On April 28, 2023, at the annual convention for the Georgia Trial Lawyers Association, the McArthur Law Firm and our client, Alfonzo Lanier, were presented with the Nestlehutt Courageous Pursuit of Justice Award. Each year, GTLA gives the Nestlehutt Award to a client and law firm that demonstrates courage in the face of adversity and overcomes insurmountable obstacles in the pursuit of justice.
This year, the selection committee chose the McArthur Law Firm and Alfonzo Lanier as worthy candidates for this award in seeking justice for Brandon Lanier, Alfonzo’s younger brother. On April 11, 2014, Brandon Lanier was struck in a crosswalk in Tifton, Georgia while walking to the first day of his new job. A pickup truck operated by Riley Hulsey, an employee of a large agricultural chemical and fertilizer company called TriEst Ag Group, Inc. struck Brandon while he was in the crosswalk. Hulsey was on the phone moments before the collision in violation of company cell phone policy and in a hurry to run to the hardware store to grab electrical tape because production had stalled back at the jobsite.
While at the intersection, Hulsey never looked to his right to see Brandon Lanier patiently waiting at the crosswalk for his chance to cross the street. Hulsey briefly stopped at the red light, looked left at oncoming traffic, and began a right turn on the red light. He testified that he never looked to the right and saw Brandon Lanier before he struck him in the crosswalk. Brandon suffered multiple traumatic injuries including skull fractures and injuries to his brain. He was transported for medical treatment at the trauma center in Macon, Georgia, but he died the following day.
The McArthur Law Firm was referred the case by Mr. Lanier’s original counsel, Verna Smith, an attorney from Dublin who had a personal connection to Brandon’s mother who was herself an attorney in Tifton, Georgia. Betty Lanier maintained an immigration and labor law practice for migrant farm workers in the South Georgia area. Sadly, Betty died shortly after Brandon’s tragic death from health complications as well as Brandon’s younger brother, Christopher, or “Cal” as he liked to be called. Brandon was heavily involved in both his mother and younger brother’s daily care and their health suffered immensely after Brandon’s untimely death. After the death of Betty Lanier and Cal Lanier, only Alfonzo remained as the final member of the nuclear Lanier family and the sole heir to the estate of Brandon Lanier.
The case originally went to trial in November of 2017 in Gwinnett County State Court. The case was tried over the period of a week, but several pretrial decisions by the trial judge prejudiced Brandon Lanier’s estate in seeking full and complete justice for his death. Notably, the trial judge disallowed the claims for negligent entrustment, hiring, retention, and supervision against TriEst Ag Group, Inc. At the time Hulsey was hired in 2010, TriEst determined that he was unfit to drive a company vehicle due to his poor driving history which included a commercial license disqualification and serious traffic offenses. In 2012, TriEst changed its mind and allowed Hulsey to operate a company vehicle. He was then cited in 2013 for a speeding ticket where he traveled nearly 20 miles per hour over the posted limit. TriEst did not revoke his driving privileges at that time.
Citing the common law “Respondeat Superior Rule”, the trial judge dismissed the direct negligence claims against TriEst. In Georgia, this rule meant that direct negligence claims against a company were barred unless there was a punitive damages claim brought against the company. At trial, the McArthur Law Firm trial team argued that Georgia’s apportionment statute codified in O.C.G.A. § 51-12-33 and enacted in 2005 as a tort-reform measure abrogated the common law “respondeat superior rule” because the statute specifically requires that the trier of fact consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit. O.C.G.A. § 51-12-33(c) (2005). Nevertheless, the trial judge disallowed any of the direct negligence claims against TriEst Ag Group, Inc. for allowing Hulsey to operate a company truck with his pattern of poor driving history and company discipline.
After a week-long trial, the case resulted in a 50/50 verdict. The jury apportioned 50% fault to Hulsey and TriEst for Hulsey’s negligent operation of the truck but also 50% to Brandon Lanier for crossing against the walk signal, despite being located within the crosswalk at the time he was struck. Based on the judge’s pretrial ruling, the jury was not entitled to apportion any fault to TriEst Ag Group, Inc. directly.
The key evidence at trial was a dash camera video which was captured from across the intersection. At trial, the defense was able to use the traffic light sequencing data from the Georgia Department of Transportation to determine the pedestrian signal sequencing. Based on this data from the traffic intersection cross referenced with the time stamp of the bottom of the dash camera video, the defense argued that when Brandon began crossing the intersection the pedestrian signal had changed to the flashing orange hand, which was a violation of Georgia law.
At trial, the McArthur Law Firm argued that his delay in crossing and the reason to cross against the flashing orange signal, if at all, was Brandon ensuring that Hulsey would stop fully before he stepped out into the intersection. The video depicted Brandon looking to his left and waiting for Hulsey’s truck to stop at the intersection before he crossed. Unfortunately, the jury believed Brandon was 50% responsible for the incident which in Georgia meant a zero recovery for Brandon’s estate. If the jury had been allowed to apportion even 1% of fault to TriEst Ag Group, Inc. directly, Brandon’s estate would have been entitled to a recovery. The trial result was devastating to Alfonzo and the McArthur Law Firm trial team.
However, the unfavorable trial result did not stop Alfonzo and the McArthur Law firm from pursuing justice for Brandon. The McArthur Law firm filed a motion for new trial citing legal errors committed before and after trial. Both the trial court and the Georgia Court of Appeals were not persuaded and refused to reverse the jury verdict.
The McArthur Law firm filed a petition for writ of certiorari to the Georgia Supreme Court which was granted. Specifically, the Georgia Supreme Court wanted to address whether Georgia’s appointment statute abrogated the common law respondeat superior rule. After briefing and oral arguments, the Georgia Supreme Court ruled in a landmark decision that in fact, the respondeat superior rule was abolished by the appointment statute. The effect of this ruling means that all claims for direct negligence against a business, corporation, or other employer shall be considered by the jury to apportion fault among the parties that may be liable.
The Georgia Supreme Court reversed the trial court and sent the case back for a new trial. Invigorated by the appellate victory and galvanized by a second opportunity to get justice for Brandon, Alfonzo decided he was ready to go back to trial to fight for justice for his brother. The new trial strategy included preparing the case and evidence for the jury to hear and consider Hulsey’s prior discipline with TriEst and that TriEst knew Hulsey had a poor driving record, but prioritized profits over public safety by having an unqualified driver behind the wheel of a company truck.
Days before the second trial was scheduled to begin, the case settled for a confidential amount. Finally, after an 8-year battle for justice for Brandon Lanier, Alfonzo was able to secure justice for his brother. The effect of Brandon’s case is far-reaching and benefits all the citizens of Georgia. Now, when an individual is a victim of negligence by a company driver or company employee, the company can be held directly accountable for failing to ensure that its employees are vetted, safe, properly trained, and adequately supervised.
The McArthur Law firm is proud to represent Alfonzo Lanier and exceptionally pleased that GTLA recognized Alfonzo for his courage in the face of insurmountable legal odds in obtaining justice for his brother.
The full case citation is Quynn v. Hulsey et al., 310 Ga. 473 (2020). The Georgia Supreme Court opinion can be accessed here: https://www.gasupreme.us/2020-opinions/
