Daniel v. Southeastern Freight Lines et al

Case Background

Adam Daniel filed an auto negligence lawsuit after colliding with a forklift on a highway while driving his Nissan pickup truck. The lawsuit claimed that a truck driver, dispatched in a big rig, was sent to a rural location after dark to pick up freight. The driver blocked one of the lanes of traffic during this time. After the freight was loaded, another individual was crossing the road in a forklift equipped with headlights and a strobe light. As Daniel passed in his pickup, he struck the forklift and sustained severe injuries.

The motor vehicle accident case was filed in the Winston County Courthouse in Louisville, Mississippi, with Judge Alan D. Lancaster presiding. [Case number: 21-178]

Cause

On November 8, 2018, Adam Daniel, a heavy equipment operator, was driving to work in the early evening. At 5:50 p.m., he traveled along rural Highway 490 near Noxapater, Mississippi, in Winston County. The sun had already set. The narrow two-lane road, often referred to as a “tenten” road, measured just over ten feet from the centerline to the edge of the pavement.

About 20 minutes earlier, a Southeastern Freight Lines truck driver had stopped on the same highway outside Wells Church Furniture. This substitute driver, making his first visit to the location, arrived later than usual after dark. He parked the large truck directly in the eastbound lane with its flashers on, completely blocking the roadway.

Inside, the truck driver spoke with David Wells, a Wells Church Furniture employee, who informed him about a nearby driveway with tightly packed gravel, commonly used by truckers. Wells then retrieved a forklift equipped with headlights and an orange strobe light to load the truck. When Wells returned, the truck still occupied the highway.

Wells began loading the truck from the roadway. As he prepared to cross back over the westbound lane, the forklift’s arms remained raised to the truck’s deck height. Looking both ways, Wells initially saw nothing, but on a second glance, he noticed headlights approaching. It was Daniel in his Nissan Frontier, traveling at the speed limit and talking hands-free to his mother.

With limited options, Wells acted quickly. Concerned about backing into the truck driver, he attempted to clear the highway by accelerating the forklift. However, the machine’s single speed hindered him. Just as the forklift nearly cleared the road, Daniel’s truck collided with it.

Injury

The collision caused a severe impact, leaving Adam Daniel with significant injuries. Most notably, he sustained a tibial plateau fracture. After the crash, emergency responders transported him to a local hospital before transferring him to Jackson for specialized care.

Daniel underwent two initial surgeries to address the injury in his leg. Later, he required a third procedure to remove the hardware installed during the earlier operations.

In addition to the leg fracture, Daniel suffered a head laceration and spinal injuries. These included a C4-5 disc herniation, which was surgically repaired, and an L5-S1 injury. Dr. Orhan Ilercil, a neurosurgeon treating Daniel, stated that the lower spinal injury would also require surgery.

Damages

Adam Daniel walked with a limp after the accident and could not work for at least a year. Evidence suggested his disability might extend up to three years.

In his lawsuit, Daniel pursued damages from Southeastern Freight, Wells Church Furniture, and David Wells individually. If he prevailed, the jury could award separate amounts for both economic losses and non-economic impacts, such as pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Adam Daniel
    • Counsel for Plaintiff(s): R. Gregg Rogers
    • Experts for Plaintiff(s): Bruce Brawner
  • Defendant(s): Southeastern Freight Lines | David Wells | Wells Church Furniture
    • Counsel for Defendant(s): Richard M. Dye | Keishunna R. Webster | Joe S. Deaton, III
    • Experts for Defendant(s): Kathy Smith | Dr. David Gandy

Claims

At the core of Adam Daniel’s auto negligence case was the argument that the tractor-trailer, despite its lights, completely blocked the road without proper warnings. The driver failed to use orange cones, reflective triangles, or a flagger to alert approaching motorists of the obstruction. This oversight became even more critical because the area lacked adequate lighting. As Daniel rounded a curve, he had no time to react or stop safely.

Defense

The Defendants disputed the claims of auto negligence and challenged their liability. They focused on Adam Daniel’s responsibilities as a driver. The defense argued that, based on physics, Daniel must have been speeding at the time of the crash. They claimed that if he had been traveling within the speed limit, he would have struck the forklift directly rather than at an angle.

While they acknowledged the severity of Daniel’s injuries, the Defendants disputed the duration of his vocational disability and questioned his long-term prognosis.

Expert Testimony

A vocational rehabilitation expert, Bruce Brawner from Madison, assessed Daniel’s vocational damages.

The Defendants disagreed regarding the length of his vocational disability and his future prognosis. The Defendants presented their own experts, including Kathy Smith, who prepared a Life Care Plan, and Dr. David Gandy, an orthopedic specialist from Jackson, who conducted an Independent Medical Examination (IME).

Jury Verdict

A Louisville jury resolved the case. Judge Lancaster granted a directed verdict for Wells Church Furniture, ruling that Wells was not acting within the scope of his employment at the time of the incident. The jury’s verdict on liability was mixed. It found all three parties—Southeastern Freight, Wells, and Daniel—partially at fault.

The jury assigned 90% of the fault to Southeastern Freight, with 5% each to Wells and Daniel. The jury awarded Daniel $500,000 for both non-economic and economic damages. The total verdict amounted to $1,000,000 in this auto negligence lawsuit.

Court Documents:

Available for purchase upon request