Peach Tree Times

John Sambdman, a member of the National Federation of Independent Business (NFIB) in Georgia, published an article in the Atlanta Journal-Constitution discussing the impact of frivolous lawsuits on small businesses in the state.

Sambdman, who leads Samson Tours in Atlanta and sits on the NFIB Georgia Leadership Council, recounted a legal ordeal his company faced following a tragic accident involving one of its school buses. In 2018, a bus operated by Samson Tours was stopped with lights flashing, loading students in DeKalb County, as per usual practice. During this time, a mother and her 8-year-old daughter were struck by another vehicle while crossing the street, resulting in the child's death and severe injuries to the mother.

According to Sambdman, law enforcement at the scene held the car's driver responsible, and she subsequently received a prison sentence. However, due to inadequate insurance coverage by the at-fault driver, the plaintiffs' attorney targeted Samson Tours for litigation. Despite the company and its driver not being at fault, it was deemed a desirable target due to its insurance coverage.

"No rational person could argue our driver acted negligently," Sambdman stated. "To argue my driver was at fault is to argue that any school bus driver picking up kids is acting recklessly."

Faced with the possibility of a large jury award commonly seen in Georgia cases, Samson Tours' insurance settled for $5 million, the policy's maximum limit, although there had been suggestions of settlements as much as $40 million by the plaintiff's lawyer.

Sambdman commended Gov. Brian Kemp for advocating reforms to address lawsuit abuses. "Gov. Brian Kemp is offering reforms that will restore balance to our broken system, and I highly encourage our legislators to pass legislation that will bring relief," Sambdman stated.

He emphasized that businesses are not looking for immunity from negligence consequences but stressed the need to curb lawsuits that target businesses merely due to their proximity to accidents or crimes.