Lawyers at Gainesville, Georgia's Hasty Pope notched back-to-back settlements for $6 million and $1.75 million in motor vehicle cases, the latter involving a man killed as he stood on the side of a Hall County highway.

The $6 million settlement was finalized after a truck driver's defenses were struck as a sanction for lying during discovery, said firm partner Jonathan Pope, who led both efforts.

The identities of the defendants and their insurer are confidential under the terms of the settlement reached last month. That case involved an accident in Florida in which two motorcyclists ducked under an interstate overpass during a downpour and were struck by a tractor-trailer.

According to Pope and court filings, two North Georgia men, Donald Clendening, 59, and his stepson Robert Bearden, then 44, had ridden their motorcycles to Disney World in June 2016.

“It began to rain, and they pulled under an overpass on Interstate 95. Two other motorcyclists were already parked there,” Pope said.

The men were seated on their bikes when a tractor-trailer attempted to brake and lost control, hitting a guardrail and overpass support beam before striking Clendening and Bearden, throwing them into the expressway.

“They suffered really significant injuries, especially the stepfather, Donald,” Pope said. “He almost lost his right leg and had multiple other injuries: head injuries, a fractured pelvis and hip.”

Clendening lost the use of his left eye, Pope said.

The accident happened in New Smyrna Beach, and the closest hospital was near Daytona International Speedway, Pope said.

“They had excellent trauma surgeons, and they were able to save the leg, but he can't use it, and he'll never be able to work as an electrician again.”

Later that year, Bearden, Clendening and his wife sued the trucker and the company he was driving for in Volusia County Circuit Court.

The plaintiffs were represented by Pope and firm associate Dustin Davies, and Joseph Camerlengo Jr. of Camerlengo & Anderson in Jacksonville.

The defendants were represented by Cole, Scott & Kissane partner David Evelev in Orlando and David Harvey Jr. with Lewis Brisbois in Tampa.

“The defense disputed liability. Up in front of the tractor-trailer, there had been another wreck that slowed traffic, and they claimed that caused the accident,” Pope said. “They also tried to claim our clients were contributorily negligent.”

The driver was cited for driving too fast for conditions, Pope said.

Key to the settlement was the driver's response to a routine discovery request, he said.

“Like any trucking lawyer, one of the first things we asked for was the driver's medical certificate,” Pope said. “They gave us his certificate, but it was issued after the collision.”

“We said, 'Thank you, but please provide the certificate in effect at the time of the collision,' and they sent over one that had expired by that time,” he said.

“They said, 'We've already given it to you,' and we said, 'No, that one was only good for a year.' We asked again, and they sent the same one over again, but it had been changed to say it was good for two years,” he said.

The driver eventually admitted he'd altered the certificate when he applied for the job, Pope said.

The plaintiffs team moved for sanctions against the driver in February. Circuit Court Judge Sandra Upchurch granted them in August, writing that he “continu[ed] to perpetuate a fraud and lie to the parties and the court until plaintiffs' counsels' persistence required the truth to finally be told.”

The defendants carried a total of $6 million in single-incident liability coverage, and Pope said the defense offered to settle with all the plaintiffs for $3 million after the ruling.

The plaintiffs declined, and a few weeks later the defense tendered the entire $6 million, Pope said, including $4 million to Clendening and his wife and $2 million to Bearden.

Defense attorney Evelev said that, because the settlement is confidential, he is “unable to provide any information, other than the parties to the litigation were able to come to an amicable agreement concerning a settlement of all claims against all parties.”

The second case involved an accident that killed Gainesville, Georgia, resident Kenneth Roper earlier this year.

Roper, 69, was on the job for Hall Equipment Co. in February and had stopped on the right shoulder of Interstate 985 in Flowery Branch to secure the load on the company-owned Chevrolet C5500 truck.

Roper had parked more than 3 feet off the road when a wrecker driven by Pavel Nemes traveling in the left lane crossed both lanes and hit Roper and the truck. Nemes continued another 30 to 40 yards before hitting a tree.

Roper, married for 49 years and a grandfather and great-grandfather, was in cardiac arrest when first responders arrived, and was declared dead at Northeast Georgia Medical Center.

“We never did find out why [Nemes] left the roadway. It was investigated by state patrol nd is still under investigation,” said Pope, who handled the case with firm associate Ronnie Hulsey.

According to demand letter sent to Hall Equipment's insurer, Berkley Insurance, the investigating state trooper indicated that “Nemes' actions were so egregious that he will be charged with failure to maintain lane and second degree vehicular homicide,” a misdemeanor.

Pope said there were three insurance policies available: $750,000 in coverage from Nemes' policy, $50,000 in coverage Roper carried, both of which were promptly tendered, and Hal Equipment's $1 million Berkley policy.

“We demanded that and were inches away from filing suit when they eventually offered $940,000,” Pope said. “I wasn't happy about it, but they were very firm they wouldn't go any higher, and his wife didn't want to go to trial.”

The settlement was finalized within the last week, he said. Berkley's attorney, Goodman McGuffie partner Robert Luskin, did not reply to a request for comment Friday.