When Jose "Joe" Garcia, a truck driver from North Carolina, was injured by a falling tree on I-85 in Banks County, Georgia, his life took an unexpected turn. The tree was negligently dropped by Southern Clearing & Grinding, Inc., which resisted taking responsibility.
Thanks to the efforts of Warner Hornsby, Garcia secured a settlement of $3,006,622.33. This will enable him to undergo necessary surgery that had been postponed for years.
Initially, Garcia's injuries were considered minor. He was sent to a physician assistant by his occupational insurance who missed diagnosing a significant labral tear in his hip. It took over three years and a neurosurgeon's intervention to properly identify the issue.
The defense had only $1 million in insurance and attempted to avoid settling. They filed for bankruptcy twice as a delaying tactic.
Hornsby leveraged these delays effectively. He argued that the second bankruptcy filing nullified an earlier agreement that limited recovery to the insurance policy amount. A bankruptcy judge concurred, allowing for a bad faith claim and potential excess verdict.
At trial, the defense's owner did not attend in person; instead, Hornsby presented a 2.5-hour video deposition showing inconsistencies in the owner's statements. The jury found this compelling.
Despite efforts by two doctors hired by the defense to contest Garcia's injuries, the jury awarded him $2.51 million. After multiple unsuccessful appeals—including one rejected by the Georgia Supreme Court—the defense agreed to pay the full judgment with interest.
This case highlights how experienced legal representation can lead to justice even when circumstances seem unfavorable for the victim. Garcia’s injuries were genuine and debilitating; skilled legal navigation resulted in justice being served.
Garcia's teenage daughter testified about her father's severe pain and its impact on their lives. Now with this settlement, he can afford long-needed surgery and gain financial stability.