Tony K. Pyle v. Schneider National Carrier, Inc., Kevin L. Warner, and Liberty Mutual, Inc.
United States Discrict Court
Northern Disctrict of Georgia
Civil Action File No. 1:07-CV-01277-RWS
Liability Facts: On October 6, 2006, Plaintiff was involved in a motor vehicle accident with Defendant Warner, who at the time was an employee or agent of Defendant Schneider, on Lake Mirrow Road, Clayton County, Georgia.
At the time of the accident, Defendant Warner was operating a tractor trailer truck owned by Defendant Schneider. As Defendant Warner was traveling North on Old Dixie Road, Warner negligently turned left directly in front of Mr. Pyle’s vehicle causing the collision and resulting injuries to Mr. Pyle.
Plaintiff was trapped in his car for more than thirty minutes as a stranger applied pressure to his leg to keep him from bleeding out. He was life flighted to Atlanta Medical Center, where doctors began the long process of trying to save his leg. Mr. Pyle had an IVC filter placement and underwent surgery for irrigation and debridement of his left femur fracture with internal fixation. Plaintiff also had an open reduction and internal fixation of his left tibial plateau and repair of his left patella tendon, left anterior cruciate ligament and repair of the left meniscus. After long period of treatment amputation may be Mr. Pyle’s best option. Mr. Pyle suffers from anxiety due to the fear of losing his leg and being forced to endure the humiliation associated with disfigurement. In addition, as a result of this devastating accident, he is in constant pain, and he struggles with depression. He has limited range of motion in his left leg.
Defendant Warner was cited with failure to yield while turning left in violation of O.C.G.A. § 40-6-71. Defendant Warner has, in effect, admitted liability in the traffic case. Defendant did not admit liability and contended Plaintiff’s speed contributed to his injury.
The parties mediated the case on January 30, 2008.
Injury Facts: Open right femur fracture, open left femur fracture, open left elbow fracture, and an open left tibial plateau fracture.
Medical Expenses: $577,603.50
Experts: Kathryn Willard
Willard/Ahrendt Rehabilitation, Inc.
265 West Pike Street, Suite 1
Lawrenceville, GA 30045
P.O. Box 3992
Atlanta, GA 30302-3992
8821 Midway West Road
Raleigh, NC 27617-4606
Howard A. McMahan, MD
550 Peachtree Street, NW
Atlanta, GA 30308
Rodrigo Duralde, MD
Pain Consultants of Atlanta
3579 Hwy 138 S.E., Suite 204
Stockbridge, Georgia 30281
Plaintiff’s Attorney: Andrew C. Ausband, The Ausband Firm, Atlanta, Georgia
Defendant’s Attorney: Clay Porter and John Dixon, Denis, Corry, Porter and Smith, Atlanta, Georgia