Teka Day vs. Double H Transport, et al

Case Background

On June 29, 2019, Plaintiff  Teka Day filed a Truck accident lawsuit in the Missouri State Circuit Court of Jackson County (Case number: 2:19-CV-233). Judge James Bell presided over the case.

Cause

Teka Day, a 42-year-old Wendy’s restaurant manager, drove her 2012 Hyundai sedan in the left lane on High Street near its intersection with Monroe Street in Jackson. The incident occurred at 11:00 AM after she pulled out of the restaurant. Howard Harris operated a Ford F-350 dually truck with an attached trailer carrying three vehicles in the right lane. Harris activated his turn signal and attempted to move from the right lane to the left lane, intending to turn left onto Monroe Street.

During this lane change maneuver, Harris’s truck struck Day’s Hyundai sedan. The collision created a loud impact that jolted Day in her vehicle. Police officers arrived at the scene and conducted an investigation. While Day did not report any immediate injuries, her Hyundai sustained significant damage that rendered it undriveable. Day walked back to her nearby Wendy’s workplace but left early due to feeling shaken from the impact. She noticed shoulder pain developing after the incident.

Injuries

Day first sought medical treatment 11 days after the accident at the University of Mississippi Medical Center (UMMC) emergency room, where she presented with complaints of shoulder pain. The ER staff referred her to orthopedic specialist Dr. Chad Hosemann, who provided conservative treatment for approximately one year. When conservative care proved insufficient, Dr. Hosemann performed shoulder surgery. The surgical procedure revealed a more severe full-thickness rotator cuff tear, contrary to the initially suspected low-grade partial tear. Despite the successful surgical repair, Day continued to experience persistent shoulder pain. Her medical history showed no previous shoulder problems or pain prior to this motor vehicle accident.

Damages

Day incurred substantial medical expenses totaling $50,347 for her treatment, including emergency care, orthopedic consultations, conservative care, and surgical intervention. She pursued compensation for these medical costs along with non-economic damages. The non-economic portion encompassed pain and suffering, loss of enjoyment of life, and ongoing physical limitations resulting from the accident and subsequent medical procedures.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Teka Day
    • Counsel for Plaintiff: Rocky Wilkins| William A. Graves | John A. Waits
  • Defendant(s):Double H Transport | Howard Harris
    • Counsel for Defendants: Joe S. Deaton, III | R. Jason Canterbury
    • Experts for Defendant(s): David Gandy

 Claims

Day initiated legal action against both Harris and his employer, Double H Transport, seeking damages for her injuries and losses in a ruck accident lawsuit . She based her liability claim on Harris’s negligent lane change maneuver, asserting that he either turned directly into her vehicle or attempted an improper U-turn due to his unfamiliarity with the area.

Defense

Double H Transport and Howard Harris mounted an aggressive defense strategy against Day’s claims. They denied all liability for the accident and challenged her version of events. Harris disputed Day’s account, characterizing the incident as a minor sideswipe collision rather than a direct hit. The defense team argued that Day failed to maintain a proper lookout and contributed to the accident through her own negligence. They highlighted the lack of reported injuries at the scene and emphasized Day’s 11-day delay in seeking medical treatment as evidence that the collision did not cause serious harm.

Expert Testimony

Double H Transport and Howard Harris mounted an aggressive defense strategy against Day’s claims. They denied all liability for the accident and challenged her version of events. Harris disputed Day’s account, characterizing the incident as a minor sideswipe collision rather than a direct hit. The defense team argued that Day failed to maintain a proper lookout and contributed to the accident through her own negligence. They highlighted the lack of reported injuries at the scene and emphasized Day’s 11-day delay in seeking medical treatment as evidence that the collision did not cause serious harm.

Jury Verdict

On July 17, 2024, the  jury delivered a decisive verdict in Day’s favor against Double H Transport and Howard Harris. The jury placed 100% fault on the defendant, rejecting the defense’s arguments about Day’s contributory negligence and pre-existing conditions. The jury awarded Day her full claimed medical expenses of $50,457, which covered her emergency room visit, orthopedic treatment, conservative care, and shoulder surgery.

In a significant determination of non-economic damages, the jury awarded Day an additional $1,576,154 for her pain, suffering, and ongoing physical limitations. This substantial non-economic award, approximately 31 times the medical expenses, reflected the jury’s assessment of the significant impact the shoulder injury and subsequent surgery had on Day’s quality of life. The total verdict amounted to $1,626,611 in a ruck accident lawsuit .

Court Documents:

Available Upon Request