Lowndes jury awards $5M in wreck death - Insurance News | InsuranceNewsNet

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April 27, 2017 Newswires
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Lowndes jury awards $5M in wreck death

Valdosta Daily Times (GA)

April 27--VALDOSTA -- A Lowndes County jury awarded $5.27 million to the family of a man killed in a 2015 accident in Lenox.

Cameron Corbitt was killed Sept. 30, 2015, during a traffic incident involving a Scruggs Concrete Company truck driven by William Foskey.

Hudson King attorneys J.L. King II and J. Shane Hudson of Tifton, along with Lee Kynes of Kynes Law in Atlanta, represented the family of Corbitt. Scruggs Concrete Company and the driver were represented by Ian Rapaport from Atlanta.

The accident occurred during foggy, early morning hours when the Scruggs tractor-trailer backed down U.S. Highway 41 and attempted to turn around by backing across the road after missing a turn, according to court records.

"In addition to the fog and darkness, we later discovered the reflective tape on the side of the tractor-trailer did not actually reflect," King said. "Scruggs claimed the tape was functional through the beginning of trial before Scruggs' general manager admitted during our questioning he could not see the trailer in a video taken by Scruggs' representatives. Following this, several other Scruggs representatives, including the shop manager, and president, admitted at trial under cross examination, the tape was not functional after having testified they could not tell the difference in this tape and other reflective tape under oath at depositions."

Reports also indicated the driver of the Scruggs' truck tested positive for Xanax and a toxicologist hired by the defense admitted the level found in the driver's blood was consistent with him taking the drug before he left the house that morning.

"The defendants' toxicologist responded he 'did not know' when asked if he would allow his daughter to ride with the Scruggs driver," King said. "The driver was prescribed Xanax but never received the proper medical certification necessary to drive a commercial motor vehicle while on a substance like Xanax. At trial, after initially stating the driver was medically qualified to drive, Scruggs general manager admitted during our questioning the driver was not medically qualified to drive at the time of the accident."

King said evidence revealed the driver was on the phone for 42 of the 55 minutes between the time he left Valdosta and the wreck and pleaded the fifth in regards to whether or not he had a hands-free device in his truck.

Judge J. Kent Edwards presided over the case.

The jury awarded $5 million for the loss of life of Cameron Corbitt and $20,000 for burial expenses and pain and suffering. The jury also awarded $250,000 in punitive damages against the driver for the total award of $5,270,000, according to court records. The proceeds of the jury award will be held in a trust created for Corbitt's daughter and is being managed by investment professionals in Atlanta, King said.

Desiree Carver is Lifestyles Editor at the Valdosta Daily Times. She can be reached at (229) 375-5777.

___

(c)2017 The Valdosta Daily Times (Valdosta, Ga.)

Visit The Valdosta Daily Times (Valdosta, Ga.) at www.valdostadailytimes.com

Distributed by Tribune Content Agency, LLC.

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