Garth v. Rapid Oil Change

Case Background

Cloyd Garth filed a personal injury lawsuit, claiming negligence after a faulty oil change and tire rotation. The technician had failed to tighten the lug nuts on Garth’s vehicle’s front tire. As Garth drove away from the quick lube facility, the wheel detached, causing the vehicle to jerk. The lawsuit was filed in Copiah County Courthouse, Mississippi. Judge Tomika H. Irving presided over this case. [Case number: 20-538]

Cause

Cloyd Garth, 37, was the superintendent of the Hazlehurst City School District when he took his vehicle to Rapid Oil Change for an oil change and tire rotation. The service was completed while Garth waited, and he left the shop without incident. However, his drive took an unexpected turn.

While traveling on Hwy 28 near Brando’s Restaurant at around 35 mph, Garth’s vehicle began shaking violently. Moments later, the front right tire detached and rolled across the street. The sudden loss of the tire caused the vehicle to jerk, and Garth struggled to maintain control of the steering wheel to avoid an oncoming car.

The cause of the tire detachment was a simple mistake: the technician at Rapid Oil Change had forgotten to tighten the lug nuts. The company later admitted to this error.

After the incident, Garth called a co-worker for a ride back to work. Although he experienced immediate pain, confirmed by his co-worker, Garth did not seek medical treatment until eight days later, as he had school activities to attend to that day.

Injury

Garth later reported radiating neck and back pain. He sought treatment from a local chiropractor. In addition to chiropractic care, Garth also underwent massage therapy to address his pain.

Damages

Garth’s medical bills totaled $9,394. In the lawsuit, he sought damages from Rapid Oil Change in two areas: economic and noneconomic.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Cloyd Garth
    • Counsel for Plaintiff(s): Carroll Rhodes
    • Experts for Plaintiff(s): Dr. Billie King
  • Defendant(s): Rapid Oil Change
    • Counsel for Defendant(s): Jason H. Strong | Ivy Painter
    • Experts for Defendant(s): Dr. Eric Amundson

Claims

Since Rapid Oil Change admitted fault, the main issues were causation and the extent of Garth’s damages.

Defense

Rapid Oil Change defended the case by reducing the amount of damages and trying to prove that Garth was exaggerating.

Expert Testimony

Garth relied on testimony from his chiropractor, Dr. Billie King, and statements confirming his immediate pain. Rapid Oil Change countered with an independent medical examination (IME) conducted by Dr. Eric Amundson, a neurosurgeon in Flowood. Dr. Amundson found no objective evidence to support Garth’s complaints, suggesting that Garth may have exaggerated his symptoms. He also concluded that, given the minor nature of the incident (the vehicle stopping suddenly), Garth had not sustained any injury.

Jury Verdict

The case was tried for two days in Hazlehurst. On December 4, 2024, the jury returned the verdict in favor of Garth. He received $2,500 for both economic and non-economic damages, totaling $5,000.

Post-Trial Motion

Garth later filed a motion for a new trial. He argued that the verdict was insufficient, as it was less than his medical bills. Additionally, he contended that the non-economic damages were too low, especially since the jury had rejected the defense’s “no causation” argument by awarding some damages. The motion was still pending at the time of this report.

Court Documents:

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