Mistie Nance, Individually and as Surviving Spouse of Jarvis Nance, Deceased, et al vs. Highridge Grading, LLC, et al
Case Background
On April 11, 2018, Plaintiff Mistie Nance filed a Truck accident lawsuit in the Cherokee County State Court, Georgia (Case number: 18SC0211-AJ). Judge W. Alan Jordan presided over this case.
Cause
The plaintiff, the surviving spouse of Jarvis Nance, filed a lawsuit after Nance was tragically killed in a truck accident on Interstate 285 South. On August 17, 2017, Nance’s truck became disabled against a median wall, and he exited his vehicle. At the same time, Phillip Taylor was driving a GMC pickup truck nearby. Taylor testified that a Schneider tractor-trailer, driven by Darryl Joachim, swerved into oncoming traffic, forcing Taylor’s truck into the left lane and shoulder, where Nance was standing. Taylor initially was named as a defendant but settled before the trial. The case proceeded with Schneider National as the sole defendant. This tragic truck accident raised concerns about the safety of commercial trucking operations, particularly the catastrophic injuries often caused by truck accidents involving large commercial vehicles.
Injuries
Nance suffered multiple orthopedic injuries, including a severe fracture to his femur. However, his fatal injury was a transected aorta, which led to massive internal bleeding and caused his death at the scene. He left behind his wife, two biological children, and a stepson. The trauma from the truck accident was catastrophic, both physically and emotionally, for his family. This devastating event underscores the significant consequences of truck accidents, especially when involving large commercial vehicles like tractor-trailers.
Damages
The damages in this truck accident case were substantial due to the untimely death of a 35-year-old father of three. The plaintiff’s counsel emphasized the enormous loss for the surviving family members, which included not only the emotional trauma but also the financial hardship of losing a primary wage earner. The jury found the damages uncontested for the most part, signaling that the evidence of Nance’s injuries and the profound loss to his family was compelling.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Mistie Nance, Individually; and as Surviving Spouse of Jarvis Nance, Deceased
- Counsel for Plaintiff: Peter A. Law | E. Michael Moran | Brian C. Kaplan
- Defendant(s): Highridge Grading, LLC | Highridge Partners, Inc. | Phillip Clark Taylor
- Counsel for Defendants: John D. Dixon
Claims
The plaintiff claimed that Schneider National was responsible for the fatal truck accident that killed Jarvis Nance. According to the plaintiff, Darryl Joachim, the driver of a Schneider tractor-trailer, swerved across multiple lanes of traffic. This caused Phillip Taylor’s vehicle to move into the left lane and shoulder. Nance had exited his disabled truck and was standing in that area. The plaintiff argued that Joachim’s actions directly led to Nance’s death. The truck forced Taylor off the road and into the path where Nance was located. Furthermore, the plaintiff asserted that the defense’s attempt to blame Taylor or suggest the involvement of a different vehicle was without merit.
Defense
The defense argued that the plaintiff’s allegations were unsupported by reliable evidence . They contended that the truck involved in the accident may not have been the Schneider National vehicle driven by Darryl Joachim. The defense claimed that Phillip Taylor, the witness, said he saw the truck swerving. However, Taylor failed to provide a description of the tractor-trailer until over a year later during his deposition. According to the defense, Taylor’s description of the truck did not match the appearance or speed of Joachim’s vehicle.
Additionally, the defense introduced GPS data showing that Joachim’s truck was 10 miles away from the accident scene at the time of the incident, suggesting that the truck could not have been involved in the crash. They also used discrepancies in witness descriptions of the truck’s color to further question the plaintiff’s version of events. In the defense’s view, these inconsistencies cast doubt on the plaintiff’s claims and undermined the credibility of the evidence presented.
Jury Verdict
On June 7, 2024, the jury found Joachim and Schneider National Carriers Inc. fully liable for the death of Jarvis Nance. After deliberating on the evidence presented, the jury concluded that Joachim’s actions directly caused the fatal truck accident. The jury awarded the plaintiff a total of $47,082,972 in damages, recognizing the significant loss suffered by Nance’s family, including the emotional and financial hardships resulting from his untimely death in truck accident.
Court Documents:
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