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Published Sunday, October 25, 2009 in Local

Wreck victim awarded $7.5 million

By Alex McRae

The Times-Herald

A Coweta County State Court jury deliberated five-and-a-half hours Thursday before awarding a $7.5 million verdict to Gary Stevenson and his wife, Vicky, for injuries and damages Gary Stevenson suffered in a December 2006 traffic accident on Sharpsburg-McCollum Road/ Highway 154 near Hammock Road, according to Stevenson's attorney, Randy Ebersbach, of the Coweta law firm of Kam, Ebersbach & Lewis.

State Court Judge Clifford Cranford presided over the trial, which was heard in the Coweta County Justice Center.

The defendant, Michael Porter, who was driving the Toyota 4-Runner that struck the propane truck driven by Stevenson, is currently in state prison after being convicted on charges related to the accident.

Porter was sentenced to 15 years with seven to serve on charges of causing serious injury with a motor vehicle, failure to maintain lane and DUI.

"He said he was guilty after the accident and was already serving time, so guilt wasn't a question," Ebersbach said. "This civil case was about seeking damages for the tremendous expenses Gary and Vicki have already incurred and will have in the future."

After the Dec. 23, 2006, wreck, Stevenson spent three weeks at Atlanta Medical Center with severe injuries. He was also paralyzed by his injuries and is now a paraplegic. After leaving Atlanta Medical Center, Stevenson spent three months doing follow-up care and rehabilitation at Atlanta's Shepherd Spinal Center.

"He suffered permanent damage to his spine that has caused continuing health problems that he will always have," Ebersbach said. "He is still unable to work and may never return to work."

According to reports, Stevenson, who worked as a driver for Coweta Gas Company, was driving a propane truck carrying 1,600 gallons of gas when his vehicle was struck by the Toyota driven by Porter.

The truck driven by Stevenson burst into flames and firefighters fought the fire for several hours. Witnesses said flames shot as high as 20 feet in the air. After being removed from his vehicle, Stevenson was airlifted to Atlanta Medical Center.

Highway 154 was blocked from Raymond Hill Road to Vaughn Road after the accident. Residents from at least five homes in the nearby Summit subdivision were evacuated.

Firefighters fought the fire with water and foam. There was a water hydrant in the area of the accident, but low water pressure forced firefighters to use six tankers to truck water to the scene. They also pumped water out of a lake off Hammock Road near the accident scene.

During the accident a valve on the gas truck was apparently knocked off and firefighters said that allowed the fire to get inside the tanker. While the fire burned inside the tanker, the firemen kept pouring water onto the truck from two directions as the fire continued to burn.

Tommy Buffington, manager of Coweta County Gas Co., was on the scene and said the 3,000-gallon truck was not full. He said Stevenson left the office Saturday morning with 1,600 gallons in the truck. It is not known how many deliveries were made before the accident.

Coweta-Fayette EMC personnel were also on the scene. There were power lines near the fiery accident, and as a precaution, EMC cut off power to homes in an area from Thomas Crossroads to Hammock Road.

In addition to the evacuations of the Summit homes, no one other than firefighters was allowed within 150 yards of the accident for fear of a possible explosion.

After weeks in the hospital and Shepherd Center, Stevenson returned to Newnan, where he continues to undergo extensive rehab and other medical care, Ebersbach said.

The $7.5 million awarded to the Stevenson is meant to cover past and future lost wages, past and present medical expenses, and provide for future medical care and living expenses as determined by a professionally prepared life care plan, Ebersbach said.

"My clients certainly deserved the award," Ebersbach said. "It will take all this and more to provide for Gary and Vicki the rest of their lives. We appreciate the jury's careful consideration of their needs and their wisdom in deciding the case."