A Gwinnett County jury delivered a post-apportioned award of more than $5.6 million to the family of a motorcyclist killed when he was hit by a van on Interstate 285 and slid beneath a truck.

Retired U.S. Navy veteran Frederick Fennell Jr., 65, died at the scene after being tapped and overturned by a Charter Communications van. His girlfriend, Teresa Wilson, was also thrown from the bike and suffered two broken arms and other injuries, according to the complaint and plaintiffs attorney Ketan Patel of Tyrone's Corpus Law.

“There was a lot of traffic, this was a low-speed collision and wreck,” said Patel, who was associated into the case to assist originating attorneys Kavan Grover and W. Hennen Ehrenclou of Ehrenclou & Grover.

The defendants at trial, Charter Communications and driver Stanton Jenkins, were defended by Lewis Brisbois Bisgaard & Smith partner Rachel Krause and associate Donovan Eason. Krause declined to comment.  

The wreck happened at about 4 p.m. on a Friday when expressway traffic near the Chamblee-Tucker Road exit was heavy.

Fennell's Harley-Davidson was in the lane between the Charter van and a box truck belonging to trucking company J.B. Hunt when the van “made an abrupt right lane change and knocked our guy off his bike,” Patel said.

Both Fennell and Wilson slid across the highway, but Fennell's head and torso were crushed beneath the wheel of the box truck.

No one was cited for the wreck, Patel said.

“The initial report did find fault for improper lane change [against the Charter driver],” he said, adding the investigating officer treated it as a nolle prosse from the beginning.

Wilson sued Charter in Fulton County State Court. Her negligence suit settled and was dismissed with prejudice in March.

As to Fennell, Grover said there were never any presuit settlement demands or offers. His four children and estate executor sued Charter and Jenkins in May 2015, as well as J.B. Hunt and its driver, Michael Rothwell, in Gwinnett County State Court.

The negligence suit accused both defendant drivers of improper lane change, failure to maintain lane and reckless driving.

A mediation before Rex Smith of Henning Mediation and Arbitration Services failed to resolve the case, and it was scheduled for trial on May 14 before Gwinnett State Court Senior Judge Robert Mock Sr.

The morning of trial, Grover said J.B. Hunt resolved its claims with the plaintiffs and was dismissed from the case. 

Trial proceeded against Charter and driver Stanton Jenkins.

Charter's “specific contentions were that they were not liable, that Mr. Fennell was responsible for the collision,” said Grover. Charter said Fennell violated a state law barring a motorcycle from overtaking and passing a vehicle in the same lane, and for improper lane change, he said.

“They also said, if they were liable, Mr. Fennell and [Hunt's driver] Rothwell contributed to the wreck,” he said.

Key experts at trial included Atlanta accident reconstructionists Soan Chau for the plaintiffs and Villa Rica's Dwayne Canupp for the defense.

At closing, Patel said the plaintiffs counsel asked for $7.5 million for the value of Fennells' life and another $1 million for pain and suffering.

The defense asked for a defense verdict or, if damages were to be awarded, between $200,000 and $400,000, he said.

The jury began deliberations on Friday, May 18 and returned Monday for a total of about five hours of deliberations

The panel found negligence on the part of Jenkins, Rothwell and Fennell and awarded $7.5 million in damages. But it apportioned 12.5 percent each to Fennell and Rothwell, for a total award of nearly $5.6 million.

In conversation with jurors afterward, Patel said “most thought Mr. Fennell was not at fault, but there was one individual who thought there was equal fault. So they compromised and gave us what we wanted, then apportioned fault to Mr. Fennell and Rothwell,” he said.