JURY AWARDS MAN $1 MILLION VERDICT FOR RANGELINE ROAD CRASH WITH UPS DELIVERY TRUCK
Aug 29, 2014
BY: Michael Finch, II, al.com
MOBILE, Alabama -- A Mobile County jury granted a man a $1 million award
for damages after a car accident with a UPS delivery truck two years ago.
Gerald Simoneau II was driving on Rangeline Road when a UPS truck driven
by Steven A. Chestnut veered onto the street, colliding with the vehicle
he was driving, according to a complaint filed in Mobile County Circuit Court.
After the February 28 crash, Simoneau, underwent multiple surgeries to
repair broken bones, including his ribs and clavicle; and permanent injuries
to one of his arms. A jury awarded Simoneau compensatory damages for the
incident Thursday.
"UPS's driver chose not to follow basic safety rules. By violating
the right-of-way, he caused a collision that permanently injured another
person," said Lucy Tufts, an attorney for Cunningham Bounds who represented
Simoneau, the plaintiff.
Chestnut, who was then employed by UPS, attempted to cross the intersection
near Todd Acres Road and pulled in front of Simoneau only seconds before
they both collided.
"UPS is disappointed with the jury's verdict and we are evaluating
whether we are going to appeal," said Susan Rosenberg, a spokesperson
at the corporate office in Atlanta. "Because it's so recent our
lawyers need time to study the elements of the verdict."
The shipping and logistics company has 30 days to file a motion for an
appeal. That motion can sit before a judge as long as 90 days.
"Even after its driver admitted fault, UPS was not willing to accept
responsibility. UPS spent 2 ½ years litigating the case and wanted
the jury to believe that Mr. Simoneau was to blame for not seeing and
avoiding its delivery truck," Tufts said.
"The jury's verdict sent a message that it is important for corporations
like UPS to be accountable and to take responsibility for their actions
when they cause harm to someone else."