Gregory v. Neely Trucking
On March 21, 2024, the Mississippi jury awarded $120,000 in damages to Phillip Gregory who was injured severely on a highway due to the negligence of a trucker.
Case Background
Plaintiff Phillip Gregory filed a negligence lawsuit against Neely Trucking before the Mississippi State, Copiah County Circuit Court. Judge Tomika H. Irving presided over this case. [Case number: 21-539]
Cause
On August 13, 2021, Phillip Gregory, a 34-year-old windshield installer, drove on Highway 80 in Pearl, Mississippi. At the same time, Anthony Cline, who worked for Neely Trucking, was maneuvering a tractor-trailer out of a commercial worksite. The process of this maneuver caused dust to rise into the air, obstructing Cline’s view of the traffic on Highway 80.
Moments later, Cline’s truck collided with Gregory’s work van in a T-bone crash. The impact was severe and recorded by Cline’s dash cam. Although Gregory was jolted and tossed around inside the van during the collision, he did not report any injuries at the scene. The following day, he began to experience radiating neck pain and sought medical treatment.
Injury
Gregory started seeking treatment the day after the accident for radiating neck pain. He consulted with neurosurgeon Dr. Orhan Ilercil. Dr. Ilercil recommended cervical surgery at C5-6. Despite this surgery, Ilercil noted that Gregory would likely continue to experience flare-ups and pain. Should Gregory avoid the surgery, Ilercil believed he would need spinal injections and physical therapy.
Damages
In this lawsuit, Gregory pursued damages from both Cline and his employer. He sought compensation for several categories: medical expenses, future medical costs, lost wages, household services, and non-economic damages. These non-economic damages include pain, suffering, and physical impairment. Gregory’s medical bills were $ 29,559. He sought future care including some $93,000 for the recommended surgery.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Phillip Gregory
- Counsel for Plaintiff(s): : Rocky Wilkins, Paul V. Ott | William L. Morton, III,
- Experts for Plaintiff(s): Kathy Smith | George Carter
- Defendant(s): Anthony Cline | Neely Trucking
- Counsel for Defendant(s): Robert P. Thompson | Mackenzie N. Ellis,
Claims
To assess his damages, Gregory detailed how the accident changed his life. He explained that he could no longer engage in activities he once enjoyed, such as playing with his family, riding ATVs, or using dirt bikes.
Defense
The defense conceded fault for the crash. However, the defense of the case diminished Gregory’s claimed injuries.
Expert Testimony
The Plaintiff’s damages experts were Kathy Smith, Life Care Plan, and George Carter, Economist.
Jury Verdict
The case was tried over two days. On March 21, 2024, the Mississippi jury only deliberated on the damages. Gregory claimed $29,559 in medical expenses and an additional $50,000 for future care. His lost wages amounted to $40,440. However, the jury rejected Gregory’s claims for “loss of household services” and non-economic damages. They awarded a total of $120,000.
On March 22, 2024, Judge Tomika H. Irving entered a final judgment consistent with this verdict.
Gregory has since requested a new trial and/or an increase in the award. He argued that the jury might have been confused or that the verdict did not reflect the severity of his injuries.
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