

Witnesses testified that on the morning of the wreck traffic in the left hand lane where Marcus Black was traveling came to an abrupt stop when a person who was texting while driving suddenly cut from the right lane to the left lane of traffic. As cars came screeching to a stop, Mr. Black tried to stop his motorcycle, but ended up hitting the rear of the small sports car in front of him, launching him through the air and onto the pavement in the right hand lane. The texting driver drove off, apparently oblivious to the tragedy behind her, attorneys said.

A lawsuit was filed by Mr. Black against Jane Doe and Mr. Black’s uninsured motorist insurer. Patrick A. Cruise represented Mr. Black at trial, which began on Thursday and was concluded late Friday afternoon in Division III, Circuit Court, before Judge Marie Williams.

Mr. Black’s insurance company defended the texting driver at trial, contending she was not at fault.

The jury found the texting driver 75% at fault for the wreck, allocating 25% of the fault to Mr. Black. Under Tennessee comparative fault laws, the damages will be reduced to $2,625,000.

Attorney Cruise said the case was a horrific example of the dangers of texting and driving: “This verdict is important to Mr. Black and his family, and it’s a verdict that I hope will remind folks that this a public safety issue that we need to remedy.”


Upcoming City Council Agenda For Tuesday

Here is the upcoming City Council agenda for Tuesday: I. Call to Order. II. Pledge of Allegiance/Invocation (Councilman Gilbert). III. Minute Approval. IV. Special Presentation. V. Ordinances – Final Reading : (None) VI. Ordinances – First Reading : PLANNING a. 2017-022 Ed Waldorf and Green & Lofty, LLC (R-2 Residential Zone to R-3 Residential ... (click for more)

Fleischmann Joins President Trump At Signing Of American First Energy Executive Order

Congressman Chuck Fleischmann joined President Donald Trump on Friday morning at the White House for the signing of the American First Energy Executive Order.  Officials said, "Offshore energy exploration and production is a critical component of an America First energy strategy. It reduces our dependence on foreign energy sources, generates billions of dollars in ... (click for more)

White Coat Syndrome And The Medical System - And Response (2)

Today I wish to share what I am feeling as a patient in our medical system. I am too old to put on airs at this point, and this is too pervasive of a problem for me to contain.   As I enter my AARP years, I am faced with so many medical encounters that evoke all kinds of uncomfortable feelings. I dread physician’s appointments riddled with government regulatory hypocrisy, ... (click for more)

Roy Exum: County Commissioners Not Getting Bang For Their School Bucks

The Hamilton County School Board passed a balanced budget to present to the County Commission at a Special Called Meeting on Thursday night. They also attached a prioritized list of $24.5 million in critical needs for the County Commission to consider that will never see the light of day. The long and short of it is easy to see -- the County Commissioners have had enough. It ... (click for more)

Three Phases Of Baseball -- Pitching, Hitting, Defense -- Kind To Ooltewah

CLEVELAND, Tenn. – The District 5-3A baseball tournament begins Wednesday with four teams battling for the lone berth to fill out a pair of semifinal best-of-three series. The prize for doing so isn’t so pleasant though. The survivor of games involving Soddy-Daisy (No. 4 seed), Cleveland (No. 7), East Hamilton (No. 5) or McMinn County (No. 6) earns the right ... (click for more)

Prep Tennis: Hixson Girls, Red Bank Boys Win District Titles

Playing for the District 6 A-AA tennis title, it came down to No.2 doubles with the overall match tied at 4 all. Hixson’s Amy Carranza and Sydney Buckner defeated Grace Brown and Cheyenne Cummings, of Red Bank, 8-6, Thursday at the Hixson Rec Center courts to give the host Wildcats the district championship, 5-4, for the second straight year and fourth title in five years. ... (click for more)