Muscogee jury awards family $280 million in woman’s death after 2016 head-on crash
The family of a Louisiana woman who was killed in 2016 when a tractor trailer crossed the center line and collided with the vehicle she was riding in has been awarded more than $280 million in a wrongful death case by a Muscogee County State Court jury.
The case was filed in 2017 by Larry Madere and Anjanette Thomas, the husband and daughter of 58-year-old Judy Madere of Albany, La.
Judy Madere was killed along with four members of her family the morning of July 18 when their 2014 Nissan Rouge was hit head-on by a Schnitzer truck, driven by Kenneth Eugene Cathey of Phenix City, according to Russell County Sheriff’s department. The accident happened on U.S. 80 between Ladonia and Crawford in Alabama.
Schnitzer Southeast said in a statement that it plans to appeal the decision.
Everyone riding in the car was pronounced dead at the scene including Madere’s twin sister Trudy Hebert; Madere’s daughter Carrie Jones, 32, and her two children Trinity Jones, 7, and Jaxson Jones, 4. Jones was driving when the collision occurred.
The case only addressed Madere’s wrongful death. It was filed against Cathey as well as Schnitzer Steel Industries and Schnitzer Southeast and argued before State Court Judge Andy Prather last week.
According to the August 23 ruling provided by attorneys representing the Madere family, the jury found that negligence by Schnitzer Southeast caused Madere’s death.
The jury awarded $150 million for the value of Madere’s life, $30 million for her pain and suffering, $100 million in punitive damages and $65,000 in attorneys’ fees.
Attorneys representing the Madere family argued that Cathey fell asleep at the wheel and crossed the center line, and that Schnitzer knew Cathey was “inattentive, unsafe, and a danger to the health and safety of the motoring public.”
Joel O. Wooten of Butler Wooten & Peak,representinf the family, said in a press release that Larry Madere and Anjanette Thomas are pleased with the verdict and hope it will “help trucking companies realize the dangers posed by fatigued drivers.”
“We are so thankful and appreciative of the jury who gave meaning to Judy’s life and recognized that it is not okay for a large corporation to ignore safety rules and put unsafe trucks and unsafe drivers on the roadway,” Brandon Peak of Butler Wooten & Peak, said in the release.
Schnitzer Southeast released a written statement about the verdict through Abernathy MacGregor, a communications firm.
“We continue to extend our deepest condolences to all affected by this tragic accident that occurred in 2016,” the statement reads. “Schnitzer Southeast has accepted responsibility for this accident, and we were hoping for a fair and reasonable outcome for all parties. Unfortunately, we believe the trial was riddled with errors, and we plan to appeal.”
Schnitzer’s counsel, Bobby Shannon of Baker Donelson, said Tuesday there is a “good chance” the decision will be appealed, but that focus has now shifted to another upcoming trial. The firm will be representing Schnitzer Southeast in a separate case concerning Madere’s twin sister, and that trial should start October 7, he said.
In 2017. Cathey was arrested and charged with five counts of criminally negligent homicide for the deaths. The case has yet to go to criminal trial in Russell County.