Recent Cases

Smith v. R&R Express, Alfred Wedlake
SETTLED- maximum insurance limits
United States District Court for the Middle District
of Tennessee at Nashville, Docket No. 3:00-0973

On the morning of October 19, 1999, Plaintiff Ms.Smith, a customer service representative with Ford Motor Credit, was stranded in rush hour traffic with a group of cars on Interstate 65 South in Nashville, Tennessee.   Suddenly and without warning, a tractor trailer loaded with 43,000 pounds of steel and traveling 50 miles per hour, slammed into the group of cars and the resulting collision broke Ms. Smith’s spine in two places, rendering her unconscious.   The tractor trailer was owned by Defendant R&R Express located in Pittsburg, Pennsylvania and was being driven by Defendant Alfred Wedlake, a resident of Ohio.    Ms. Smith was rushed to the hospital and underwent a series of surgeries to repair her spine.   In addition to compensatory damages, Mrs. Smith requested punitive damages against both Defendants,  based on the following allegations adduced through extensive discovery of Defendants.

  1. At the time of the accident, Defendant Wedlake was driving beyond the maximum “on-duty hours” allowed by federal law.   In his efforts to conceal his misconduct, Defendant Wedlake intentionally falsified his log books.   In an effort to cover up the falsification of his log books, Defendant Wedlake disposed of his log books after the accident and then lied in his deposition about his hours of travel to the authorities and to the Court.

  2. At the time of the accident, five out of the ten brakes on Defendant Wedlake’s tractor trailer were out of adjustment and Defendant Wedlake took active measures to conceal this fact by bypassing an Inspection Station  at the Tennessee/Kentucky border on the day of the accident.

For a more detailed analysis of the facts of this case, please feel free to review a MEMORANDUM that was filed in the case by Mr. Hayes. The Defendants settled the case by finally agreeing to pay the maximum limits of their insurance coverage after the Court agreed with the arguments made by Mr. Hayes in the Memorandum.

Smithson v. Continental Express, David Sugrue
SETTLED - Confidential Amount
Second Circuit Court for Davidson County, Tennessee at Nashville,
Docket No. 04C-05C2

On the morning of January 1, 2004, Plaintiff Patricia Smithson, a resident of White Bluff, Tennessee, was on her way home from her work as a caregiver to the elderly when she was rear-ended by a full-loaded tractor trailer and taken to the emergency room with serious injuries to her neck and back.   The tractor and trailer was owned and operated by Defendant Continental Express located in Little Rock, Arkansas and was being driven by Defendant Michael Sugrue, a resident of New York.    The case was settled in mediation for a confidential settlement amount.

Underwood v. Continental Express, James Fitzgerald
SETTLED - Confidential Amount
United States District Court for the Middle District
of Tennessee at Nashville, Docket No. 03:04-0680

On July 19, 2004, Ms. Underwood, a practicing attorney from Franklin, Tennessee, was stranded with a blowout in the emergency lane of Interstate 40 East in Nashville, Tennessee.    As she and Officer Christy Dedman of the Metropolitan Nashville Police Department were attempting to change the flat tire on Ms. Underwood’s Yukon, a fully loaded tractor trailer crashed into the women, killing Officer Dedman and critically injuring Ms. Underwood.    The tractor trailer was owned and operated by Defendant Continental Express located in Little Rock, Arkansas and was being driven by Defendant James Fitzgerald, a resident of Kentucky.     Through extensive discovery, it has been determined that under the applicable Federal Laws, Defendant Fitzgerald was “Disqualified” from operating a commercial motor vehicle at the time Continental hired him and remained “Disqualified” at the time of the crash.   Defendant Fitzgerald has subsequently pleaded guilty to the crimes of “Reckless Vehicular Homicide” and “Aggravated Assault” related to the incident.   All parties agreed to resolve the matter for a substantial settlement, the terms of which have been made confidential.

For additional information regarding this case, please feel free to review the COMPLAINT that was filed in the case by Mr. Hayes, as well as the FIRST MEMORANDUM and SECOND MEMORANDUM in Support of the two (2) Motions for Summary Judgment filed by Mr. Hayes in the case, both of which were granted by the Federal District Court, in ORDER ONE and ORDER TWO.

