A & G Trucking Inc. v. Pitts

In a wrongful death action, the trial court did not abuse its discretion by concluding that statements contained in an employment application regarding defendant's prior truck driving experience were relevant and admissible as prior inconsistent statements.

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Calvin E. J. Pitts, Jr., Makala Pitts, Willie G. Pitts, Akim Ussery, and the estate of Mack Pitts collectively “the plaintiffs” filed a wrongful death action against A & G Trucking, Inc., and Sarah Okoro collectively “the defendants” following the death of Mack Pitts.1 A DeKalb County jury returned a verdict in favor of the plaintiffs in the amount of $5,470,000. The defendants appeal, arguing that the trial court abused its discretion by permitting plaintiffs’ counsel to cross-examine Okoro regarding her purported employment application with A & G. We discern no abuse of discretion and affirm. Viewed in favor of the verdict,2 the record shows that on June 14, 2007, Mack Pitts was working as a “spotter” directing dump trucks at a construction site at the Atlanta airport. Okoro, who was operating a dump truck owned by A & G, her employer, pulled onto the construction site where several other trucks were lined up waiting to dump their loads. According to witnesses, Okoro bypassed the waiting trucks and positioned her truck to back up without waiting for a signal from the spotter as she was required to do. Pitts “flagged her with the stop signal,” and she stopped momentarily. Pitts turned around and began directing another driver without realizing that Okoro had started backing towards him. Several of the drivers from the other trucks that were lined up began sounding their horns to warn Okoro that Pitts was behind her truck, but Okoro responded with an obscene hand gesture and continued reversing “at a good rate of speed.” When Pitts realized that Okoro was backing up towards him, he tried to run out of the path of the truck, but was unable to do so before Okoro struck him.3 Pitts died as a result of his injuries.

Pitts’s heirs and his estate filed suit against Okoro and A & G Trucking, alleging negligence and negligent hiring, retention, and supervision, and seeking punitive damages. At trial, prior to opening statements, the plaintiffs dismissed their claims for punitive damages and negligent hiring, retention, and supervision.

A & G Trucking Inc. v. Pitts

In a wrongful death action, the trial court did not abuse its discretion by concluding that statements contained in an employment application regarding defendant's prior truck driving experience were relevant and admissible as prior inconsistent statements.

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