Facts

On May 9, 2005, Mitchell Peebles was was driving a semi-truck (tractor trailer). After exiting his cab, he was run over by a tractor trailer. The rear tires of the truck ran over his leg and back causing him to be sucked up into the rear wheels. Peebles sued the truck driver, the driver's employer, and the entity responsible for the premises.

PLAINTIFF'S CONTENTIONS:
Peebles argued that the driver's negligence caused the accident, for which his employer was vicariously liable, and the entity responsible for the premises should have directed him to a place where it would have been safe to exit his cab.

DEFENDANTS' CONTENTIONS:
The defendants claimed that Peebles was negligent when he exited his cab despite posted warnings not to. They claimed sole responsibility lay with Peebles and the driver. The defendants argued that Peebles did not exercise the level of care alleged and that he did not suffer permanent brain damage or post-traumatic stress disorder.

Specials in Evidence

Peebles sought $3667,975 in past medical costs and either $637,445 or $2,499,610 in future medical expenses. Peebles sought $809,608 for lost wages.

Injuries

After being taken to the hospital by ambulance, Peebles claimed, he required open reduction surgery to repair fractures to his facial bones. He require a month of physical therapy and continued to require all day attendant care. Peebles claimed to have suffered permanent brain damages which resulted in cognitive, mood, and motor impairment. He claimed that he suffered fractures to the frontal bone, nasal bone, bilateral maxillary sinuses, zygoma, orbit, and ribs. He claimed permanent tooth loss and the partial loss of vision. He also claimed post-traumatic stress disorder.

Result

The parties reached a settlement with Peebles receiving $4.5 million from owner of the premises and $1 million from the driver.

Other Information

This is a republication. In the initial publication, the final settlement figure was misstated. We regret the error.