DeKalb County Jury Awards $5.47 Million After Dump Truck Kills Airport Construction Spotter
After trial: The Georgia Court of Appeals affirmed the $5,470,000 verdict against A & G Trucking and Sarah Okoro in full on November 5, 2010; nothing about the amount was reduced or disturbed. A separate Georgia Supreme Court opinion in a related case, Archer Western Contractors, Ltd. v. Estate of Pitts, 292 Ga. 219 (2012), states that A & G Trucking apparently could not pay the judgment. That related case was a breach-of-contract claim the Pitts family brought against the general contractor and subcontractors for failing to ensure A & G carried the automobile insurance the project required; it does not establish whether the family ultimately recovered anything through that separate route, and no source confirms whether any portion of the original wrongful-death judgment was ever paid.
Won by Shiver Hamilton Campbell, LLC.
Mack Pitts was working as a spotter on the international terminal project at Hartsfield-Jackson Atlanta International Airport on June 14, 2007 when a dump truck driven by a coworker backed over him after bypassing the site's safety rules. His children and estate sued the truck's owner, A & G Trucking, Inc., and the driver, Sarah Okoro, in the State Court of DeKalb County. On October 23, 2009, a jury returned a $5,470,000 verdict for the family. A & G Trucking appealed on a single evidentiary issue, and the Georgia Court of Appeals affirmed the judgment in full on November 5, 2010. A related Georgia Supreme Court opinion later confirmed that A & G Trucking could not pay the judgment.
What happened
On June 14, 2007, Mack Pitts was working as a spotter directing dump trucks at a construction site at Hartsfield-Jackson Atlanta International Airport, where crews were building the airport's international terminal. Spotters were stationed at the site so that drivers backing loaded dump trucks toward the fill area would not back into a worker they could not see behind them. Sarah Okoro, driving a dump truck owned by her employer, A & G Trucking, Inc., pulled onto the site while several other trucks were lined up waiting their turn.
According to the trial record, Okoro bypassed the waiting trucks and moved to back up without waiting for a signal from Pitts, as site rules required. Pitts flagged her with a stop signal and she paused, then he turned to direct another driver, not realizing Okoro had started backing toward him. Other drivers in line began honking to warn her that Pitts was behind her truck. Okoro responded with an obscene gesture and kept backing up at a good rate of speed. By the time Pitts realized what was happening, he could not get out of the truck's path in time. He died of his injuries.
Pitts's children and his estate sued Okoro and A & G Trucking for wrongful death in the State Court of DeKalb County. They initially raised claims for punitive damages and for A & G's negligent hiring, retention, and supervision of Okoro, but dropped both before opening statements, leaving the case to be tried on ordinary negligence. At trial, testimony established that Okoro had violated multiple written safety rules for dump truck drivers at the site, including entering the field before being signaled, failing to stay stopped once the spotter told her to, and backing up without confirming where the spotter was standing. Okoro did not dispute breaking the rules. Her defense was that doing so matched how she and other drivers had operated at the site for years.
The trial also exposed a separate problem for A & G. During cross-examination, plaintiffs' counsel confronted Okoro with what the company had produced as her employment application, which described prior truck-driving experience contradicting her testimony. Okoro said she had never seen the document and that the signature on it was not hers. A & G's own principal testified that the application had not been filled out by Okoro at all: her name was misspelled, the signature was someone else's, and a manager had filled the form out for her during a workers' compensation audit after the company misplaced her real application.
On October 23, 2009, the jury returned a verdict of $5,470,000 for the Pitts family. A & G Trucking and Okoro appealed, but on a narrow ground: that the trial court should not have let the family's lawyers question Okoro about the disputed employment application. Alan J. Hamilton, then with Butler, Wooten & Fryhofer and now a partner at Shiver Hamilton Campbell, was counsel of record for the Pitts family on the appeal, along with James P. Sneed. On November 5, 2010, the Georgia Court of Appeals rejected the appeal and affirmed the verdict in full, holding that the trial court had discretion to allow the cross-examination.
