April 21, 2026. GMKE Partner Ankur Trivedi obtained a Defense Verdict in Fulton County in a disputed liability case where the insurance carrier was a named-Defendant at trial under the old Motor Carrier Act. GMKE Associate Attorney Thomas Stevenson served as second-chair.
The subject incident occurred on June 26, 2023 in Jefferson, GA. Plaintiff alleged that he was stopped at a light on Hwy 129 at the I-85 overpass when Defendants’ vehicle rear-ended him. Defendant-driver was operating a “roll off” truck in the scope of his employment with a motor carrier.
The responding officer found Plaintiff at fault for improper lane change, relying on property damage which showed damage to the front-left bumper of Defendants’ vehicle and rear-right bumper of Plaintiff’s vehicle. The defense argued that the property damage could only have occurred if the Plaintiff merged from left to right directly in front of Defendants’ vehicle, which is why Plaintiff was found at fault at the scene.
Plaintiff introduced medical records from three providers and did not introduce medical bills. Plaintiff testified to the pain he experienced and the treatment he received. Plaintiff called his passenger/son as both a fact witness and before-after witness. Plaintiff also cross-examined the owner of the motor carrier during his presentation.
After Plaintiff rested, the defense moved for a Directed Verdict as to Plaintiff’s claim for Negligent Hiring, Retention, and Supervision, arguing that Plaintiff had not introduced any evidence showing that an alleged breach of duty caused or contributed to the collision. The Court agreed and granted a Directed Verdict on the claim for Negligent Hiring, Retention, and Supervision. The defense then rested.
In closing arguments, Plaintiff asked the jury to award $300/day for 1,030 days for past pain and suffering, and an equal amount for future pain and suffering, totaling $618,000. The defense asked the jury to find in favor of Defendants.
Throughout trial, Plaintiff mentioned the insurance carrier’s name numerous times, relying on the idea that a jury would award damages because an insurance carrier was named. Plaintiff’s last demand prior to trial was $60,000. The jury deliberated for one hour before returning a verdict in favor of Defendants.
The case was Juan Carlos Carrillo Munoz v. B.H. Smith LLC et al. State Court of Fulton County, CAFN 23EV007244.
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