[{"_1":2,"_98":-5,"_99":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6213734,"mediaKeyId","3674599-1292b8ba7729df0ce838ff02aae86ac3","parentId",3674599,"title","Judge to weigh adding multiple defendants in deadly box-truck crash; parties disagree on scope of joinder","audioSeconds",3604,"startMs",3318000,"endMs",6922000,"viewUrl","/Search/View?dp=1&key=3674599-1292b8ba7729df0ce838ff02aae86ac3&start=3318&end=6922","thumbnailUrl","https://assets.pipeline.soar.com/3674599-1292b8ba7729df0ce838ff02aae86ac3/thumbnail_3318000.jpg","articleUrl","/articles/6213734/Texas/Judge-to-weigh-adding-multiple-defendants-in-deadly-box-truck-crash-parties-disagree-on-scope-of-joinder","mediaUrl","https://secure.pipeline.soar.com/6213734-7961115a96b636ddc69d42baab6cd580/orig.mp4?Expires=1773638861&Signature=OJyZ3chtlv6c9fMr0DC2HdmQsAoG~rvgidmDPdI1UEp1MDo6-n7u6bp1s2rXw2QkJI8TaaslsOcPdKBJfbXii8U7azwkZg5ref4lGCHlmlY2DK0yKHDiWnXrXwQtFTUzbVN0h1fDZIalvEd6qM4RbegmUWniSwrD5TzyqOZqHaHOytNoCQy2lusMUKKr31W~nq58yvjxNAMY5E6o5gGzMLEgcRYZoxRrNhj3X74uEvMPTH4PiNhkRAvkWomwuQw2VnAYc6tvJuptpbOgrwKTwP2zKD~OMthJygxfu8tshl12p55NxlOb7bAXSe22ESGVUxlhFyUBY-5zvtiGXT2Rog__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-06-05T07:45:55Z","article","Plaintiffs seeking damages after a fatal October 2023 box-truck crash asked Clayton County State Court on June 4 to add four defendants to the case, saying depositions and documentary discovery support claims of negligent hiring, training and supervision that contributed to the driver falling asleep behind the wheel.

Heath Brooks, counsel for the plaintiffs, told the court the driver fell asleep on recorded dash-cam video and that discovery shows multiple hours-of-service violations. Brooks said depositions revealed a safety consultant known as LMSC and its lead, Stuart Singleton, performed driver interviews, training and hours-of-service monitoring; that a staffing company, Cornerstone, provided the driver's helper; and that the operator's sale of assets to a company doing business as What Chefs Want (a successor buyer) may raise successor-liability issues. \"We have over 30 violations of hours of service,\" Brooks said, arguing those facts support permissive joinder under OCGA § 9-11-20 and other joinder rules.

Defense counsel Mark Bardach, representing the existing defendants, urged the court to deny the motion as to each proposed party. Bardach said the record shows the driver was employed by Future Management (doing business as Phoenix Wholesale) and that none of the proposed additional defendants employed the driver, owned the truck, or otherwise owed a direct duty to the decedent. \"There is not a statute or a rule or a regulation requiring a passenger of a commercial vehicle to stay awake,\" Bardach told the court, arguing Cornerstone and the staffing helper are not legally responsible for on-road safety in this fact pattern. He also disputed the factual basis for successor liability, saying the buyer purchased assets and did not assume liabilities and that there is no common ownership to support successor liability under Georgia law.

Plaintiffs' counsel said they had sought discovery from What Chefs Want and other nonparties and had been unable to obtain all responsive documents; they asked the court to permit joinder now to preserve claims and avoid additional suits. Defense counsel said third-party discovery and, if needed, later motions (12(b)(6) or summary judgment) are the appropriate vehicles and cautioned against imposing litigation costs on entities with tenuous connections.

Judge Hayward said she would consider the parties' arguments and the record and then issue a written order addressing each proposed defendant individually. \"We will get an order to you,\" she told counsel, and signaled she would weigh (1) whether each proposed defendant is necessary or permissive under OCGA § 9-11-19/20 and (2) whether additional discovery should be compelled before joinder. The judge noted the case raises novel management and tort-reform issues and said she would balance the parties' competing efficiency and burden arguments before ruling.

