Experience

Trucking Accident

Location: Polk County, Florida

Plaintiff: Kendra Lymon
Defendant: Bynum Transport, Inc.
Amount: $65 million verdict
Alleged Injuries: Automobile negligence resulting in traumatic head and brain injuries

Description: The plaintiff, 21-year-old Kendra Lymon was driving through the intersection of State Road 17 and State Road 64 when a Bynum Transport, Inc. tractor-trailer approached the intersection of state roads 17 and 64. There was another tractor-trailer in the opposite turn lane, blocking the Bynum Transport Inc. driver’s view. The truck turned left anyway, and he plowed into Kendra’s car on the driver’s side, crushing it and sending it spinning off the highway. The driver claimed he had a green arrow allowing him to make the left hand turn, but eyewitnesses later stated that was false and that the plaintiff had a green light and was not speeding. 

Kendra had no pulse when emergency personnel arrived at the accident scene. The lack of oxygen to her brain caused parts of it to die, and she suffered brain damage. She was in a coma, and hospitalized for months. Today, she needs around-the-clock care and continued rehabilitation, including physical, occupational and speech therapy. Wilkes & McHugh represented the family and worked to ensure Kendra would receive the care she needs for the rest of her life. The verdict was affirmed on appeal.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Wife killed, husband injured in Mississippi trucking accident

Location: Desoto County, Mississippi

Plaintiff: A female driver
Defendant: A trucking company and driver
Amount:  Confidential settlement
Alleged Injuries:  Negligence, gross negligence, loss of spousal consortium and wrongful death after a couple was involved in a tractor-trailer crash that left the wife dead and the husband severely injured

Description: A couple married for nearly 60 years were traveling northbound on US 61 on their way to Memphis from a trip to Tunica, Miss., in December of 2014. The wife was driving while her husband was in the passenger seat.

Meanwhile, a tractor-trailer driver traveled on Stateline Road a few miles east of US 61 near Walls, Miss. There is a stop sign at the intersection of Stateline Road and US 61 that required the truck driver to stop his truck and yield the right-of-way to those vehicles traveling north and south on US 61. The driver proceeded to make a grossly negligent left turn at this stop sign. As a result, he blocked the roadway at night with his tractor trailer in a grossly negligent manner.

The married couple had no time to stop and slammed into the back driver’s side portion of the tractor trailer near the tires. The collision killed the wife and severely injured the husband.

The tractor-trailer continued to block US 61, and it did not have on any hazard lights, nor were there any emergency reflective devices placed near the tractor trailer to warn drivers of a stopped commercial vehicle in the roadway. In fact, witnesses recall approaching the cab of the tractor trailer only to find no driver inside the vehicle. Witnesses also state that the driver of the tractor trailer never rendered aid, nor did they ever see him call 911.

The defendants violated numerous Mississippi traffic statutes and Federal Motor Carrier Safety Regulations before, during and after the crash in this case.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Motorcycle Accident

Location: DeSoto County, Florida

Plaintiff: Confidential
Defendant: Confidential
Amount: $1.375 million settlement
Alleged Injuries:  Negligence resulting in serious and permanent bodily injuries, disability, disfigurement, loss of capacity for the enjoyment of life, and the expense of medical and ongoing nursing care.

Description:  A Canadian man and his girlfriend were visiting Florida and riding their Harley Davidson motorcycle in Arcadia when they were struck by a motorist driving a Chevrolet Suburban. The injured man was airlifted to the hospital and diagnosed with intracranial traumatic hemorrhage and skull fractures, as well as a right distal clavicle fracture. He never fully recovered his cognitive abilities after the crash and needs ongoing skilled nursing care. 

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Man dies, wife severely injured in head-on collision

Location: Washington County, Pennsylvania

Plaintiff: Confidential
Defendant:  Confidential
Amount:  Confidential settlement
Alleged Injuries: Negligence and wrongful death in the case of a man killed in a head-on collision

Description:  Our client was driving his pick-up truck on a two-lane road when he was struck head-on by the defendant, who also was driving a pick-up truck in the opposite direction.  Our client was pronounced dead at the scene.  His wife, who was a passenger, suffered fractured ribs, a fractured nose, a fractured knee and a severe hip fracture. Her severe injuries required hospitalization and months of treatment and rehabilitation, as well as the future prospect of a hip replacement.

The defendant, who owned a construction company, crossed over the center line and hit our client’s truck. Our client was wearing his seatbelt, and the airbags deployed, but the violent crash forced the front end of his truck into the driver’s compartment. He died of blunt force trauma. Attorneys from Wilkes & McHugh obtained a substantial settlement for his survivors.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

Toddler killed, woman and other children injured in crash

Location: Union County, Arkansas

Plaintiff: Confidential
Defendant: Confidential 
Amount: Confidential settlement 
Alleged Injuries: Negligence and wrongful death in an auto accident that killed a toddler and injured members of her family.

Description: The plaintiff, a woman in her 30s, was driving with her three children westbound on a two-lane highway outside of Strong, Arkansas, on a sunny July afternoon. The defendant was driving eastbound in an F-150 pickup truck owned by his employer when he fell asleep while driving, veered across the center line, and collided head-on with the plaintiff’s SUV. The plaintiff’s vehicle came to rest with the front end crushed in a drainage ditch.

The plaintiff’s 20-month-old daughter was killed in the accident despite being in a child safety seat, and her 5-year-old son was seriously injured. The plaintiff also suffered serious injuries and endured multiple surgeries. In addition to long-term physical pain and injuries, she and her surviving children suffered ongoing mental and emotional trauma as a result of the crash and the death of the youngest child.

The defendant had been on his way home from work when the accident happened. According to his deposition testimony, he had gotten only about six hours of sleep total in the two nights prior to the crash. Wilkes & McHugh attorneys argued that the defendant’s employer was liable in the accident as well as the driver because the truck had been provided as part of the employee’s compensation, it was maintained by the employer, and all of the expenses related to the truck (gas, insurance, etc.) were covered by the employer. The driver possessed and drove that vehicle for the benefit of his employer, and on the date of this accident he was driving that vehicle home from work for the benefit of his employer, our attorneys argued.

Disclaimer: The results described on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. A prospective client may not obtain the same or similar results as those described on this website.

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