Gooch, Jennifer vs Turner, Gerbi

On May 8, 2024, the Tennessee jury unanimously found in favor of Plaintiff Jennifer Gooch in the present tort case which resulted from a motor vehicle accident. They awarded her $1,894,263.15 in damages for Defendant’s negligence and another $30,000,000 in punitive damages.

Case Background

On September 01, 2021, Jennifer Gooch filed a complaint for damages, alleging negligence on the part of the Defendants before the Tennessee State, Davidson County Circuit Court 8. Judge Lynne T. Ingram presided over this case. [Case number: 21C1491]

Cause

Jennifer Gooch, a resident of Davidson County, Tennessee, filed a lawsuit against Gerbi Turner, a Florida resident, and Smyrna Ready Mix Concrete, LLC.  On September 16, 2020, Gerbi Turner was driving a concrete mixer truck on Queens Lane Court in Nashville, Davidson County, Tennessee, approaching the intersection with Eatons Creek Road. Simultaneously, Jennifer Gooch was driving her vehicle on Eatons Creek Road towards the same intersection. Turner proceeded into the intersection with the concrete mixer truck and collided with Gooch’s vehicle which had run the stop sign.

Injury

Jennifer Gooch suffered injuries directly resulting from the collision. She received treatment for a sprained ankle, a chipped tooth, and an injury to a disc in her lower back, along with associated myofascial pain. Her course of care had included two trigger point injections. Consequently, she incurred medical bills and other expenses. The collision caused physical pain, mental suffering, and loss of enjoyment of life. Gooch also experienced lost wages, diminished earning capacity, or other out-of-pocket expenses. She sought to recover all damages allowed under Tennessee law.

Damages

Jennifer Gooch sought several forms of relief in her claim. Firstly, she requested compensatory damages from both Gerbi Turner and Smyrna Ready Mix Concrete, LLC, jointly and severally. The specific amount was to be determined by the trier of fact, with a minimum amount exceeding $25,000. Secondly, Gooch requested reimbursement for all discretionary costs and court fees associated with pursuing her case. Finally, she prayed for any additional relief deemed reasonable, just, and necessary under the circumstances of the case.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff: Jennifer Gooch
  • Defendants: Gerbi Turner | Smyrna Ready Mix Concrete, LLC
    • Counsel for Defendants: David Jackson Sneed | Lynn Vo Lawyer | Kelly Gray Conley | Miles Thomas Martindale | Charlotte Elam | Jeffrey Howard Gibson | Peter C Rathmell | George Tolbert III Lewis | Tyler Wampler
    • Experts for Defendants: Dr. David West 

Claims

Plaintiff claimed that Defendant Gerbi Turner failed to exercise reasonable care while operating the concrete mixer truck, neglecting to prevent harm to others on the road. Turner had allegedly violated Tenn. Code Ann. § 55-8-136 by failing to avoid colliding with Gooch’s vehicle, neglecting to maintain a safe lookout, failing to control the truck properly, and not dedicating sufficient attention to driving safely. Additionally, Turner’s negligence occurred while he was acting within the scope of his employment with Defendant Smyrna Ready Mix Concrete, LLC, so they were vicariously liable.

Smyrna Ready Mix Concrete, LLC, held vicarious responsibility for Turner’s negligent actions under the principle of respondeat superior. The company knew or should have known about Turner’s tendency to operate concrete mixer trucks negligently, thereby posing a foreseeable risk of harm to others. Smyrna Ready Mix Concrete, LLC’s negligent entrustment of the concrete mixer truck to Turner directly caused the collision and Gooch’s resulting injuries and damages.

Defense

The Defendants denied all allegations against them and maintained that they had not been negligent. They prayed for the dismissal of the case.

Expert Testimony

Both sides brought in experts to weigh in and strengthen their arguments. The Plaintiff brought in Dr. James Yu and Dr Robert Todd to provide their expert opinions. The Defendants, on the other hand, brought in Dr David West to conduct a records review and an analysis of Plaintiff Jennifer Gooch’s treatment.

Jury Verdict

On May 8, 2024, the Tennessee jury unanimously found in favor of Plaintiff Jennifer Gooch. They awarded her damages for the Defendant’s negligence as follows:

  • Past medical expenses: $69,263.15
  • Past Physical Pain and Mental Suffering: $100,000
  • Future Physical Pain and Mental Suffering: $925,000
  • Permanent Injury: $150,000
  • Loss of Enjoyment of Life – Past: $150,000
  • Loss of Enjoyment of Life – Future: $500,000

The total damages came up to $1,894,263.15. In a second mini-phase, the Plaintiff was awarded $30,000,000 in punitive damages.

On July 8, 2024, Defendant Smyrna Ready Mix Concrete moved the Court to reduce Plaintiff’s jury award before entering a judgment.

Court Documents:

Available upon request