Atlanta Personal Injury Lawyer

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION
Leslie Belk, as Administrator of The Estate of Samuel Jackson

vs.

TIMOTHY J. DZIERZANOWSKI, and MAVERICK TRANSPORTATION, LLC

On November 4, 2005, Mr. Jackson was stopped in traffic on I-285 when he was rear-ended by Maverick Transportation’s tractor-trailer. Mr. Jackson was taken to Grady Hospital where he was found to have a subdural hematoma, mandibular fracture and a pterygoid fracture. He was intubated in the emergency room and taken to the Intensive Care Unit. On November 9, 2005, Mr. Jackson was taken to surgery to fix his mandible and pterygoid fracture. After the surgery, his blood pressure and oxygen saturation fell and he died approximately two hours later.The Defendants admitted liability for causing the wreck, but denied liability for causing Mr. Jacksons death claiming that Mr. Jackson was recovering from the wreck, but died due to medical malpractice. Georgia Statute, O.C.G.A. § 51-12-33, allows this defense. The jury, after hearing all the evidence, must apportion a percentage to the defendant and the nonparty (Grady Hospital physicians) for causing the death of Mr. Jackson. In this case, the defense was claiming that 100% of Mr. Jacksons death was caused by medical malpractice. The Defendants hired an anesthesiologist who testified that Mr. Jacksons death was caused by a dislodged nasoendotracheal tube and not due to the wreck. Plaintiff, of course, argued that the death was due to delayed complications of the wreck. Mr. Jackson had no children and had never been married. He made approximately $14,000 per year. This case was settled two days before trial for $2,625,000.