Tractor-trailer collison: Excessive speed: Respondeat superior liability: Multiple fractures: Structured settlement

Law Reporter, May 2001

Tractor-trailer collision: Excessive speed: Respondent superior liability: Multiple fractures: Structured settlement.

Colton v. McElroy's Truck Lines, Inc., Ala., Mobile County Cir. Ct., No. CV-99-1325, Oct. 2,2000.

Colton, 40, was driving a tractor-trailer on a highway. Another tractor-trailer driven by Witherspoon collided with Colton's vehicle head-on. Colton suffered broken bones on almost the entire left half of his body. He spent one month on a respirator and underwent over 30 surgeries. His past and future medical expenses total $1 million. Colton had been a truck driver earning approximately $50,600 annually. He has been able to return to work parttime performing light-duty work. His past and future lost earnings total $500,000.

Colton sued Witherspoon's employer under a respondeat superior theory of liability. Plaintiff claimed Witherspoon had been speeding and crossed the centerline of the highway.

The parties reached a settlement before trial for $2.25 million cash and a structure that will pay out an additional $3.6 million over plaintiff's lifetime.

Plaintiff's experts included Catherine Brock, life-care planning, Daphne, Ala.; Timothy Revels, orthopedics, Mobile, Ala.; and Mark Wells, plastic surgery, Akron, Ohio. Plaintiff's Counsel

*Andrew Citrin, Daphne, Ala. *Michael McGlothren, Daphne, Ala.