Barnes v. Overton Distributors, Superior Driver Source, Tim Ellis     
SETTLED - Confidential Amount
Circuit Court for Davidson County, Tennessee  at Nashville,
Docket No. 05C-2581

On August 18, 2005 at approximately 4:45 p.m., Mr. Barnes, a warehouse manager, husband, and father of three, was on his way home from work on Interstate 24 East near the Hickory Hollow exit.   Kirk was traveling in Lane 2 (counting out from the concrete median in the middle).   A tractor trailer driven by Timothy Ellis, employed by Superior Driver Source but leased out to Overton Distributors, a food produce company in LaVergne, Tennessee was traveling in the same direction on Interstate 24 East, slightly behind and to the left of Mr. Barnes, in Lane 1 (nearest the concrete divider).  At that point on Interstate 24 East, Lane 1 is the H.O.V. lane and tractor trailers are prohibited from traveling in that lane at that time of day.   Without warning, the tractor trailer changed from Lane 1 to Lane 2, clipped the left rear of Mr. Barnes’ car, and caused him to go into a spin, ultimately causing him to hit the concrete median head on.   Mr. Barnes’ car was totaled in the crash and he suffered serious injuries as a result of the crash.  Through agressive discovery, Mr. Hayes uncovered the fact that at the time Mr. Ellis was hired, and at the time of his crash, he was prohibited from driving a tractor-trailer under Federal law.  In addition, Mr. Hayes established that Mr. Ellis was falsifying his daily logs and had falsified his application for employment.  All parties agreed to resolve the matter for a substantial settlement, the tems of which have been made confidential.

For additional information regarding this case, please feel free to review the COMPLAINT that was filed in the case by Mr. Hayes

Curiel v. Eddie Kelley
SETTLED - Maximum Insurance Limits
Circuit Court for Decatur County, Tennessee at Decaturville
Docket No. 2863

On October 28, 2006, Mr. Curiel, a commercial painter from the Nashville area, was traveling West on Highway 100 East near Decaturville, Tennessee. At the same time, Eddie Kelley, owner of an earthmoving business, was traveling East on Highway 100 driving a tractor trailer carrying a large bulldozer. According to the police reports, Mr. Kelley failed to tie down or otherwise properly secure the bulldozer to the trailer. While negotiating a curve on Highway 100 East, the bulldozer shifted and fell off the trailer to the right, causing the trailer to be propelled to the left, to cross the dividing line, and to collide head-on with Mr. Curiel. The force of the Collision between Mr. Curiel's car and the tractor trailer broke the axle of the trailer and destroyed Mr. Curiel's car, causing him numerous broken bones, lacerations, internal injuries, and tremendous pain and suffering. Mr. Curiel's cause of action against Mr. Kelley was based upon the Federal Motor Carrier Safety Regulations (49 CFR Sec. 393.130) regarding securing heavy vehicles, equipment and machinery. Mr. Kelley's insurance carrier offered the limits of their coverage within four (4) months of Mr. Hayes' filing the lawsuit.

Glennon v. Kenco Construction, James Blakely
SETTLED - Confidential Amount
Circuit Court for Davidson County, Tennessee at Nashville

On September 8, 2005, Ms. Glennon, was traveling West on Old Hickory Boulevard in Nashville, Tennessee. At the same time, James Blakey, a commercial truck driver, was traveling East on Old Hickory Boulevard in Nashville, driving a dump truck entrusted to him by Kenco Construction Company. As the two vehicles approached each other from opposite directions, an entire set of wheels and tires broke loose from the dump truck and struck the front of Ms. Glennon's car, causing her to lose control of her car, leave the roadway, and crash into a ditch. Ms. Glennon suffered serious injuries in the crash and was rushed by emergency personnel to the hospital. At the time of the crash, Mr. Blakely was driving the dump truck on a suspended license. All parties agreed to resolve the matter for a substantial settlement, the terms of which have been made confidential.

Johnson v. United Parcel Service, Dan Fuller
SETTLED- Confidential Amount
Circuit Court for Davidson County, Tennessee at Nashville
Docket No. 06C - 2745

On October 10, 2006, Ms. Johnson, a nurse from Nashville, Tennessee, was traveling East on Interstate 40 in Nashville during rush hour traffic. At the same time, Dan Fuller, a commercial truck driver employed by United Parcel Service, was also traveling East on Interstate 40, driving a UPS double-trailer tractor trailer rig. Suddenly and without warning, the tractor trailer being driven by Mr. Fuller swerved into Ms. Johnson's legal lane of travel and collided with her car. The impact of the collision caused Ms. Johnson to spin violently out of control and ultimately crash into a rock wall just off the Interstate. Ms. Johnson's car was totaled in the crash and she had to be extracted from her vehicle and rushed to Vanderbilt University Medical Center. All parties agreed to resolve this matter for a substantial settlement, the terms of which have been made confidential.

