A Henry County State Court jury returned a $3 million verdict Thursday evening in the case of a truck driver who broke his back in a fall at work.

The jury apportioned 10% of the fault to the driver—58-year-old Tony Jewell of Pearson, Georgia—and 90% to Bennett Truck Transport.

Bennett transports factory built housing and modular buildings throughout North America, with a network of more than 30 terminals providing deliveries to 48 states and 11 Canadian provinces, according to the company website. The company has a registered agent in Henry County.

Drivers deliver the modular or mobile homes and buildings on what they call "toter trucks," which they lease from the company, according to court records. Jewell had been driving a Bennett toter truck for more than a year when he fell off of it in October 2015.

He was at a truck stop in Louisiana attempting to change a tire—a common task for toter truck drivers, who must contend with frequent flats because of the heavy loads they carry. The company estimated he had done the same thing at least 50 times over that previous year. But this time, after he picked up the 45-pound spare from the bed of the truck and turned to remove it, he fell backward and hit the ground. He fractured a vertebra, had surgery, still suffers pain and likely will never be able to go back to his $80,000-a-year trucking job, his lawyers said.

Jewell's lawyers told the jury that he had asked repeatedly for the company to install a tire rack on the outside of his truck so he wouldn't have to keep climbing into the bed to retrieve spares.

The company disputed that claim. Bennett's lawyers argued that Jewell could have installed a tire rack himself if he had wanted one in the truck he rented. They also said he was a contractor, not an employee, who assumed the risk of the work. The defense also faulted the morning dew—of which Jewell would have been aware—and his own admission in a deposition that he must have used "too much force" when he picked up the tire.

Bennett was defended by Teddy Sutherland of Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus in Atlanta and Rod Meadows of Meadows Macie & Sutton in Stockbridge.

"Bennett was surprised and disappointed with the verdict given that it promoted safety standards and a safety culture exceeding the requirements of the law. Oddly enough, these internal standards and culture formed the primary legal basis for plaintiff's claims," Sutherland said by email Saturday. "We also respectfully disagree with the Court's denial of the company's motions for summary judgment and for directed verdict. We believe the use of the company's internal, aspirational standards to create a heightened duty beyond ordinary care and the denial of these motions give the company several strong grounds for an appeal, which we certainly plan to file."

Sutherland added, "Having said that, I would emphasize that Plaintiff's counsel and Judge Blount were all extremely professional, courteous, and diligent throughout this litigation."

Meadows agreed, saying in an email, "In my humble opinion, the use of heightened aspirations of a company as a basis for a claim of negligence cries out for the attention of the appellate courts."

Jewell was represented by Brent Savage Jr. and Zachary Sprouse of Savage, Turner, Durham, Pinckney & Savage in Savannah and Andrew Gebhardt of Smith, Welch, Webb & White in Stockbridge. Sprouse said Friday that their opponents were "cordial, fair and above board." He added, though, that the trial had some "contentious moments"—particularly with regard to whether Jewell was responsible for his own injury.

"He didn't assume a risk. He didn't really have a choice. It was his job," Sprouse said. "I think the jury got it."

Sprouse said the jurors deliberated for about two hours before reaching the verdict. The case was tried before Judge Ernest Blount.

The judge had denied a defense motion for summary judgment. Jewell's lawyers had made a $1.25 million settlement demand. But Sprouse said the best—and only—settlement offer from the defense was $10,000.

The case is Tony Jewell v. Bennett Truck Transport, No. 18-SV-132-EDB.