Middle Georgia cases to be argued in Georgia Supreme Court

One night in 2010, two men and their friends were driving home to Gray from a dirt car race.

Matthew Wood was behind the wheel of John David McDade’s Dodge Ram as they entered Laurens County on Interstate 16.

They were towing Wood’s race car behind the truck.

At some point, Wood noticed something on the trailer needed to be secured, and he pulled over.

While stopped, a tractor-trailer struck McDade’s truck and the race car trailer, crushing Wood between McDade’s truck and the race car trailer.

Wood was killed instantly.

The impact not only injured McDade but “propelled blood and tissue from Wood’s body onto McDade,” according to a case summary from the Georgia Supreme Court. Using a flashlight, McDade guarded his friend’s body as it lay in the road until help arrived, according to his lawyers’ legal brief.

McDade has sought compensation for his physical and emotional injuries, according to legal briefs.

The state’s highest court is set to hear arguments Wednesday in an appeal filed by the tractor-trailer driver who is seeking reversal of lower court rulings that allow McDade’s claims for emotional distress damages to move forward in the court system.

The case is one of two from Middle Georgia set for arguments this week.

Wayne Kendall, a lawyer representing Gordon Mayor Mary Ann Whipple-Lue, is set to argue Tuesday that pre-trial rulings should be reversed in a lawsuit filed by two city councilmen and a concerned citizens group that seeks the mayor’s ouster. In the lawsuit filed last year, the plaintiffs allege Whipple-Lue has violated the state’s Open Meetings Act and committed malfeasance.

In the Laurens County case, lawyers representing the tractor-trailer driver, Jerome Clifford Oliver; his employer, Crider Transportation LLC; and their insurance company, Travelers Property Casualty Company of America; argue a judge made a mistake in not dismissing McDade’s claims for emotional distress.

Initially, a judge ruled against McDade and granted a motion for summary judgment filed by Oliver and Crider, noting that bystanders can’t recover damages for emotional distress as a result of witnessing another person’s injuries, according to a case summary prepared by a Supreme Court spokeswoman.

In granting a motion for summary judgment, a judge concludes a jury trial isn’t needed because facts are undisputed, and the law supports the arguments of one side, according to the summary.

But the judge granted a motion asking for reconsideration in 2013 after McDade’s lawyers argued he is entitled to compensation because his emotional damages resulted in monetary loss after he sought treatment for depression.

The Georgia Court of Appeals upheld the ruling and decided the case should go to trial in front of a jury, according to the summary.

Kathy McArthur, one of McDade’s lawyers, said McDade also is seeking compensation for physical injuries he sustained in the crash. That portion of the case is still pending.

He suffered neck, back and knee injuries, headaches, vomiting, insomnia, flashbacks and has had thoughts of suicide. He has been diagnosed with major depression and post-traumatic stress disorder, according to the brief McArthur filed along with lawyer Caleb Walker.

“We believe he should be able to claim all his injuries,” Walker said.

A misdemeanor vehicular homicide charge against Oliver also is pending, McArthur said.

Lawyers for Oliver and Crider declined comment last week.

In their legal brief, lawyers for Oliver and Crider argue the Court of Appeals made a mistake, and McDade isn’t entitled to the compensation he seeks.

They additionally argue McDade had been taking medication for mild depression prior to the crash, according to the brief.

McArthur said McDade is anxious for the appeals to be complete.

He lives with the psychological effects stemming from the crash “on a daily basis,” she said.

To contact writer Amy Leigh Womack, call 744-4398.

This story was originally published January 18, 2015 at 10:49 PM with the headline "Middle Georgia cases to be argued in Georgia Supreme Court ."