Enyeart v. Holt-Walker Trucking, Ashley Wright, Leon Walker,Charles Holt, Jim Holden d/b/a 24/7 Express
SETTLED- Confidential Amount
Circuit Court for Davidson County, Tennessee at Nashville
Docket No. 07C - 155

On October 11, 2006, Mr. Enyeart was traveling East on Interstate 24 in Nashville, Tennessee. At the same time, Ashley Wright was also traveling East on Interstate 24, driving a trailer tractor trailer entrusted to him by Defendant Holt-Walker Trucking and/or Jim Holden d/b/a 24/7 Express. Suddenly and without warning, the tractor trailer being driven by Mr. Wright swerved into Mr. Enyeart's legal lane of travel and collided with Mr. Enyeart's car, causing Mr. Enyeart to spin violently out of control and crash into the concrete barrier in the middle of the Interstate. During the Collision, Mr. Enyeart was thrown violently about his car and struck his head, neck, face, arms and torso on the hard interior surfaces within the car, causing him tremendous pain and suffering. All parties agreed to resolve this matter for a substantial settlement, the terms of which have been made confidential.

Parnell v. Holt-Walker Trucking, Ashley Wright, Leon Walker,Charles Holt, Jim Holden d/b/a 24/7 Express
SETTLED- Confidential Amount
Circuit Court for Davidson County, Tennessee at Nashville
Docket No. 07C - 168

On October 11, 2006, Ms. Parnell was a passenger in a car traveling East on Interstate 24 in Nashville, Tennessee. At the same time, Ashley Wright was also traveling East on Interstate 24, driving a trailer tractor trailer entrusted to him by Defendant Holt-Walker Trucking and/or Jim Holden d/b/a 24/7 Express. Suddenly and without warning, the tractor trailer being driven by Mr. Wright swerved into the legal lane of travel of the car in which Ms. Parnell was riding and collided with her car, causing it to spin violently out of control and crash into the concrete barrier in the middle of the Interstate. During the Collision, Ms. Parnell was thrown violently about the car and struck her head, neck, face, arms and torso on the hard interior surfaces within the car, causing her tremendous pain and suffering.  All parties agreed to resolve this matter for a substantial settlement, the terms of which have been made confidential.

Rosati v. Dart Transit, John Napier
SETTLED- Confidential Amount
United States District Court for The Middle District of Tennessee at Nashville
Docket No. 03:08-0157

On the afternoon of February 8, 2008, Ms. Rosati, a student at Middle Tennessee State University, was traveling North on Interstate 65 in Nashville.  Suddenly and without warning, a tractor-trailer being driven by Defendant Napier on behalf of Defendant Dart Transit, changed lanes and made contact with Ms. Rosati's car, causing it to spin violently out of control across the Interstate in front of the tractor-trailer.  Ms. Rosati's car continued to spin out of control across the median and into the oncoming traffic of Interstate 64 South, where Ms. Rosati was struck head-on by two different vehicles.  Ms. Rosati had to be extracted from the car by the Nashville Fire Department and was rushed to Vanderbilt University Medical Center with serious injuries. All parties agreed to resolve the case for a substantial settlement, the terms of which have been made confidential.

Frazier, Barnett, Valles, Richardson and Murphy v. Con Link Transportation Care, Roosevelt Johnson
PENDING- Jury Trial anticipated in 2010
United States District Court for The Western District of Tennessee at Memphis
Docket No. 2:09-02018

On October 20, 2008, Ms. Frazier, a thirteen year old girl, was boarding a school bus when a commercial motor vehicle driven by Defendant Johnson on behalf of Defendant Con Link Transportation crashed into the rear of the school bus. An investigation by the Department of Transportation revealed that Defendant Johnson fell asleep behind the wheel of the commercial motor vehicle because at the time of the accident he had been driving 13 hours beyond the 15 hour limitation. Mr. Hayes represents five separate plaintiffs who received injuries in the crash.  A jury trial is anticipated in 2010.