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

• TRESPASS; NUISANCE; COMMON LAW CHANNELING; BREACH OF CONTRACT (Circuit court of Jefferson County): The plaintiffs and the defendants are next-door neighbors residing on the side of a steep hill. The defendants planned to construct a retaining wall located in their back yard. The defendants approached the plaintiffs, explained their construction plans, and requested permission to remove a knoll situated between the properties and to extend the new retaining wall onto the plaintiffs' property. The plans included a very extensive drainage system. After reviewing the proposed plans, the plaintiffs agreed to allow the defendants to remove the knoll, construct the wall, install the new drainage system, and landscape a portion of the plaintiffs' property at the defendants' expense. The defendants wrote the plaintiffs a letter confirming they had permission to enter the plaintiffs' property to perform the work. The plaintiffs' claimed, and their expert testified, the construction and landscaping caused additional rainwater run-off to enter their property causing their patio to crack and sink. Defendants' expert testified the landscaping and construction benefited the plaintiffs. The defendants also presented evidence there was damage to the patio prior to the landscaping and construction. The plaintiffs replaced their patio, installed an additional French drain, and performed additional landscaping to their property. Before trial, the plaintiffs' last demand was $32,500. The jury returned a verdict in favor of the defendants. O'Grady v. Skinner; Case Number CV-02-3532; Tried November 17, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This case involves a two vehicle accident. The plaintiff struck the defendant's vehicle in the driver's side after the defendant turned from a side street in front of the plaintiff. The plaintiff was treated in the emergency room for a neck strain, chest wall contusions, and abdominal contusions and was kept in the hospital overnight for observation. At trial, the defendant offered evidence that, at the time of the accident, the plaintiff was driving twice the posted speed limit with alcohol in his system. The plaintiff offered evidence of approximately $9,000 in medical damages and property damage to his vehicle. Before trial, the plaintiff's last settlement demand was $37,500. The defendant made no settlement offers. The jury returned a verdict for the defendant. Simon v. Harry; Case Number CV-01-6749; Tried November 17, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This lawsuit arose out of a three-vehicle accident which included an ambulance transporting a patient from the scene of another accident. The defendant, who was merging from the left lane to make way for the ambulance, struck the plaintiff's vehicle, whose position in the center lane was the subject of dispute among the parties and eyewitnesses. The plaintiff, who sustained an open and closed head injury and a lacerated spleen, offered evidence of medical damages totaling approximately $14,000 and lost wages of approximately $1,500. The jury returned a verdict for the defendant. Ransum v. McCann; Case Number CV-02-7049; Tried November 3, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): The plaintiff, a police officer, was responding to an emergency call at the time of the accident. The defendant exited a parking lot and pulled into the officer's path. Both parties filed separate lawsuits, and the suits were consolidated for trial. The plaintiff sustained a strain to his back and forearm and offered proof of medical bills totaling $3,089.09. The jury returned a verdict for the plaintiff and awarded damages of $1.00. Jenkins v. Bright; Case Number CV-01-3359; Tried October 20, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This case involved a two-vehicle accident. The plaintiff was stopped in traffic and was rear-ended by the defendant, who admitted liability. The judge directed a verdict as to the issue of liability, and the case was tried solely on the issue of causation. The plaintiff's vehicle sustained approximately $1,000 in property damage. The plaintiff received treatment for neck pain and argued that the accident aggravated a pre-existing herniated disc in her neck. The plaintiff offered the testimony of an orthopedic surgeon, who testified that the accident could have increased the plaintiff's pain level. The plaintiff offered proof of approximately $4,000 in medical damages. Before trial, the plaintiff's last demand was $15,000, and the defendant's last offer was $1,800. The jury returned a verdict for the defendant. Cox v. Cochran; Case Number CV-02-5328; Tried September 16, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This case involved a claim for underinsured motorist benefits. The plaintiff, who was driving a motorcycle, turned left in front of another driver, who testified that she recognized the intersection where the accident occurred as dangerous but was traveling fifteen to twenty miles per hour above the posted advisory speed. That driver's policy limits of $25,000 were tendered by her carrier. The plaintiff sustained an open pelvic fracture, a left SI joint fracture, fractures to two vertebrae, and a torn ligament in his right thumb and offered proof of approximately $80,662 in medical damages. The plaintiff also offered proof of approximately $10,000 in lost wages. The jury returned a verdict for the defendant. Smith v. State Farm Mutual Automobile Insurance Co.; Case No. CV-02-6243; Tried September 8, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): The plaintiff claimed the defendant caused the accident when she failed to yield the right of way while making a left turn. The plaintiff claimed she sustained a herniated disc in her neck which eventually required surgery. The plaintiff's treating physician related the surgery to the car accident and testified that the plaintiff incurred approximately $15,000 in related medical expenses. Before trial, the plaintiff's last demand was $85,000. The jury returned a verdict for the defendant. Dunagan v. Tucker; Case Number CV-02-4478; Tried August 4, 2003.