The court did not rule at the hearing; counsel were told to expect a written order explaining which, if any, of the four proposed defendants will be joined.","mediaType","Video","parentTitle","Clayton State 304's Personal Meeting Room","oneSentenceSummary","Plaintiffs in a wrongful-death suit over an October 2023 box-truck crash urged Judge Tammy Long Hayward on June 4 to add four defendants — a safety consultant (LMSC), a staffing firm (Cornerstone), an individual supervisor (David Collins) and the buyer of assets (What Chefs Want) — saying discovery shows each may have contributed to the driver's fatigue.","taxTitle","Clayton County State Court 304, Texas Courts, Judicial, Texas","taxId",66308,"location","Texas","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6213739,"Judge to consider opening default in fatal-premises case after defendants say insurer had notice",1013,1639000,2652000,"/Search/View?dp=1&key=3674599-1292b8ba7729df0ce838ff02aae86ac3&start=1639&end=2652","https://assets.pipeline.soar.com/3674599-1292b8ba7729df0ce838ff02aae86ac3/thumbnail_1639000.jpg","/articles/6213739/Texas/Judge-to-consider-opening-default-in-fatal-premises-case-after-defendants-say-insurer-had-notice","https://secure.pipeline.soar.com/6213739-a72e94a21f1cb8d31881b263d28cbcdb/orig.mp4?Expires=1773638861&Signature=A64EnH5rY3C7lEPOvbweG9ZQVbxRf74U-QVlcQSHRz4ATIVr3T0L9jSt7Hem7B6XaR7bI517qh1HUYYL1U7vpPZbYBGunUSD2Q79QVhuUuK2JlRHaWiRjjDtz5IO1JfPhW3dIXZCHsyBL6pbX~zsLYTIcyqd~AQ~1Ur8IHnI0voeELQ-NPUm4eWNoHgodtfQx1gNwhn8WITkJr67W5kp~6nUmUOCF381mlB0tPLnaaxmdGrNsd879obcVMGBGxd-cEGDFJYfUll9ctEwCQ-w8ys1pk8CJbk~xKtJkyy93iA0t8qhZBke--ujEBlXjp-ThuetYRGR5mis1wqaRf5hVg__&Key-Pair-Id=KUT5TJCACFTXG","Defendants in a wrongful-death premises-liability suit asked Judge Tammy Long Hayward on June 4 to set aside a default judgment entered in March 2024, saying they promptly forwarded the complaint to their insurance broker and therefore should be allowed to defend the case.

John Christie, attorney for Hale Retail Group LLC and Jallis Inc., told the court that the summons and complaint were sent to the defendants' insurance broker the day after service and that the broker assured the defendants it would forward the material to the carrier. \"Default judgment is a drastic sanction that should be invoked only in extreme situations,\" Christie said, arguing Georgia law favors deciding cases on the merits and citing OCGA § 9-11-55(b) as the procedural vehicle to reopen the default.

The plaintiff's lawyers pushed back, saying the defendants did not follow up promptly after an answer was not filed and arguing the defendants failed to show excusable neglect. Plaintiff counsel Michael Raffey emphasized the potential prejudice to the insurer and the court record; defense counsel said the current posture left the parties and the court to test how Georgia's recent tort-reform changes apply in a case involving a death.

Judge Tammy Long Hayward did not issue an immediate ruling. She said she would review the briefs and evidence and \"send [an] order to open default\" if she found it warranted. The court noted the issue raised an atypical fact pattern — the defendants claim they gave the complaint to a broker who acknowledged receipt but failed to forward it to the carrier — but said the law favors resolution on the merits unless a particularly egregious circumstance justifies denying relief.

The parties referenced insurer correspondence and affidavits from the broker and defendants in the record; Christie told the court he would circulate a proposed order to plaintiff counsel Alex Brown before submitting it to the court. Hayward said she would consider the full record and the parties' arguments and then issue an order.

