Greensboro Jury Awards $15M in Motocross Accident Injury
A jury found a half-dozen defendants at fault for a motocross accident that nearly cost a young man his leg.
December 17, 2019 at 04:15 PM
7 minute read
A jury in eastern Georgia awarded nearly $15 million to a young man who nearly lost a leg when he ran off a popular motocross track and hit an exposed steel culvert.
The award was apportioned between a half-dozen defendants associated with the Durhamtown Off Road Resort and included more than $734,000 in medical bills for the motorcyclist's parents and $14.2 million for his own damages.
Lead plaintiffs attorney Christopher Clark said a key factor was video evidence that the culvert was not blocked off by hay bales or tires as the defendants initially claimed.
The driver, Coleman Rogers, had a GoPro camera mounted on his helmet showing that the culvert was unprotected at the time of the incident and that someone moved tires into place afterward but before sheriff's deputies arrived.
"We had produced the video during discovery as we were supposed to, and I fully anticipated they would have seen it," Clark said.
Instead, during depositions, the owner and operations manager "both testified that the culvert was fully covered. I just let them go ahead and say that," he said. "It eventually came to light that it wasn't covered, and they finally admitted it, but by then it was just too late."
"We impeached the heck out of 'em with that," said Clark of Macon's Clark, Smith & Sizemore, who tried the case with partners Michael Smith and Richard Sizemore.
Defense lawyer Martin Fierman said the size of the award was "absolutely shocking."
Fierman said there would definitely be a challenge to the verdict, but he was not certain what form it will take.
"Which particular route we will take we have not yet decided," said Fierman of Madison's Fierman Law Firm, who defended the case with his son and law partner Ben Fierman.
"This was a complicated case with a bunch of defendants and a number of issues the court had to rule on, both pretrial and during the trial," he said. "It's a matter of us looking at the record and deciding which way to go.
Durhamtown is near Union Point, and its website says it offers motorcycle, ATV and SXS off-road rentals and sales, as well as lodging, camping and hunting.
Clark said the sprawling facility hosts at least 100,000 visitors every year.
According to Clark and court filings, Rogers was 15 years old in December 2014 when he participated in a race at Durhamtown. He was wearing a helmet, neck brace, steel-toed boots, gloves, goggles and "rider pants."
Rogers had just made a jump on his second lap on the youth track when he landed to the left of the course, struggling to keep the bike upright. His right leg hit the exposed edge of the culvert, which Clark said was 36 inches off the track. The width of the exposed portion was less than an inch.
The steel culvert nearly severed Rogers' leg, and he underwent seven surgeries.
"The doctors did a fantastic job to save his leg," Clark said.
Now 20, Rogers can walk "but he's got an altered gait, and he'll never be able to run or play sports again," Clark said.
Defense pleadings said Rogers' father had signed a liability waiver and release before he began riding and that they voluntarily "assumed the risk" of injury. The culvert, according to the defense portion of the pretrial order, was in "plain view," and Rogers was at least partly at fault for his own injuries by leaving the track.
The plaintiffs portion of the order said photographs show that Durhamtown employees first placed tires near the culvert after the accident, then moved them further in a "progressive covering of the end" of the pipe.
Rogers' parents filed suit in Greene County Superior Court in 2016 leveling claims for negligence and gross negligence against 14 individual and corporate defendants that owned, managed or worked at Durhamtown.
Fierman said many of them were dismissed on summary judgment as the litigation progressed.
He said representing the remaining group of defendants posed some challenges.
"There were some conflicts in the testimony between the defendants that I did not consider significant either before or during the trial, but their testimony was not identical throughout," Fierer said.
Clark said there were no settlement offers or mediations.
"We tried to engage them in some settlement discussions, including on the first day of trial, but there was never any offer made," Clark said. He said his side never made any certified offer to settle.
In preparation for trial, Clark said his team focus-grouped the case five times with Greene County residents.
"We wanted people who we felt would look like our jurors, and we wanted people who had experience riding motorcycles or ATVs," he said.
During a weeklong trial that began Dec. 9 before Judge Brenda Trammell, Clark said the defense abandoned any claim that the culvert was properly covered but insisted that Rogers' father signed a waiver.
"But they couldn't produce a signed waiver," he said. "They had a computer system that showed some entries claiming to show the father had accepted the electronic waiver, but they couldn't produce it."
He said the plaintiffs relied on a forensic computer expert Nathan Watson of Macon, who testified there was no way to tell who electronically signed the waiver or when they did so.
He said the defense offered testimony from veteran motocross rider Donnie Banks as to the track's safety.
"To Donnie's credit, he conceded where he had to concede," Clark said.
On Friday, the jury retired to deliberate at about 10:30 a.m., took an hour lunch break, then resumed.
"I could hear 'em in there arguing—it's a small courthouse—then about 3 o'clock things got quiet," he said. "We were getting kind of nervous, then around 3:30 they sent out a note asking for a calculator."
At about 5:30 the jury returned a verdict finding all but one defendant—an emergency medical technician who treated Rogers at the scene—grossly negligent.
Fault was apportioned between the remaining defendants, with one—Durhamtown's racing coordinator that day—assigned just 1% of the liability.
Rogers was awarded $14,200,000 for past and future pain and suffering, diminished work capacity and future medical bills, and $734,279 for his medical bills.
A section of the jury form asking whether there was valid waiver was left blank.
In conversation with jurors afterward, Clark said he asked what the raised voices were about.
"They were arguing about the waiver. They had a hard time getting a unanimous consensus that there was no waiver," he said.
Key to the case, he said, was the defendants' initial contradictions about the culvert.
"They admitted that they placed the culvert there, but they would never concede that this was something that should be covered," said Clark. "The jury just wasn't buying it."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
5 minute readFederal Judge Rejects Teams' Challenge to NASCAR's 'Anticompetitive Terms' in Agreement
Trending Stories
- 1Relaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit
- 2Reviewing Judge Merchan's Unconditional Discharge
- 3With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
- 4Young Lawyers Become Old(er) Lawyers
- 5Caught In the In Between: A Legal Roadmap for the Sandwich Generation
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250