The $5.47 million judgment did not translate into a full recovery. A separate Georgia Supreme Court opinion issued in 2012, arising from a follow-on lawsuit the family brought against the airport's general contractor and subcontractors over required insurance coverage, noted that A & G Trucking apparently could not pay the judgment against it. That follow-on contract case, which did not touch the wrongful-death verdict itself, went back to the Georgia Court of Appeals in 2013, which found the construction companies, though not the City of Atlanta, had breached their contractual duty to make sure A & G carried adequate insurance before it was allowed to work on the site.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Georgia Court of Appeals, A & G Trucking, Inc. v. Pitts, 306 Ga. App. 718 (2010), via CourtListener: full accident facts, the $5,470,000 verdict, the fabricated employment application, the affirmance, and counsel of record Butler, Wooten & Fryhofer and Alan J. Hamilton for the appellees
- 2.Justia mirror of the same Court of Appeals opinion, confirming the same facts, verdict amount, and counsel listing
- 3.Georgia Supreme Court, Archer Western Contractors, Ltd. v. Estate of Pitts, 292 Ga. 219 (2012), via FindLaw: independently confirms the $5.47 million wrongful-death judgment against A & G Trucking and states that A & G Trucking apparently could not pay it
- 4.Georgia Court of Appeals, Estate of Pitts v. City of Atlanta, 323 Ga. App. 70 (2013), on remand: names Alan John Hamilton as counsel for the Pitts estate in the related insurance-coverage litigation and describes the outcome of that separate contract claim
- 5.Butler Prather LLP case-results page (trial counsel's own site, corroboration only): lists the verdict date of October 23, 2009 and the trial court as the State Court of DeKalb County, Georgia
- 6.Shiver Hamilton Campbell, LLC (firm)
More proven verdicts from Shiver Hamilton Campbell, LLC
All Shiver Hamilton Campbell, LLC proven verdicts →A 2002 Dodge Ram 15-passenger van carrying 16 women from the We Are Living Proof sober-living program rolled over and caught fire on I-85 at the I-985 split in Gwinnett County on April 24, 2021, killing seven and injuring nine others. Families and survivors sued the van's driver, Chrysler and parent company Stellantis, the group home, and two repair shops, alleging a rollover-prone design, a defective steering system, and a fuel system that let gasoline ignite after impact. The claims settled in 2024 for a combined $162,000,000, described as the largest settlement from a single-vehicle wreck in Georgia history. Shiver Hamilton Campbell, with Alan Hamilton serving as co-lead counsel alongside Beasley Allen's Chris Glover and Kyle Wallace representing several of the firm's clients, handled 2 of the 7 wrongful-death claims and 4 of the 9 injury claims.
A DeKalb County State Court jury awarded $140 million on December 20, 2023 to the estate of George Hughes, a 63-year-old tenant who burned to death in a March 2017 fire at the Venetian Hills Apartments in southwest Atlanta, finding the landlord's fire safety failures caused his death, but the judgment did not stand: on October 31, 2025 the Georgia Court of Appeals vacated it, holding that the jury was wrongly instructed under general premises liability law in addition to Georgia's narrower landlord-tenant statute, and the case was remanded for a full retrial that remains pending.
Cindy Tran Huynh, a 22-year-old Army veteran riding her motorcycle through a green light in Columbus, Georgia, was killed on January 26, 2017 when a tractor-trailer driven by George Hooks for MDV SpartanNash turned left across her path. Hooks and MDV SpartanNash admitted the crash was entirely the driver's fault before trial, leaving a Muscogee County State Court jury to decide damages alone. On March 20, 2019, the jury awarded $27 million: $22 million for the full value of Huynh's life and $5 million for the pain and suffering she endured before she died. Alan Hamilton and Jeff Shiver of Shiver Hamilton represented the family, with Margaret Randels of the firm and Jim Roth of the Roth Firm also on the trial team.
Related workplace injury verdicts
After nearly 30 years of litigation, Markovits Stock and DeMarco secured a $742 million-plus-interest settlement for approximately 23,000 Navistar retirees whose healthcare and life insurance benefits had been repeatedly reduced.
Paul Napoli served as court-appointed co-liaison counsel for nearly 10,000 firefighters, police officers, and construction workers who developed respiratory diseases after working at Ground Zero, securing a settlement worth up to $712.5 million against the city and its contractors.
Sullivan Papain served as court-appointed co-liaison counsel in the World Trade Center Disaster Site Litigation, helping secure a settlement of more than $712 million for roughly 10,000 police officers, firefighters, and construction workers who developed serious respiratory and other illnesses after working in the toxic ruins of the World Trade Center.
Jose Valdivia, 25, was building scaffolding at the Phillips 66 refinery in Lake Charles when a co-worker above him lost his grip on a steel scaffold bar. It struck him on the head and spine through a hard hat and full protective equipment. He is in a wheelchair with limited speech. Brock never reported the accident to OSHA.