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

• MOTOR VEHICLE ACCIDENT (Circuit Court of Blount County):  The plaintiff in this case struck and killed a squirrel with his vehicle. After running over the squirrel, the plaintiff stopped his vehicle, got out of it, and went back to remove the squirrel from the roadway. The plaintiff testified that the road was blocked by his vehicle. The defendant came around a curve and was unable to stop in time. The plaintiff, realizing that the defendant would be unable to stop, jumped back into his van immediately before the defendant’s vehicle struck the van. The driver of the van complained of pain in his neck, back, chest, and left shoulder. He was treated for multiple left rib fractures, a left scapula fracture, a left elbow fracture, and pneumonia. The driver’s wife, who was sitting in the front seat of the van, was treated for neck pain, headaches, chest pain, left shoulder pain, and low back pain. The driver’s medical bills totaled $30,102.00, and his wife’s medical bills totaled $14,000.00. Before trial, the plaintiffs made a demand of policy limits. An offer of $6,000.00 was made to the passenger, but no offers were made to the driver. The jury returned a verdict for the defendant. Farmer v. Wood; Case Number: CV-04-447; Tried October 16, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Blount County):  In this suit, the plaintiff claimed that the defendant pulled out in front of him, causing a T-bone impact. The defendant denied that allegation and stated that the plaintiff was traveling at an excessive speed in the middle of the road and hit the defendant’s vehicle while she was stopped waiting to turn left into a gas station parking lot. The plaintiff claimed to have suffered injuries to his back and right arm. Although the plaintiff denied any prior injuries, medical records showed that he had received extensive treatment during the 1990’s including seven lumbar epidural injections and treatment for a fracture to his back. The plaintiff explained that he suffered from memory loss and forgot that prior treatment. In addition, although the plaintiff repeatedly testified that the impact was a T-bone type impact, photos of the parties vehicles contradicted that testimony. The plaintiff did not depose any doctors, and, before trial, the Court ruled that the plaintiff could not testify as to any specific medical diagnoses. No medical bills or records were offered into evidence, and the case was tried on the issue of pain and suffering. In addition, the plaintiff claimed property damage of $2,500.00. Before trial, no settlement offers were made. After deliberating for fifteen minutes, the jury returned a verdict for the defendant. Johnson v. Pippen; Case Number CV-04-390; Tried August 21, 2006.

• BREACH OF CONTRACT ( Circuit Court of Blount County): This lawsuit arose out of a homeowners policy issued to the plaintiffs by the defendant, State Farm Fire and Casualty Insurance Company. This case originally was dismissed by the trial court on State Farm’s Motion for Summary Judgment. Plaintiffs appealed the trial court’s Order granting Summary Judgment, and the Supreme Court of Alabama reversed the trial court’s decision, finding that a question of fact existed as to the whether State Farm provided proper notice of the intended cancellation to Regions Bank, which held the mortgage on plaintiffs’ home.

  Plaintiffs purchased their State Farm policy in 1990. Through State Farm’s payment plan, plaintiffs made monthly payments towards their policy premiums, but by 1991, they had been late with their payments on several occasions, and had received from State Farm three Notices of Cancellation for Nonpayment. Through their agent, Karen Acker, plaintiffs applied to make premium payments through State Farm’s preauthorized payment plan, whereby their policy premiums would be debited from their checking account each month. This arrangement worked well for approximately ten years; however, problems arose in 2001. State Farm was unable to debit the May, 2001 premium payment from the plaintiffs’ account due to insufficient funds. State Farm subsequently received notice from Regions Bank that the checking account had been closed, and thereafter sent a Notice of Cancellation for Nonpayment to plaintiffs and their mortgagor, Regions Bank, indicating that the policy would be cancelled if payment was not received within a specified period of time. Thereafter, plaintiffs went to local State Farm agent Karen Acker’s office and made a premium payment.

  Because the plaintiffs’ checking account at Regions Bank had been closed, State Farm resumed monthly billing for the policy. In late June of 2001, plaintiffs mailed a payment directly to State Farm, in the envelope provided to them with their State Farm monthly bill. Thereafter, State Farm sent several bills to plaintiffs but did not receive a response or payment from them. On August 30, 2001, State Farm mailed plaintiffs another Notice of Cancellation for Nonpayment, informing them that their policy would be cancelled if payment was not received before September 19, 2001. This Notice was also sent to their mortgagor at the post office box provided by Regions Bank and listed on the policy declarations for the plaintiffs’ homeowners policy.

  On September 19, 2001, plaintiffs’ homeowners policy was cancelled for nonpayment of premiums. On November 24, 2001, their home was destroyed by a tornado. Thereafter, plaintiffs made a claim against their State Farm policy, but because the policy had been cancelled, State Farm denied the claim. Plaintiffs argued that they assumed State Farm’s monthly debit for the policy premium had resumed, despite evidence that no such debits were shown on their now-reopened Regions Bank checking account statements, which plaintiffs admitted they often did not read. Plaintiffs also argued that State Farm did not send the Notices of Cancellation to them, although they offered no explanation concerning why they would not have received the Notices sent by State Farm, other than their allegation that they often had problems with people stealing mail out of their mailbox or throwing it in their yard. (Plaintiffs admitted that these problems were never reported to the post office or their mail carrier, and they never filed a police report concerning the alleged theft of their mail). Plaintiffs further argued that State Farm did not mail a copy of the last Notice of Cancellation for Nonpayment to Regions Bank; however, they did not present testimony from the Regions Bank mortgage office in Montgomery (where State Farm claims notice was mailed). In response to these allegations, State Farm introduced photographs of the envelopes showing plaintiffs’ correct mailing address for their home and the correct post office box provided by Regions Bank. These photographs were taken electronically at State Farm’s mail center immediately before they were mailed in order to show proof of mailing.

  The jury returned a verdict in favor of State Farm. McCray v. State Farm, Case Number: CV-02-027; Tried: January 24, 2005.