Albert was driving his tractor-trailer on I-75 North in Marietta during rush hour. Traffic ahead of him suddenly stopped. Albert braked his tractor-trailer and safely brought it to a stop. A tractor-trailer driving behind him was driving too fast and couldn’t stop in time. It crashed into Albert’s tractor-trailer, pushing it into the car in front of him. Albert tore his rotator cuff in the wreck and required surgery. His medical bills were $81,000, but BBGA Attorney Michael Ruppersburg secured a $245,000 settlement for Albert, which was three times his medical bills.
THE WRECK
The wreck badly damaged both tractor-trailers and they were both towed away. The Georgia State Patrol investigated the wreck and cited the other tractor-trailer driver for following too closely. The other driver paid the ticket, which is a legal admission he was at fault for the wreck.
THE INJURIES
Albert’s neck and shoulder hurt after the wreck. An ambulance took him to the emergency room and doctors took X-rays to make sure he didn’t have any broken bones. He was diagnosed with strains and sprains of his neck and shoulder. His shoulder kept bothering him, so he went to see his regular doctor. His doctor ordered physical therapy, which unfortunately didn’t help Albert’s shoulder pain. His doctor also ordered an MRI, which showed that he had a large SLAP (Superior Labrum Anterior and Posterior) tear of his labrum.
Albert had rotator cuff surgery to repair the tear and then two months of physical therapy to help him recover. He made a good recovery, but the range of motion in his shoulder is less than it was, and his shoulder is still occasionally stiff and sore.
THE SETTLEMENT
Since the State Patrol cited the other driver for following too closely and he paid the ticket, there was no dispute about who was at fault for the wreck. The only issues for the jury were whether the wreck caused Albert’s surgery, and fair compensation for his injuries.
The defense tried to dispute that the wreck caused Albert’s surgery, but Albert’s doctors testified that it did. Before the case went to court, the defense offered a $245,000 settlement, which Albert accepted.
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