Trial Magazine

Kurt Obermeyer, 57, was stopped behind a truck at a traffic signal when the driver of a South Carolina Department of Transportation (SCDOT) truck rear-ended him. This caused Obermeyer’s car to collide with the truck in front of him. He suffered a mild traumatic brain injury and aggravation of his non-symptomatic, age-related cervical degenerative disk disease. He experiences continuous pain and is unable to continue his work as general manager and partner at a car dealership. His past medical expenses were approximately $30,000.

Obermeyer and his wife sued SCDOT, alleging that its driver had been grossly negligent in failing to stop and for not paying attention to the road ahead of him. The plaintiffs asserted that the defendant equipped its trucks with a two-way handheld radio and that its trucks do not block cell phone usage while a vehicle is moving.

The defense admitted negligence in causing the collision but denied the crash resulted in the plaintiff’s claimed injuries.

The jury awarded $1.5 million, including $300,000 for loss of consortium.

Citation: Obermeyer v. S.C. Dep’t of Transp., No. 2021-CP-23-03658 (S.C. Ct. Com. Pl. Greenville Cnty. Apr. 12, 2024).

Plaintiff counsel: AAJ member J. David Standeffer, Anderson, S.C.; and Richard H. Barker IV, New Orleans.