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

• MOTOR VEHICLE ACCIDENT (Circuit Court of Etowah County):  This case arose out of a two-vehicle rear-end collision which occurred on February 12, 2002 in Gadsden, Alabama. The plaintiffs were stopped for traffic, and the defendant was stopped behind them. The plaintiffs began to move forward but stopped again suddenly. The defendant applied her brakes, but her foot slipped off the brake pedal because her shoe was wet, and she struck the rear of the plaintiffs’ vehicle. One of the plaintiffs claimed that the collision caused a rotator cuff tear in his right shoulder which eventually required surgery. The other plaintiff claimed that the collision caused degenerative changes in her lumbar and cervical spine, or, in the alternative, aggravated pre-existing conditions in those areas. Liability was disputed in the case on the basis that the defendant was not negligent in that the accident only happened because her foot slipped off the brake pedal. Before trial, one of the plaintiffs was offered $30,000.00 to settle, and the other was offered $25,000.00 to settle. The plaintiffs did not respond to those offers. The jury returned a verdict for the defendant. Chandler v. Fraser; Case Number CV-03-1656; Tried March 13, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Etowah County): This lawsuit arose out of a two-vehicle accident which occurred in Gadsden, Alabama. The plaintiff claimed the defendant ran a red light and struck her vehicle. The defendant testified that she entered the intersection on a yellow light and defended on the issue of liability. The plaintiff sustained a pelvic fracture and incurred medical bills of $30,256.88. In addition, the plaintiff offered evidence that, as a result of her injury, she sustained a 41% loss of employability. The plaintiff’s last demand before trial was for policy limits of $100,000. After several hours of deliberation, the jury advised that it was deadlocked. The judge administered the “dynamite charge,” and, after a total of eight hours of deliberation, the jury returned a verdict for the defendant. McIntosh v. Miller; Case Number CV-02-948; Tried April 26, 2005.