A jury has awarded $167,000 to a pedestrian who alleged that a bicycle deliveryman hit him as he was crossing an intersection.
Facts and Allegations
Michael Ellis alleged that he was walking across the street at an intersection when he was struck by a bicycle deliveryman. He sued JJ's of Atlanta, alleging that it was vicariously liable for the negligence of its Jimmy John's deliveryman.
According to Mr. Ellis, the deliveryman had been speeding through a red light at the intersection and had not stopped after hitting him.
JJ's of Atlanta conceded liability. The trial proceeded on the issue of Mr. Ellis' claimed injuries and damages.
Result
The jury awarded Mr. Ellis $167,000 in compensatory damages, but refused to award any punitive damages against JJ's.
The case is Ellis v. JJ's of Atlanta, No. 16-EV-766 (Ga. Fulton Co. State Ct. Feb. 1, 2018). Attorneys involved include: Darren M. Tobin; Butler Tobin LLC; Atlanta, GA, for Michael Ellis Jeb Butler; Butler Tobin LLC; Atlanta, GA, for Michael Ellis; Bobby B. Terry; counsel of Cincinnati Insurance Company; Peachtree Corners, GA, for JJ's of Atlanta.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's and defense counsel.
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