[Olmec9]

My name is Marcus McMillian and I was Tboned by a Western Express truck in 2008. On March 4, 2015, I obtained a judgment against a large trucking company (Western Express, Inc) represented by a team of lawyers from Hall, Booth, Smith; P.C. in federal court for serious injuries caused in a motor vehicle accident. McMillian v. McBride., et al 1:09-cv-3393-AT (N.D. Ga 2015). Instead of paying the judgment to me Western Express filed another lawsuit seeking a injunction against double liability beyond the amount awarded by the jury. McBride v. McMillian., et al 1:15-cv-0815-AT. Because I was not an attorney Western Express, Inc hoped that this maneuver would frustrate my recovery in conflict with my creditors (i.e. medical bills, attorney fees). First, the interpleader suit is grounded within contract basics. Western Express, Inc had already stipulated at trial the related insurance policy for the court. The court decided not to allow the insurance joinder although identified ability to pursue this claim once a judgment was obtained.

The standard in a dispute against the funds is a question for the court to weigh factual evidence presented. Because the court had already opined the extent of coverage during trial there is no question whether the amount claimed could be met. This voids the entire reasoning behind the double liability claim. Secondly, I have the right to be fully compensated for serious injuries my surgeon declared as permanent by law. Although I received a harassing phone call from the Western Express, Inc Vice President the court questioned the company's business practices and fair dealing for settlement purposes. Yet this was not enough for the court decided there was no legitimate reason for my claim to insurance policy proceeds allowing a injunction to issue. I appealed this decision. I have written several complaints.

Meanwhile, Western Express continues its lucrative business knowing that the Federal Motor Carrier Safety Administration requires sufficient insurance coverage to operate. This accident happened in May of 2008 and Western Express has kept this matter quiet. I feel more people will benefit by taking notice of the kind of policy and business Western Express, Inc supports.

[Jackrabbit379]

Aren't they the ones with the pretty blue Petes?

[freebirdrfd]

Originally Posted by Jackrabbit379

Aren't they the ones with the pretty blue Petes?

Western Express has the white Freightliners

[Mr. Ford95]

Sounds like your complaint should be with the courts, though the VP calling you intimidatingly is not a good move. Your response should have been to simply record it or tell him to pound sound and talk to your lawyers. Your lawyers should have ripped them apart on that if you had physical proof you recieved a call from a Western number. Tell me you have a lawyer........if not you need to get one YESTERDAY!

Any company will do whatever they can to get out of paying out money, it's the normal for ALL companies worldwide. Yes, you feel as if your getting robbed by them in this, but they have stockholders to appease by making as much money as they can, not losing it. Companies are not UNICEF. As long as this is tied up in the courts, they will keep I see quiet as possible, is there a gag order involved? That could be 1 reason things are quiet on it, though if a gag order is imposed, you have just broken it by posting here.........again, please say you have a lawyer backing you!

[Jackrabbit379]

Originally Posted by freebirdrfd

Western Express has the white Freightliners

Oh. Maybe there's another westernl

[freebirdrfd]

I know there is a Western Flyer company. I forget what they have for trucks

[firebird_1252]

Originally Posted by Jackrabbit379

Oh. Maybe there's another westernl

your thinking western distribution. owned by V Gaines. He was a NHRA pro stock driver.

[Roadhog]

Originally Posted by Jackrabbit379

Oh. Maybe there's another westernl

ahhh... yer thinking of Country.

[GAnthony]

Originally Posted by Olmec9

My name is Marcus McMillian and I was Tboned by a Western Express truck in 2008. On March 4, 2015, I obtained a judgment against a large trucking company (Western Express, Inc) represented by a team of lawyers from Hall, Booth, Smith; P.C. in federal court for serious injuries caused in a motor vehicle accident. McMillian v. McBride., et al 1:09-cv-3393-AT (N.D. Ga 2015). Instead of paying the judgment to me Western Express filed another lawsuit seeking a injunction against double liability beyond the amount awarded by the jury. McBride v. McMillian., et al 1:15-cv-0815-AT. Because I was not an attorney Western Express, Inc hoped that this maneuver would frustrate my recovery in conflict with my creditors (i.e. medical bills, attorney fees). First, the interpleader suit is grounded within contract basics. Western Express, Inc had already stipulated at trial the related insurance policy for the court. The court decided not to allow the insurance joinder although identified ability to pursue this claim once a judgment was obtained.

The standard in a dispute against the funds is a question for the court to weigh factual evidence presented. Because the court had already opined the extent of coverage during trial there is no question whether the amount claimed could be met. This voids the entire reasoning behind the double liability claim. Secondly, I have the right to be fully compensated for serious injuries my surgeon declared as permanent by law. Although I received a harassing phone call from the Western Express, Inc Vice President the court questioned the company's business practices and fair dealing for settlement purposes. Yet this was not enough for the court decided there was no legitimate reason for my claim to insurance policy proceeds allowing a injunction to issue. I appealed this decision. I have written several complaints.

Meanwhile, Western Express continues its lucrative business knowing that the Federal Motor Carrier Safety Administration requires sufficient insurance coverage to operate. This accident happened in May of 2008 and Western Express has kept this matter quiet. I feel more people will benefit by taking notice of the kind of policy and business Western Express, Inc supports.

since it sounds like you acted as your own lawyer, you got screwed in your eyes. you do not know the laws, and the loop holes, the team representing Western does. they can drag this out for decades, and frankly it is your fault for not lawyering up.

is it too late for you to get a lawyer? maybe not, but it'll be a big enough nut for him or her to crack.

best of luck, next time, have a lawyer represent you otherwise the old saying, "he who represents himself, has a fool for a lawyer", will ring loud and clear.

[Jackrabbit379]

Originally Posted by firebird_1252

your thinking western distribution. owned by V Gaines. He was a NHRA pro stock driver.

10-4! I remembered seeing some blue Petes with western on them.

Originally Posted by Roadhog

ahhh... yer thinking of Country.

👍😆