Cooks v. Holt, et. al.

Kimberly Sheridan and Michael Becker (Atlanta, GA) (Commercial Auto) obtained a Dismissal for youth group Young Life in a bus crash case. Plaintiff Medgar Cooks was driving Young Life Campers in a chartered bus when it broke down. His chartering company sent a relief driver from a separate bus chartering company, Travis Holt, who picked up Plaintiff and the campers and drove them to Young Life’s camp in Jasper, Georgia. After unloading the campers, Holt crashed the bus with Plaintiff inside as a passenger, allegedly causing him injuries. Plaintiff sued Young Life on the theory that Holt was its employee and/or agent. However, counsel’s investigation revealed that Young Life’s relationship to all of the other parties in the case was that of an independent contractor, and Holt was an independent contractor of another independent contractor, further insulating Young Life from liability. Counsel sent to the plaintiff a frivolous and abusive litigation warning threatening to seek damages and fees if the Complaint was not dismissed within 30 days. Counsel simultaneously sent a statutory offer of settlement pursuant to O.C.G.A. § 9-11-68 in the amount of $50.00; and filed a motion to dismiss for failure to state a claim upon which relief could be granted. Thanks to an aggressive up-front defense, Plaintiff opted to dismiss his case against Young Life voluntarily rather than risk an award of attorney’s fees and expenses under O.C.G.A. § 9-11-68 or a subsequent abusive litigation suit.