Jury awards $6M to family of man killed in tractor-trailer crash

The family of a man who died after a tractor-trailer crashed into his van has secured a $6 million wrongful death verdict against the at-fault driver and his employer, the family’s attorney reports.

Wade Byrd of Fayetteville and Curtis Osborne of Charlotte report that the victim, Sammie Pendergrass, was heading east on U.S. 74 in Anson County while Franklin Burgess was heading west in March 2017. Burgess lost control of his truck, crossed the median, and collided head-on with Pendergrass’s van.

Byrd said that Pendergrass, who was 24, was thrown 50 feet from his vehicle into a ditch and was found about 10 minutes later. He suffered blunt force trauma, open right knee deformity, significant forehead swelling and ecchymosis, left eye injury, distended stomach, deformity to right arm, swollen left eye, unstable pelvis injury, and deep lacerations to his right lower extremity, right upper extremity, eyelids, and abdomen.

Byrd said that Pendergrass was alert for at least 30 minutes before losing consciousness. He died a few hours later of cardiac arrest.

During trial, Burgess testified that he suffered from cough syncope, a condition in which people lose consciousness during coughing fits, and had passed out a few seconds before the crash and lost control of the tractor-trailer. Byrd said that he believes the jury thought Burgess was lying.
“We found an eyewitness who followed him for twelve miles before the crash and who testified he was weaving from lane to lane constantly, causing her to be afraid to try and pass him,” Byrd said. 

The trial lasted nine days, and the jury deliberated for two hours before returning its verdict on Feb. 13. Pendergrass’s parents described him as an “incredibly good person” who worked two jobs, helped his brother and sister pay their bills while they were in college, and was very active in his church.

The defendants’ highest offer had been $1 million.
John Barringer and Meredith Cushing of McAngus Goudelock & Courie in Charlotte represented Burgess and his employer, S&D Coffee. Barringer said the verdict is on appeal and declined to comment. 

Follow Bill Cresenzo on Twitter @bcresenzonclw

VERDICT REPORT — MOTOR VEHICLE WRECK

Amount: $6,000,000

Injuries alleged: Death

Case name: Estate of Sammie Pendergrass vs. S&D Coffee, Inc. and Franklin Burgess, Jr.

Court: Anson County Superior Court

Case number: 18-CVS-200

Judge: James M. Webb

Date of verdict: Feb. 13

Demand: $4,000,000

Highest Offer: $1,000,000

Most helpful experts: Dr. Mark D. Tripp of Fort Royal, Virginia (emergency room physician), Dr. Robert Aris of Chapel Hill (pulmonology), Steve Farlow of Raleigh (accident reconstruction), and David Dorrity of Mauldin, South Carolina (trucking safety)

Insurance Carrier: Travelers Insurance and Allianz Global Risks U.S. Insurance Co

Attorneys for plaintiff: Wade Byrd of Fayetteville and Curtis Osborne of Charlotte

Attorneys for defendants: John Barringer and Meredith Cushing of McAngus Goudelock & Courie in Charlotte