Jury Awards Family of Georgia Man Killed By Drunken Drive $1.5 Million

CAMILLA, Ga. — A Georgia Superior Court jury on Jan. 7 awarded $1.5 million to the parents of a 22-year-old man who was struck and killed by a truck driven by one of his friends who was intoxicated (Jennifer G. Bostick, et al. v. Carl David Phelps, et al., No. 08SC2066, Ga. Super., Mitchell Co.).

(Combined verdict form and complaint available. Document #77-00125- 009V.)

Jennifer G. Bostick and Reggie C. Bostick Sr. sued Carl David Phelps and Lee Newton Evans individually and on behalf of the estate of their son Reggie C. “Cleve” Bostick Jr. on July 10, 2008, in the Mitchell County Superior Court.

Cleve, Evans and Phelps were vacationing together in Mexico Beach, Fla., in August 2006. After a night of drinking, Phelps drove Evans’ Ford F-350 truck and struck Cleve, killing him. Phelps was arrested and later pleaded to a charge of vehicular manslaughter.

Wrongful Death
In their complaint, the Bosticks contend that Phelps drove in an unsafe and negligent manner and that Evans negligently entrusted his vehicle to Phelps. They sought damages for their son’s pain and suffering, preimpact fright and funeral expenses. The Bosticks also sought punitive damages.

After a four-day trial, the jury found that Cleve’s own negligence contributed to his injuries and death. It awarded the Bosticks $1.5 million, but declined to award punitive damages to the plaintiffs.

Patrick Millsaps of The Millsaps Law Firm in Camilla and Charlie Peeler and Paul Phillips of Flynn Peeler & Phillips in Albany, Ga., represent the Bosticks.

Mealey’s Personal Injury Report – January 25, 2010 Volume 6, Issue #14