AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Marta bus hit car12/29/2023 ![]() Thanks to the region's sprawl, commuting patterns in Metro Atlanta are much less typical than in other cities, making it harder for MARTA to serve people's needs with traditional hub-and-spoke trips. Instead, a sprawling city needs a sprawling transit agency. To thrive in its new expanded form, MARTA must embrace this reality. Now more than ever, Atlantans need to go from suburb to suburb more than they need to go downtown. Four in five Clayton commuters work somewhere other than Atlanta at the same time, four in five people who work in Clayton County don't live there. If you’ve ever been in a situation with MARTA buses, contact our MARTA bus accident attorney.Like Atlanta's aptly named Perimeter Center Mall, the new center of MARTA's network may well be at the perimeter. Lastly, MARTA appeals the size of the attorney’s fees awarded to the plaintiff’s counsel, arguing that the amount is too and was not correctly calculated by the trial judge. Additionally, MARTA argues that the trial court erred in charging the jury on spoliation of evidence related to the missing potions of the video from the bus that showed the fall.Īt trial, the jury heard evidence that MARTA lost or destroyed the entire video file and only preserved that portion of the video that showed Ms. In its’ appeal, MARTA argues that it did not breach a duty owed to Johnson because it lacked knowledge of any specific infirmities that would require assisting her in disembarking from the bus. ![]() The Court of appeals has granted MARTA’s request for oral argument. The case is an important one for Georgia citizens, particularly for those with disabilities who use MARTA for public transportation. The Georgia Court of appeals case number is A21A0626. MARTA’s opening appeal brief was filed on December 14, 2020, and the plaintiff’s response brief was filed on January 4, 2021. This Motion was denied, and MARTA filed a Notice of appeal on September 3, 2020. Predictably, MARTA hired new lawyers, filed a Motion For New Trial, and objected to the attorney’s fees award. Jaccolah Johnson was 66 years old when she fell while exiting a MARTA paratransit bus on January 24, 2016. Surprising no one, given the nature of her injury, shortly after the trial of the case in the fall of 2018, Ms. Jaccolah Johnsonīy all accounts, Johnson- a bubbly and wonderful person-was left immobile, unresponsive, and required 24/7 care. Within hours she developed a brain bleed that necessitated emergency surgery to save her life but left Johnson functionally unconscious. The predictable result was that Johnson, given her well-documented mobility issues, stumbled and fell, striking her head on the concrete curb below. And so it was for Jaccolah Johnson when she arranged to be transported by one of MARTA’s Mobility Services buses.Īlthough MARTA policies and training required the driver to “shadow” passengers when exiting the bus-mostly because of an awkward and new design of the entry/exit steps on this particular bus – MARTA’s employee here did no such thing. The case involved MARTA’s Mobility Services program, which caters to paying public transportation users who need a little extra time or assistance because of various mobility or other health issues. MARTA ignored the offer, and the case proceeded to trial. Plaintiff had offered to settle the case for $5,000,000. The Judge granted the fees under the plaintiff’s Motion for Attorney’s fees based upon MARTA’s failure to accept the plaintiff’s Offer of Judgment under O.C.G.A. He specializes in cases involving severe injury and wrongful death.įollowing the case’s trial, the Court awarded attorney’s fees of $3,250,000 and expenses in the amount of $63,040.25. Singleton has been practicing personal injury law in Atlanta for thirty (30) years. Jaccolah Johnson, through her Guardian and Conservator, her daughter, Rachel Tyler, are represented by Atlanta Personal Injury attorney, Donald W. This is the largest jury verdict ever recovered against the Metropolitan Atlanta Rapid Transit Authority (MARTA). The jury also found plaintiff to be 25% responsible, and the verdict was reduced accordingly to $18,750,000.00. On November 8, 2018, a Fulton County jury returned a record verdict in favor of the plaintiff, awarding damages to the plaintiff of $25,000,000. ![]() MARTA, Superior Court of Fulton County, State of Georgia, Civil Action File No. Jaccolah Johnson, by and through her Guardian and Conservator, Rachel Tyler vs.
0 Comments
Read More
Leave a Reply. |