10 Sep James Ellzey, as administrator of the estate of Cathy Ellzey; Steve and Stephanie Cooper v. Advance Construction Services., et al.
TALLAPOOSA COUNTY SETTLEMENT OF $2,315,000
This case resulted from a car collision between Cathy Ellzey and Steve Cooper. The collision was caused by a low road shoulder which exceeded six inches. Advance Construction Services, Inc. was performing road construction adjacent to Highway 280 in Tallapoosa County. During the course of the construction project, equipment pulling on and off Highway 280 created the hazardous drop off. On his way to work one morning, Mr. Cooper’s right front tire dipped off the roadway. When the vehicle regained traction, it traveled across the highway into oncoming traffic and into the path of Cathy Ellzey. Mrs. Ellzey was killed and Mr. Cooper was seriously injured. During discovery it was revealed that the supervisor for Advance Construction Services, Inc. knew of the shoulder condition but failed to remedy the problem. It was also discovered that the supervisor was not properly qualified to supervise the project.