Xia v. KD Enterprises

Case Background

Qun Xia, an Alcorn State professor, filed an auto negligence lawsuit after he suffered serious and disabling injuries including multiple fractures and a TBI when his driver crashed into a tractor-trailer that pulled from a gas station and into the vehicle’s path.

Xia and his wife filed the motor vehicle accident lawsuit in the Mississippi, Twenty-Second Judicial Circuit Court. Judge Tomika Harris-Irving presided over this case. [Case number: 19-91]

Cause

On March 9, 2017, Qun Xia, a 67-year-old biotechnology professor at Alcorn State, traveled with his colleague, Yong Wang. Wang drove a 2012 Honda Accord north on Highway 61 in Claiborne County, about half a mile from the Natchez Parkway. The Traceway Shell gas station was located nearby.

Around 7:30 p.m., just after sunset, Derrick Savage, driving a logging truck loaded with timber for KD Enterprises, exited the gas station. He entered the southbound lane of Highway 61 at approximately 15 mph. As he pulled onto the highway, Savage moved directly into the path of Wang’s Honda, which was traveling north at about 55 mph.

Wang failed to recognize the truck’s movement in time and collided forcefully with the logging trailer. The crash caused catastrophic damage to the Honda.

Injury

Xia sustained severe injuries in the crash, including a traumatic brain injury that left him disabled. He also suffered multiple fractures, affecting his elbow, forearm, rib, left index finger, and heel. Additionally, he experienced a C-5 fracture and an L-5 compression fracture. Following the accident, Xia began an intensive rehabilitation program to address his injuries.

Damages

Evidence showed that Xia became permanently disabled and required daily personal care as a result of the Defendant’s alleged auto negligenec. His medical expenses totaled $421,938. He also pursued compensation for lost wages, which were agreed upon at $592,000. Additionally, he sought damages for pain and suffering, mental distress, and future disability or impairment. His wife, Xuili Yang, filed a separate claim for loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Qun Xia | Xuili Yang
  • Defendant(s): KD Enterprises | Derrick Savage
    • Counsel for Defendant(s): Mark C. Carroll | Thomas G. Bufkin | M. Brady Mitchell
    • Experts for Defendant(s): Tim Corbitt

Claims

Xia and his wife filed an auto negligence lawsuit seeking damages from Savage and his employer. Their argument was straightforward: the slow-moving truck driven by Savage exited the gas station and entered Wang’s path.

Defense

The defense denied the auto negligence allegations levied and centered its case on the issue of liability.

Expert Testimony

The Plaintiff’s accident expert, Soan Chau from Cumming, Georgia, analyzed the crash and highlighted several factors that made it hard for Wang to notice the turning truck. He explained that poor lighting, trees near the gas station, and the low reflectivity of the trailer’s logs contributed to the difficulty. While Wang seemingly should have seen the slow-moving logging truck, Chau’s analysis of human factors demonstrated that the situation was more complex.

Dr. Howard Katz, a physical medicine expert from Jackson, described Xia’s injuries in detail. A life care plan expert, Dana Weldon from Windsor, Ontario, estimated Xia’s future care costs, ranging from $443,000 to $2.9 million.

In contrast, KD Enterprises presented accident expert Tim Corbitt from Jackson. Corbitt examined the vehicles’ speed and positions, concluding that Wang’s failure to properly observe the road prevented him from noticing the truck entering the highway.

Jury Verdict

This case was tried over four days in Port Gibson, resulting in a mixed verdict on fault. On August 29, 2024, the jury found that Savage acted negligently, and his actions directly caused Xia’s injuries. However, they assigned only 10% of the fault to Savage. The jury placed the remaining 90% of the fault on non-party Wang.

Regarding damages, the jury awarded Xia $200,000 for past medical bills and $150,000 for future medical expenses. They also granted him $200,000 for lost wages. Non-economic damages totaled $500,000, including $300,000 for pain and suffering, $100,000 for mental anguish, and $100,000 for loss of consortium. They awarded nothing for future disability or impairment.

The raw verdict totaled $1,050,000. However, after adjusting for Savage’s 10% liability, the net verdict against him was $105,000. The remaining $945,000 in damages was attributed to Wang, who had already settled.

Post-Trial Motions

Xia moved for a new trial, citing several issues. He argued the verdict was inadequate, as the jury awarded only $200,000 for both lost wages and medical expenses, despite undisputed figures of $592,000 and $421,938, respectively. He also contended it was unreasonable for the jury to reject future disability damages entirely and claimed the $150,000 awarded for future medical expenses fell far below even the lowest estimate in his life care plan. Additionally, he called the $500,000 in non-economic damages grossly inadequate.

Xia further alleged juror misconduct, pointing to interactions between a juror, identified as Ricky, and Savage, suggesting possible bias. He requested permission to investigate their relationship.

In response, KD Enterprises argued that the jury had resolved conflicting evidence unanimously and that the allegations against Ricky were speculative and waived. The motion for a new trial was pending at the time of this report.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com