If the court reopens the default, the defendants said the carrier (Travelers, per filings) would undertake defense and coverage review; plaintiffs' counsel warned of a possible late-notice coverage dispute that could generate additional litigation costs for the plaintiffs. The judge suggested the new tort-reform procedures may encourage the parties to cooperate in discovery and case management but did not commit to any specific case-management plan at the hearing.

A written order from the court was expected after the judge reviewed the materials and the parties' proposed order.","Defendants in a wrongful-death premises suit asked Clayton County State Court to set aside a default judgment entered in March 2024, saying they timely gave the complaint to their insurance broker and were entitled to defend the case; the court said it will issue an order after reviewing arguments.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":91,"_47":92,"_49":93,"_51":94,"_53":95,"_55":56,"_57":58,"_59":96,"_61":62,"_63":64,"_65":97,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6213729,"Judge grants judgment to JPMorgan Chase for $5,992.65 after defendant admits account balance",0,7783000,"/Search/View?dp=1&key=3674599-1292b8ba7729df0ce838ff02aae86ac3&start=7783&end=7783","https://assets.pipeline.soar.com/3674599-1292b8ba7729df0ce838ff02aae86ac3/thumbnail_7783000.jpg","/articles/6213729/Texas/Judge-grants-judgment-to-JPMorgan-Chase-for-599265-after-defendant-admits-account-balance","https://secure.pipeline.soar.com/6213729-e84850e41a63946cb4ec84b8b86c04a9/orig.mp4?Expires=1773638861&Signature=SmlXunHHmeXlKX9j-p8gOuDy29isHcho4XiodqGO~vp1~FgCMdJ8uG5beJrDvMwszYQuTqpQK4SfRUo9WJW1~TDDMXu464M46v-UnpyXKks6NBnQP5lUbl1mvsBfkdLS0grlmmyPf68dP4bOiFBU2eTxZRBzMfQoOUnVMcF~AkiP~89jzRLUkExwcm1~NpAbpLX6WhXxM2tHgAUWdaeRRqwP-5Seo60eDBd1TmLESn1SJpVCuaTleLi0~2je5N~00xrijUQ0RAAvsWOsX2vNa6M9K4OVQ~WsKzqqhdH~havGvvfjEI3BJWArnAu8DQ5zlDEi~YCKSfsqvX-EXCrl~w__&Key-Pair-Id=KUT5TJCACFTXG","Judge Tammy Long Hayward granted judgment June 4 in a consumer collection case after the defendant, Yonta Rodriguez, admitted the indebtedness in her answer but said she could not currently pay.

Counsel for JPMorgan Chase requested judgment on the pleadings for $5,992.65 in principal; the firm's lawyer told the court the defendant had filed an answer but had admitted the facts necessary to support the claim. \"This matter is extremely straightforward,\" JPMorgan's counsel said during the hearing.

Rodriguez told the court she was not working and caring for young children and asked for leniency. The judge told Rodriguez the court would enter judgment but encouraged her to negotiate a payment plan with counsel for JPMorgan Chase. Hayward noted the plaintiff was seeking principal only and urged Rodriguez to contact the creditor to discuss possible repayment arrangements and to consider employment opportunities that provide benefits and income stability.

The court granted judgment for the amount the creditor sought: $5,992.65 in principal (court cost reported in the hearing $93.65). The judge advised the defendant to continue discussing payment terms with JPMorgan counsel; the case record will reflect the judgment and the creditor may pursue collection remedies allowed by Georgia law if the parties do not reach a payment arrangement.","Judge Tammy Long Hayward entered judgment for $5,992.65 in a collection case after the defendant admitted the debt in her answer and counsel for the bank sought judgment on the pleadings; the court encouraged the defendant to work with the creditor on payment arrangements.","actionData","errors"]

Article not found

Judge to weigh adding multiple defendants in deadly box-truck crash; parties disagree on scope of joinder

Judge to consider opening default in fatal-premises case after defendants say insurer had notice

Judge grants judgment to JPMorgan Chase for $5,992.65 after defendant admits account balance