Western Express "tried" To Rob Me
My name is Marcus McMillian and I survived a Tbone from a Western Express truck in 2008. On March 4, 2015, I obtained a judgment against a large trucking company (Western Express, Inc) represented by a team of lawyers from Hall, Booth, Smith; P.C. in federal court for serious injuries caused in a motor vehicle accident. McMillian v. McBride., et al 1:09-cv-3393-AT (N.D. Ga 2015).
Instead of paying the judgment to me Western Express filed another lawsuit seeking a injunction against double liability beyond the amount awarded by the jury. McBride v. McMillian., et al 1:15-cv-0815-AT. Because I was not an attorney Western Express, Inc hoped that this maneuver would frustrate my recovery in conflict with my creditors (i.e. medical bills, attorney fees).
First, the interpleader suit is grounded within contract basics. Western Express, Inc had already stipulated at trial the related insurance policy for the court. The court decided not to allow the insurance joinder although identified ability to pursue this claim once a judgment was obtained.
The standard in a dispute against the funds is a question for the court to weigh factual evidence presented. Because the court had already opined the extent of coverage during trial there is no question whether the amount claimed could be met. This voids the entire reasoning behind the double liability claim.
Secondly, I have the right to be fully compensated for serious injuries my surgeon declared as permanent by law. Although I received a harassing phone call from the Western Express, Inc Vice President the court questioned the company's business practices and fair dealing for settlement purposes.
Yet this was not enough for the court decided there was no legitimate reason for my claim to insurance policy proceeds allowing a injunction to issue. I appealed this decision. I have written several complaints.
Meanwhile, Western Express continues its lucrative business knowing that the Federal Motor Carrier Safety Administration requires sufficient insurance coverage to operate. This accident happened in May of 2008 and Western Express has kept this matter quiet. I feel more people will benefit by taking notice of the kind of policy and business Western Express, Inc supports.
Click here to post comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Ugly in trucking .