Gaines, Wolter & Kinney, P.C. - Trial Results

• Michael Johnson and Phyllis Johnson v. Gaeton Michael Lorino, Jr.; Circuit Court of Bibb County, AL; Case # CV-05-149; Tried September 10, 2007.  This case involved a claim for property damage to the plaintiffs’ home.  Mr. Lorino spent the day of the accident at the river with his fraternity.  After drinking approximately 9 beers, he began driving home.  A state trooper clocked Mr. Lorino’s speed at 75 miles per hour and began pursuing.  In an effort to get away from the trooper, Mr. Lorino attempted to turn onto a side street.  At that point, he lost control, skidded 121 feet through the plaintiffs’ yard and struck their house.  Mr. Lorino was arrested and charged with DUI after officers detected a blood alcohol content of 0.12.  The plaintiffs claimed that the impact from the accident caused $19,136 in damage to their home.  The plaintiffs sought compensatory damages in that amount and also sought punitive damages.  At trial, negligence was admitted, but Mr. Lorino argued that the punishment he received for his DUI was sufficient and that punitive damages were not appropriate.  The jury returned a verdict for the plaintiffs and awarded $25,000 in compensatory damages with no punitive damages.