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

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This lawsuit arose out of a two-vehicle accident that occurred in the southbound lanes of I-65 near Montgomery Highway in Hoover. The plaintiff, Robert Hayes, lost control on the wet surface, crossed three lanes of traffic and collided into the guardrail separating the northbound and southbound lanes. The plaintiff then got out of his car, which came to rest partially blocking the two left lanes, walked around it to check for damage and got back inside his vehicle. Shortly thereafter, the defendant, Karen Callahan, an adjuster with State Farm who was driving a company vehicle on her way to an appointment, struck the plaintiff’s vehicle, throwing him from the car. According to Callahan, just prior to the accident she encountered a heavy summer thunderstorm. When she observed the plaintiff’s car blocking her lane, she applied her brakes but her vehicle began sliding out of control. The plaintiff was transported by ambulance to UAB Hospital, where he was admitted overnight for treatment of a fracture of his left fibula. The plaintiff established medical bills totaling $26,145.97, along with approximately $9,000.00 in lost wages. However, it was also proven that Blue Cross paid the majority of the plaintiff’s medical expenses. Before trial, the Plaintiff’s last demand was $35,000.00, and there was no offer made on behalf of the defendants. The jury returned a verdict in favor of the defendants. Hayes v. Callahan, State Farm Mutual Automobile Insurance Company; Case Number CV-03-4778; Tried July 12, 2004.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This lawsuit arose out of a three-car, rear-end collision, which occurred in the right, northbound lane of the Elton B. Stephens Expressway near 3rd Avenue South. According to the plaintiff, she observed the vehicle behind her, which was driven by Andrew Mabrey, traveling very fast and braced herself before being struck by his vehicle. Immediately thereafter she felt a second impact caused by the defendant striking Mabrey’s car in the rear and knocking him back into her. The only other witness called by the plaintiff was Officer Binion, who testified that at the scene the defendant admitted striking the rear of Mabrey’s vehicle first, which then caused Mabrey to strike the plaintiff’s vehicle. The plaintiff was transported by ambulance to the emergency room at Carraway Methodist Medical Center where she was treated for complaints of neck and back pain. The plaintiff sought follow-up treatment with a chiropractor, who was scheduled to testify live at trial but did not. Therefore, the plaintiff was unable to prove any medical specials, relying solely on pain and suffering. Because the plaintiff’s proof was lacking on the issue of causation and was conflicting as to who was at fault, the defendant’s Motion for Judgment as a Matter of Law was granted at the close of the plaintiff’s evidence, and the case was dismissed. Winsted v. Richardson et al.; Case Number CV-01-5951; Tried May 24, 2004.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This case arose out of a two-vehicle accident. The defendant claimed to have a green turn arrow and began making a left when he was struck by the plaintiff, who also claimed to have a green light. The plaintiff's passengers, two minors, also testified that the light in their direction was green. All three plaintiffs sustained soft tissue injuries, and their treating physician testified live at trial. In addition, one of the minor plaintiffs sustained severe lacerations/abrasions to her forehead and chin which resulted in significant scarring. The plaintiffs proved medical specials totaling approximately $12,000. Before trial, the plaintiffs' last demand was $50,000, and the defendant's last offer was $7,000. The jury returned a verdict for the defendant. Gaines et al. v. White; Case Number CV-03-588; Tried February 23, 2004.

• BREACH OF CONTRACT/FRAUD/CONVERSION (Circuit Court of Jefferson County): This case involved the theft of a Safeco policyholder's premiums by an agent of our client, Ken Perolio. The plaintiff alleged wrongful cancellation of an insurance policy, breach of contract, fraud, conversion, embezzlement, negligent hiring, supervision and entrustment, and bad faith refusal to reinstate the policy. The plaintiff claimed that the severe mental anguish that allegedly resulted from the theft of his premiums caused him to miss work, resulting in lost wages. Before trial, the plaintiff's final demand was $100,000. However, at the close of the plaintiff's case, Perolio moved for a judgment as a matter of law on all counts contained within the Complaint. The Judge granted the motion in its entirety. Smith v. Safeco Property & Casualty Insurance Companies, Ken Perolio Realty & Insurance, Co., Ken Perolio, et al.; Case Number CV-02-785; Tried February 9, 2004.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This lawsuit arose out of an auto accident that occurred on March 25, 2003. The defendant rear-ended the plaintiff at the yield sign. The Defendant testified that he was going no faster than 3 miles per hour at the time of this minor impact. A witness, the former girlfriend of the plaintiff, testified that she observed the plaintiff fall off a bicycle two months before the accident in this case and further testified that the plaintiff's claimed back injuries resulted from this bicycle accident, rather than the car accident with the defendant. The witness further testified that the plaintiff specifically told her of his wish to get into a "minor rear-ender," so that he could obtain medical treatment for his back injury from the bicycle accident. After the car accident in this case, the Plaintiff underwent surgery to repair a herniated disc. Before the trial, the plaintiff's last demand was $150,000. The jury returned a verdict in favor of the defendant. Hartline v. Musick, CV-2003-3332, Tried January 28, 2004.

• ASSAULT AND BATTERY (Circuit Court of Jefferson County): On October 9, 2002, the defendant was assisting a customer when the phone rang four times. The defendant and his employee, the plaintiff got into a dispute about the plaintiff not answering the phone. The plaintiff began to raise his voice, and the defendant told the plaintiff to go home for the rest of the day with pay. The plaintiff continued the argument. The defendant winked his eye and calmly requested they go outside away from customers. The plaintiff agreed. When the defendant turned around, the plaintiff began to "flare his arms". The defendant grabbed the plaintiff by the shirt collar and pushed him away. The plaintiff hit the back of his head against the door frame. The plaintiff began to run or walk off shaking his finger at the stating he was going to prosecute. When he did that, the defendant yelled an insult at him, moved a few steps forward, then turned back. Before the trial, the plaintiff's last demand was $5,000. The jury returned a verdict in favor of the plaintiff in the amount of $1,001. Lee Dujanovic v. Robert Leo Wright et al.; Case Number CV-03-2095; Tried January 28, 2004.