July 29, 2004, started like any other day for Delbert Sanders. He was on the job driving his pickup truck between farms for Tyson Foods on Highway 60. But, as he neared the exit for State Highway 25, his life was about to change.
As traffic slowed, a tractor-trailer slammed into the back of Sanders’ truck, knocking him into several vehicles. His truck was crushed and burst into flames. Luckily, bystanders pulled him unconscious from the wreckage, and he was life-flighted to a hospital where he was treated for a traumatic head injury and second- and partial third-degree burns to his forearms and later for injuries to his upper and lower back.
The man driving the tractor-trailer, Leartis Grant Jr., claimed that he had set his cruise control for 65 miles per hour and had dropped his cell phone from the cup holder. When he looked up, it was too late to stop. There were no skid marks at the scene, nor any other evidence of braking.
Grant had been operating the tractor-trailer for M-S Logistics, a Tennessee-based company with a Kansas City office.
Sanders returned to work at Tyson’s after he was discharged from the hospital, but he was placed on restricted duty, ending up in a loss of wages totaling $5,350. On top of that, the plaintiffs’ counsel, which included Kirk Presley, argued that he was in a tough position.
There are few “light duty” jobs at Tyson, and due to the invasive nature of his lasting injuries (including an invasive disc herniation into his spinal canal), he was “between a rock and a hard place,” leaving little justification for Tyson to keep him on as an employee. Either he would be unable to fulfill his job requirements, or he’d be risking his health.
In the end, Presley and the rest of Sanders’ counsel were able to secure a $1.5 million payout. The deal was part of a high-low agreement where both parties agreed to a maximum payout in exchange for the defense not appealing the award.
Personal Injury Lawsuits at Presley & Presley
If you find yourself in a situation where you or a family member has been injured in a transportation accident, our experienced lawyers at Presley & Presley can help ensure you receive the compensation you’re entitled to. You won’t pay us a dime until you receive your settlement, so there’s no risk in hiring us to take on your case. For more information or to schedule an appointment, give us a call, or use our contact form here.