• BREACH OF CONTRACT (Circuit Court of Jefferson County): Plaintiff owned a house near the Birmingham Airport, which was rented to a tenant under Section 8. The tenant died, and some time later, Plaintiff discovered that the house had been vandalized. Plaintiff made a claim with Defendant, which tendered payment for the claim, taking a heavy depreciation for the deplorable condition of the property, which appeared to be due to wear and tear and neglect. Plaintiff disagreed with the Defendant Insurance Company's assessment and filed suit. At trial, Plaintiff, who had been in the real estate and construction business for some forty years, opined that it would take $25,000 to $35,000 to repair the home. Defendant presented evidence that the Plaintiff no longer owned the home, as well as evidence that she received payments through Section 8 for some eight months after her tenant died. The jury returned a verdict for Plaintiff in the amount of $6,468.78, which is the exact amount which Defendant had offered to her prior to litigation. Laverne Graves v. Vesta Insurance Company; Case Number: CV-02-6234; Tried June 9, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff, a pedestrian, claimed he was struck by the defendant’s car while walking in a parking lot.  The defendant testified the plaintiff walked into the side of his vehicle.  The plaintiff sustained a broken right ankle but took no medical depositions and proved no medical damages.  The plaintiff’s wife made a claim for loss of consortium.  Before trial, the plaintiff demanded policy limits to settle.  The jury returned a verdict in favor of the defendant.  Lynch v. Williams; Case Number CV-02-2000; Tried May 12, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff was rear ended by the defendant after the plaintiff made a right turn into the defendant’s lane of travel.  Each party claimed the other ran a red light.  The plaintiff sustained soft tissue injuries to her neck and back and claimed pre-existing degenerative and arthritic conditions in her neck and back were aggravated by the accident.  The plaintiff offered proof of approximately $2,000 in medical damages.  Before trial, the plaintiff’s last demand was $15,000.  The jury returned a verdict for the defendant.  Minter v. Williams; Case Number CV-02-498; Tried May 5, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff, who was riding a bicycle, claimed the defendant either struck his bicycle or forced him off the road, causing him to fall in front of the defendant’s vehicle.  The plaintiff sustained a broken rib and soft tissue injuries and offered proof of approximately $2,000 in related medical bills and approximately $1,500 in lost wages.  Before trial, the plaintiff’s last demand was $30,000.  The jury returned a verdict for the plaintiff and awarded damages of $1,500.  Broadley v. Zukosky; Case Number CV-01-7818; Tried April 21, 2003.

• BREACH OF CONTRACT/FRAUD (Circuit Court of Jefferson County):  The plaintiff and defendant entered into a lease/sale contract concerning a condo in Destin, Florida.  The plaintiff claimed the defendant breached that contract and misrepresented the plaintiff’s obligations under the contract.  The plaintiff claimed compensatory damages of approximately $56,000 and requested an additional $25,000 in punitive damages.  The jury returned a verdict for the plaintiff for $15,000.  Gantt v. Payne; Case Number CV-01-406; Tried April 14, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The defendant’s vehicle crossed the center line and struck the plaintiff’s vehicle.  The plaintiff claimed the accident aggravated a pre-existing condition, Arnold Chiari Malformation with Syrongomelia.  The plaintiff offered evidence of $12,500 in medical bills which the defendant stipulated were reasonable in amount.  The defendant disputed that the bills were related to the accident.  Before trial, the plaintiff was offered $5,000 to settle.  The jury returned a verdict for the defendant.  Burton v. Gooch; Case Number CV-02-3800; Tried April 7, 2003.

• MOTOR VEHICLE ACCIDENT—UNINSURED MOTORIST (Circuit Court of Jefferson County):  The plaintiff was rear-ended in a hit and run accident and sought uninsured motorist benefits.  The plaintiff sustained soft tissue injuries to her head, neck, and back and offered proof of approximately $8,000 in medical damages.  Before trial, the plaintiff’s last demand was $11,500.  The jury returned a verdict for the plaintiff and awarded damages of $10,965.53.  Hutto v. Southern United Fire Insurance Company; Case Number CV-01-5562; Tried February 10, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff and defendant were involved in a minor-impact rear-end collision.  Initially, the plaintiff was diagnosed with cervical and lumbar strain.  Later, the plaintiff was diagnosed with a herniated disc and underwent a cervical discectomy and fusion.  The plaintiff offered proof of $32,000 in medical specials.  The jury returned a verdict for the defendant.  Dozier v. Groover; Case Number CV-01-6379; Tried February 10, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The plaintiff, a pedestrian, was struck by the defendant’s vehicle in a parking lot.  The defendant’s vehicle then backed over the plaintiff.  The plaintiff received treatment for neck, back, and shoulder pain and abrasions.  The plaintiff’s medical bills totaled approximately $10,000, but the plaintiff was able to prove only $2,000 in related medical damages.  Before trial, the plaintiff’s last demand was $9,000.  The jury returned a verdict for the plaintiff for $3,141.10.  Miller v. Hollins; Case Number CV-01-5177; Tried January 13, 2003.