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

• Patricia Skates v. L.C. Hampton; Circuit Court of Jefferson County (Bessemer Division); CV-06-48; Tried 05/22/07.  This case involved a two-vehicle rear-end collision which occurred at the intersection of I-20/59 and Academy Drive in Bessemer.  Our firm represented L.C. Hampton.  Patricia Skates, who was a passenger in a vehicle driven by her husband, was treated for neck pain after the accident and eventually underwent an anterior cervical diskectomy.  When she continued to experience neck pain, a second surgery was performed.  Mrs. Skates also claimed the injury aggravated her depression, and Mr. Skates sought damages for loss of consortium.  Medical records indicated extensive pre-accident treatment for depression and neck pain.  Mrs. Skates offered evidence of approximately $60,000 in medical bills.  Causation was disputed due to the evidence of pre-existing problems.  Before trial, the plaintiffs made a settlement demand of $50,000.  The jury returned a verdict for the defendant.

• Benny George and Rita George v. Jill Hannon; Circuit Court of Jefferson County (Bessemer Division); Case Number CV-05-1211; Tried 05/01/07.  This case involved a two-vehicle accident which occurred at the intersection of I-459 and Eastern Valley Road in McCalla, Alabama.  The defendant testified that she was waiting to turn left and saw Mr. George approaching from the opposite direction.  Mr. George had on his right turn signal and appeared to be turning right.  If he had turned right, Mr. George would have then had a yield sign, so Ms. Hannon believed it was safe for her to turn left.  Mr. George did not turn right but continued straight and struck Ms. Hannon as she turned.  Mr. George suffered contusions to his abdomen and complained of forehead and low back pain.  A few days after the accident, he began complaining of neck pain as well.  After a second accident, Mr. George eventually was diagnosed with a herniated disc, and his doctor recommended surgery.  Mr. George’s medical bills totaled $52,163.16, most of which were paid by health insurance.  Mrs. George’s claim was for loss of consortium.  Before trial, the plaintiffs made demands to settle for policy limits of $100,000.  The jury returned a verdict for the defendant.

• Jimmy White v. Brandy Norris et al.; Circuit Court of Jefferson County (Bessemer Division); Case Number CV-04-773; Tried 04/10/07.  The accident involved in this case occurred on 9th Street in Bessemer, Alabama.  The parties both stopped for a red light.  When the light turned green, the plaintiff began moving forward slowly and appeared to be planning to drive straight through.  Instead, the plaintiff testified, he intended to turn.  The plaintiff stopped suddenly and was rear-ended by the defendant.  After the accident, the plaintiff was treated for low back pain and offered evidence of approximately $6,000 in medical bills.  The plaintiff’s last settlement demand was for $7,500, and the defendant filed an offer of judgment for $2,500.  The jury returned a verdict for the plaintiff and awarded damages of $600.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County-Bessemer Division): This case involved a two-vehicle accident. The plaintiffs claimed the defendant ran a stop sign, and their testimony was confirmed by an independent witness. The defendant testified that she stopped at the stop sign, but that a small hill obstructed her view of oncoming traffic. The defendant also claimed the plaintiffs were speeding. One of the plaintiffs sustained soft tissue injuries for which treatment was sought at the emergency room. The other plaintiff sustained a cut on her knee and a seat belt bruise, and she also was treated at the emergency room. Approximately two months after the accident, both plaintiffs treated with a chiropractor, who testified live at trial that all injuries were caused by the accident. The plaintiffs offered proof of approximately $4,000 in related medical expenses. Before trial, the plaintiffs' last demand was $20,000, and the defendant's last offer was $7,000. The jury returned a verdict for both plaintiffs and awarded total damages of $1,500. Hall v. Ward; Case Number CV-01-1170; Tried August 20, 2003.

• PREMISES LIABILITY (Circuit Court of Jefferson County—Bessemer Division):  A store display fell on the plaintiff while she was shopping in the defendant’s store.  The plaintiff injured her arm and was diagnosed with cubital tunnel syndrome, which required surgery.  The plaintiff offered proof of approximately $9,000 in medical bills and $3,300 in lost wages.  Before trial, the plaintiff’s last settlement demand was $42,500, and the defendant’s last settlement offer was $13,000.  The jury returned a verdict for the plaintiff for $3,300.  Stutson v. Bruno’s Supermarkets, Inc.; Case Number CV-01-1155; Tried October 21, 2002.