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

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff’s vehicle struck the vehicle of one of the defendants which was parked on Interstate 65 after striking a dryer that fell from the bed of the other defendant’s truck.  The plaintiff sustained a fracture to her left index finger and offered proof of $8,909 in related medical bills.  The jury returned a verdict in favor of both defendants.  Arnold v. Vaughn; Case Number CV-02-2038; Tried December 9, 2002.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The defendant’s vehicle topped a hill and rear-ended the plaintiff’s vehicle, which was stopped in the road.  The plaintiff sustained soft tissue injuries.  This case resulted in a hung jury.  Pitts v. Gardner; Case Number CV-02-817; Tried December 9, 2002.

• NEGLIGENCE—CONSTRUCTION/EXCAVATION (Circuit Court of Jefferson
  County):  The defendants conducted an excavation project for the purpose of developing and constructing homes on property adjacent to the plaintiffs’ property.  The plaintiffs claimed the excavation caused cracking and structural damage to their home.  The plaintiffs presented repair estimates ranging from $22,000 to $40,000.  The plaintiffs also claimed that the value of their home was diminished and that they would be required to move out of their home for three months while repairs were made.  The jury returned a verdict for the plaintiffs for $15,000.  Hausman-Weiss v. Russell Building Co., Inc.; Case Number CV-01-2751; Tried December 2, 2002.

• PREMISES LIABILITY—SLIP AND FALL (Circuit Court of Jefferson County):  The plaintiff slipped on a metal produce rack which was on the floor of the defendant’s store and fell.  The plaintiff claimed she sustained herniated discs in her back.  The plaintiff presented evidence of $53,000 in medical bills which her doctors testified were related to her fall.  The plaintiff also presented evidence of $103,000 in anticipated future medical treatment.  Before trial, the plaintiff’s last settlement demand was $575,000.  The jury returned a verdict for the plaintiff for $30,000.  Massey v. Bruno’s Supermarkets, Inc.; Case Number CV-01-3473; Tried October 28, 2002.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The defendant’s vehicle pulled into the path of the plaintiff’s vehicle causing the plaintiff to swerve and strike a utility pole.  The plaintiff suffered neck and back pain and was diagnosed with cervical radiculopathy.  The plaintiff offered proof of $12,786.01 in related medical damages plus $8,000 in lost wages.  The jury returned a verdict for the defendant.  Battle v. Carter; Case Number CV-01-6804; Tried September 23, 2002.