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

• Mary Ellen Campbell and Phil Campbell v. Farris Lee Blackmon; Circuit Court of Chilton County; CV-05-177R; Tried 2/5/07. This suit involved a two-vehicle accident which occurred when the defendant pulled into an intersection and failed to yield to the Campbells’ vehicle.  The defendant was unable to attend trial due to medical problems, and liability was stipulated.  Mrs. Campbell was a passenger in the vehicle driven by her husband and claimed to have sustained headaches, neck pain, carpal tunnel syndrome, and knee pain as a result of the accident.  Mrs. Campbell claimed approximately $34,000 in related medical bills and $407,000 in future loss of earning capacity.  Mr. Campbell’s claim was for loss of consortium.  Before trial, the plaintiffs were offered $27,500, and the jury returned a verdict for the plaintiffs and awarded damages of $20,000.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Chilton County): This case arose out of a two vehicle accident which occurred on Highway 37 in Chilton County. The defendant attempted to turn left into a service station parking lot. The plaintiff, who was driving several vehicles behind the defendant, moved into the oncoming lane to attempt to pass the traffic in front of him and struck the defendants vehicle as it was making its left turn. The plaintiff s vehicle was estimated to be traveling at a speed of 60 miles per hour in a 45 mile per hour zone. The investigating officer, who also was a witness to the accident, places fault on the plaintiff. The plaintiff driver was treated for general pain complaints in the emergency room and incurred approximately $295.00 in medical bills. Julia Romero, a passenger in the plaintiff’s vehicle was treated to abdominal pain and low back pain as well as an abrasion to her right shoulder. Julia’s medical bills totaled $1,495.50. Two of Julia’s children were passengers in the vehicle. They were unrestrained at that time and were ejected from the vehicle. One of her children was treated for chest and abdominal pain as well as a head injury. Another was treated for facial contusions, swelling, and a scalp hematoma. A third child, who was not ejected from the vehicle, was treated for lacerations to his left forearm and right ear. The defendant defended the case on a theory of no negligence on his part and contributory negligence on the part of the plaintiff driver. Before trial, the plaintiffs’ last settlement demand was for policy limits of $100,000.00. No settlement offers were made, and the jury returned a verdict for the defendant. Romero, et al. v. Cisco; Case Number CV-04-25-F; Tried February 27, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Chilton County):  The plaintiffs were passengers in a vehicle  which ran off the road after the defendant’s vehicle merged into the lane occupied by the vehicle in which the plaintiffs were riding.  One plaintiff offered evidence that she sustained a back injury which required surgery.  The two other plaintiffs offered evidence that they sustained soft tissue injuries to their necks and backs.  The plaintiffs offered evidence of approximately $15,000 in related medical damages.  Before trial, the plaintiffs were offered $5,000 to settle.  The jury returned a verdict for the defendant.  Washington v. Carothers; Case Number CV-01-63-B; Tried February 24, 2003.