Criss V. Roll-Offs Trucking, Inc.

Case Background

On March 21, 2022, Plaintiff Brant Criss filed an auto negligence lawsuit before the Circuit Court of Madison County, Mississippi against Defendant Roll-Offs Trucking Inc. as a result of a motor vehicle accident that occurred on November 9, 2020.

However, Defendant  Roll-Offs Trucking, Inc. removed the lawsuit to the United States District Court for the Southern District of Mississippi, Northern Division. The case was assigned to District Judge Kristi H. Johnson and referred to Magistrate Judge Michael T. Parker. [Case number: 3:22cv457]

Cause

On November 9, 2020, Brant Criss, then 42 years old, was driving his Toyota Corolla sedan on I-55 in Madison County. Suddenly, a trucker named Jody White, operating a big rig for Roll-Offs Trucking, sideswiped him. The initial impact caused Criss to fishtail.

As the Corolla spun in front of the tractor-trailer, White hit the brakes. This led to a second collision that pushed Criss’s vehicle off the road and into the emergency lane. Although the severity of the collision was disputed, it was agreed that White’s negligence caused the accident.

Injury

Criss claimed that the accident caused him “serious, permanent, painful, and disabling injuries” to both his body and property. Initially, he underwent conservative treatment, which involved visiting a chiropractor, receiving physical therapy, and getting an ESI. Eventually, Criss was referred to a neurosurgeon.

Damages

In this auto negligence lawsuit, Criss claimed damages for various issues, including past and future medical and drug expenses. He also sought compensation for the pain, suffering, and mental anguish experienced up to that point and for the rest of his life. Additionally, he claimed damages for loss of enjoyment of life, reduced quality of life, loss of household services, lost wages, diminished earning capacity, and permanent disability and disfigurement.

If Criss won the trial, he aimed to recover his medical expenses, totaling $177,533, along with amounts for future care and lost wages. The jury could also award him non-economic damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Brant Criss
    • Counsel for Plaintiff(s): Nicholas A. Puckett | Paul V. Ott | Robert F. Wilkins
    • Experts for Plaintiff(s): Dr. Orhan Ilercil | Dr. Mark Ray | Kathy Smith
  • Defendant(s): Roll-Offs Trucking, Inc.
    • Counsel for Defendant(s): James R. Moore, Jr. | C. Landon Kidd | Jason H. Strong | Ivy Elizabeth Painter
    • Experts for Defendant(s): Dr. Lynn Stringer

Claims

Criss claimed that White’s negligence caused the collision and the resulting damages as he violated various sections of the Mississippi Code by driving his vehicle in a negligent and imprudent manner without regard for traffic. He failed to slow down, maneuver his vehicle to avoid the collision, yield the right of way, and exercise reasonable care in the operation of his vehicle.

Defense

The defense sought to downplay the claimed injuries. They argued that if Plaintiff’s injuries were caused by their own actions or failures, they were not entitled to recover from Defendant.

The defense argued that if any other individuals, entities, or parties, over whom Defendant had no control, were responsible for Plaintiff’s injuries, then Plaintiff could not recover damages from Defendant. Additionally, it was contended that if Plaintiff’s injuries were unrelated to the accident or resulted from preexisting conditions, they were not entitled to recover from Defendant.

The defense claimed that Defendant should receive setoff or credit for any compensation Plaintiff received from other liable parties. Finally, it was stated that if Plaintiff’s injuries resulted from their failure to mitigate damages, they were not entitled to any recovery from Defendant.

Expert Testimony

The Plaintiff introduced several expert witnesses to support their case. Dr. Orhan Ilercil, Criss’s neurosurgeon, who performed an L-5 decompression surgery on April 17, 2023, testified that Criss would likely need future fusion surgery. Ilercil confirmed the injury, and the anticipated course of care, and connected it all to the collision. Criss also relied on his treating chiropractor, Dr. Mark Ray, for testimony. Additionally, life care planner Kathy Smith estimated Criss’s future medical costs at $269,406.

The defense presented Dr. Lynn Stringer, a neurosurgeon, who interpreted an MRI as showing degenerative changes rather than any “structural injury” to Criss’s spine. Stringer testified that, firstly, the surgery was not related to the crash and, secondly, Criss had only experienced a temporary soft-tissue injury.

Jury Verdict

On February 22, 2024, the Mississippi jury returned the verdict in favor of Brant Criss. The case was tried over three days in Jackson. The jury focused solely on determining damages. The verdict form first asked if the Plaintiff had sustained damages caused by the accident. The jury answered yes.

Next, the jury awarded Criss $177,533 for medical expenses, as claimed, and an additional $25,000 for future care. They also granted $9,817 for lost wages. For noneconomic damages, the jury assigned the amount of $97,650. This resulted in a total verdict of $310,000.

On February 23, 2024, Judge Kristi H. Johnson issued a final judgment consistent with the verdict.

On March 6, 2024, a notice of satisfaction of judgment was filed by Roll-Offs Trucking, Inc. and the auto negligence case was closed.

Court Documents:

Available upon request