Posted in on February 28, 2018
Kayla Kummala and Madison Fortier v. Downey Trees, Inc. and Jeremy Ryan Stephens. On July 14, 2015, Ms. Kummala was the driver and Ms. Fortier was the backseat passenger of a car stopped at a red light in Forsyth County. A Downey Trees employee, driving a Downey Trees truck, failed to stop at the red light and hit the back of Ms. Kummala’s car going 67 miles per hour. Ms. Kummala suffered a serious brain injury and spent four days in the intensive care unit. Ms. Fortier was also knocked unconscious and suffered severe physical injuries including the partial amputation of her thumb and multiple facial fractures. Ms. Fortier underwent three surgeries and spent two weeks in Grady Hospital. The striking driver had an extensive bad driving record and was hired in violation of Downey Trees’ company policies. The case settled just prior to trial, with Ms. Kummala and Ms. Fortier recovering the remaining policy limits of Downey Trees’ primary and umbrella insurance policies.