STATE COURT OF BIBB COUNTY

CIVIL JURY VERDICT REPORT

PLAINTIFFS:         Quanah Fagan, Individually and on behalf of the Estate of Lois Ann Fagan and Demetrius Ross, guardian and Next Friend of Ricky Fagan, a minor

DEFENDANT:        S & S Quality Boring, Inc.

CASE NUMBER:   51875

JUDGE:                   William P. Adams

TYPE OF CASE:    Motor Vehicle Collision/Wrongful Death Claim - June 23, 2000

VERDICT:              Defendant

TRIAL DATE:        March 14-16, 2005

CLAIMED MEDICAL EXPENSES:       $22,506.98

CLAIMED FUNERAL EXPENSES:       $6,379.83

CLAIMED ECONOMIC DAMAGES:    PAST: $144,490.00            FUTURE: $607,250.00

INSURANCE CARRIER(S):        Auto Owners Insurance Co.

LAST PRETRIAL OFFER/DEMAND:   None 

PLAINTIFFS’ ATTORNEYS:     Virgil Adams and Marc Treadwell 

DEFENDANT'S ATTORNEY:    Kevin Wangerin and Dan Bullard IV

OTHER INFORMATION:

           Houston Road was in the midst of a road widening project on June 23, 2000, when Lois Fagan pulled out from Allen Road to turn left onto Houston Road. Her car was hit by a car driven by Kimberly Christian. Mrs. Fagan died at the hospital several hours later from injuries received in the collision. Plaintiffs initially sued Georgia Department of Transportation, who contracted for the widening project, APAC Georgia, Inc., the general contractor of the project, Pyles Plumbing and Utility Contractors, Inc., the subcontractor for work on water pipes, and S & S Quality Boring, Inc., who would actually bore under the road as a part of the project. The Plaintiffs’ case was based on a large mound of dirt that was sitting on the corner of the intersection at the time of the collision. Plaintiffs contended the dirt was negligently placed in such a way as to obstruct the vision of traffic coming off Allen Road onto Houston Road. Plaintiffs reached a settlement with all Defendants except S & S Quality Boring, Inc. S & S Quality Boring, Inc. took the position the mound of dirt did not obstruct the view of motorists and that it was not negligent in any way. Plaintiffs presented 7 witnesses and Defendant presented 5 witnesses. Numerous photographs and other exhibits were admitted into evidence.