Kelly v. Garland

In this personal injury lawsuit, on March 29, 2024, the Mississippi jury awarded $1,787,597 to Robert Kelly who had suffered permanent hearing loss due to the negligence of the truck driver who blasted his truck’s air horn without any concern for Kelly’s safety.

Case Background

On February 10, 2021, Robert Kelly filed an action against a truck driver, Jerry L. Garland for his negligence in blowing the air horn before the Mississippi State, Hinds County, First Judicial District Circuit Court. Judge Winston L. Kidd presided over this case. [Case number: 21-85]

Cause

Robert Kelly had worked as a commercial paver for over 20 years. On May 4, 2020, he was laying asphalt at a worksite for his employer, Adcamp, in Florence, Mississippi. At the same time, trucker Jerry L. Garland, an independent contractor for Adcamp, encountered Kelly’s work. Garland believed Kelly was blocking his exit route, while Kelly insisted there was enough space for Garland and other traffic to pass.

Regardless of the actual space, Garland did not wait. His truck had a customized train horn—a three-tubed trumpet made by Union Pacific, emitting an intense 145 dB sound. This level of noise greatly exceeds the OSHA safety limit of 140 dB. Witnesses at the scene compared the noise to being near a jet engine or a loud shotgun.

Moments later, Garland, positioned about six to eight feet from Kelly, who lacked hearing protection, blasted the horn directly at him for around 10 seconds. Kelly experienced immediate, severe ear pain and began to have ear drainage.

Injury

Kelly started treatment the day after for ear pain and hearing loss. Later that month, Dr. Thomas Eby, an ENT specialist, observed mild hearing loss in Kelly. Over time, Kelly’s hearing continued to decline, resulting in serious and permanent hearing loss.

In a separate incident, Kelly developed a brain tumor and underwent surgery to address it. Following the surgery, Kelly became legally blind. The loss of both hearing and vision had likely left Kelly needing attendant care for the remainder of his life.

Damages

As a result of Defendant’s negligent actions, Plaintiff incurred ongoing medical expenses, loss of wage earning capacity, pain, suffering, mental anguish, and emotional distress. Kelly’s damages were substantial. They included his medical bills of $ 6,483 as well as significant future care. That care (for both blindness and hearing loss) was quantified at $ 3.1 million in total. Accordingly, the Plaintiff prayed for both general and special damages with pre and post-judgment interest and litigation costs.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Robert Kelly
    • Counsel for Plaintiff(s): Rocky Wilkins | William A. Graves | John A. Waits
    • Experts for Plaintiff(s): Michael Osborne | Kathy Lee | Ralph Bell
  • Defendant(s): Jerry L. Garland
    • Counsel for Defendant(s): Mason S. Montgomery | Jay M. Atkins
    • Experts for Defendant(s): Dr. James House

Claims

In this lawsuit, Kelly sued Garland, accusing him of negligence for blowing the horn. Kelly argued that Garland used a horn that was excessively loud for a work site.

Defense

Garland defended the case on multiple grounds. First, he argued that blowing the horn did not constitute negligence. Additionally, he claimed that Kelly was indeed blocking the exit. The defense also downplayed the severity of the injury, pointing out that Kelly’s initial hearing loss was minimal during his first visit with Dr. Eby.

Expert Testimony

Michael Osborne, an expert who was both an ENT and a JD, stated that even a one-second exposure could cause injury. Additionally, Osborne pointed out that, aside from the dangerously loud sound, there was no justification for using the horn. Garland’s exit was not obstructed, and there was no emergency to warrant such an action.

The defense retained Dr. James House, an expert in Otology and Neurotology, to support their case. Dr. House believed that Kelly’s hearing loss resulted not from a sudden event but from his 27 years working in heavy construction.

Jury Verdict

On March 29, 2024, the Mississippi jury determined that Garland’s negligence had directly caused injury to Kelly.

Kelly claimed $6,483 for medical expenses and $66,794 for future care. He also reported $4,320 in lost wages. The jury awarded an additional $150,000 for future lost wages. For the loss of household services, Kelly received $60,000. Finally, the jury granted $1.5 million for Kelly’s pain and suffering.

Overall, the total verdict for Kelly amounted to $1,787,597.

Court Documents:

Complaint