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

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): In this case, both parties claimed that they entered an intersection on a green light. The plaintiff claimed he injured his back, suffered headaches, and had a scar on his forehead as a result of the accident. The plaintiff’s medical treatment consisted of only two visits to Children’s Hospital. At trial, evidence was offered that the plaintiffs’ scaring resulted from a previous laceration and not from this accident. Before trial, the plaintiff’s last settlement demand was $2,000.00. The jury returned a verdict for the defendant. Williams v. Peterson; Case Number: CV-04-924; Tried October 24, 2005.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This lawsuit arose out of a two-vehicle accident that occurred at the intersection of 1 st Avenue North and 17 th Street North in downtown Birmingham. Defendant Michelle Peterson and her one year-old daughter Kendra were driving east in the left-hand lane of 1 st Avenue as they approached the intersection. The plaintiff, who was fourteen at the time, was riding as a front seat passenger with his uncle and cousin. They were traveling south along 17 th Street towards the intersection with 1 st Avenue. Ultimately, both cars entered into the intersection at approximately the same time. The plaintiff as well as his uncle and cousin testified at trial that Michelle ran the red light, and collided with the front passenger side of their car. Michelle testified that the car within which the plaintiff was riding ran the red light. The plaintiff’s uncle testified that Michelle was traveling at 60 miles per hour at the time of impact. The plaintiff’s mother, who arrived on the scene about ten minutes after the collision, testified that Michelle apologized to her and admitted that the wreck was her fault. The jury returned a verdict in favor of the defendant, Michelle Peterson. Gregory Williams, a minor, by and through his Mother and Next Friend, Benita Smith v. Michelle Peterson; Case Number CV-04-924 ; Tried October 24-25, 2005 .

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County): This lawsuit arose out of an accident which occurred at the intersection of 11th Avenue South and 15th Street South on the campus of UAB. The defendant began a left turn and struck the plaintiff, a pedestrian in a wheelchair, as the plaintiff crossed 11th Street. The defendant testified at trial that he did not see the plaintiff in his wheelchair until the very last moment. Although the impact knocked the plaintiff out of his wheelchair onto the pavement, the base of the plaintiff’s motorized chair did not move from the impact point inside the crosswalk. The plaintiff was treated in the emergency room and was released. Within two weeks, the plaintiff testified he began to experience severe right sided hip pain which he testified he never had before the accident. Over the next year, the plaintiff treated with pain management physicians, ER physicians, his primary care physician, and physical therapy and incurred medical bills of approximately $5,000. The plaintiff did not ask the jury for repayment of his medical bills but, instead, asked for past and future pain and suffering stemming from his hip pain, the cost of repairs to his wheelchair ($2,500), his obligation to repay loans necessitated by the injuries he received ($4,900), and pharmacy bills ($2,700). During trial, evidence showed several inconsistencies between the medical testimony and records and the plaintiff’s testimony regarding pre-existing right hip pain, pain medication usage, wheelchair repairs, and the necessity of his alleged obligation to repay borrowed funds. The plaintiff asked the jury to award $65,000. Before trial, the plaintiff’s last demand was $19,000, and the defendant’s last offer was $12,000. After deliberating for less than two hours, the jury returned a verdict for the plaintiff and awarded damages of $6,234.58. Roden v. Hunt; Case Number CV-04-4703; Tried June 20, 2005.

• MOTOR VEHICLE ACCIDENT ( District Court of Jefferson County): This lawsuit arose out of a two-vehicle accident that occurred in the left, eastbound lane of Lakeshore Drive near Samford University in Homewood. Defendant Matt Manly was driving in the left-hand lane of Lakeshore Drive while on his way to school at Homewood High School. Matt testified at trial that the plaintiff, Bentley Patrick, slowly merged onto Lakeshore Drive from the median where Parkway Drive intersects Lakeshore. Matt slammed on his brakes, and rear-ended Patrick. The evidence at trial was undisputed that Manly’s tires left skid-marks in excess of 100 feet. In addition, plaintiff’s eyewitness stated that she observed Manly “weaving in and out of traffic.” She also recalled remarking to her daughter “that boy is going to cause a wreck.” The plaintiff proved medical bills totaling $3,187.60, as well as property damage in excess of $2,500.00. Matt’s father and owner of the car that Matt was driving, Bill Manly, asserted a claim against the plaintiff for property damage as well. Before trial, the plaintiff’s last demand was $8,500.00. The trial Judge returned a verdict in favor of the defendant, Matt Manly, and entered judgment in favor of Bill Manly for the entire amount of property damage claimed: $5,200.00. Patrick v. Manly; Case Number DV-04-6510 ; Tried March 2, 2005.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This lawsuit arose out of a two vehicle accident where the defendant rear-ended the plaintiff. The defendant testified that his phone rang, and he momentarily took his eyes off the road to look at it before striking the plaintiff’s vehicle. The plaintiff was treated for neck and back pain after the accident and sustained approximately $6,500 in medical bills. The plaintiff had substantial pre-existing back problems but no pre-existing neck problems. The jury returned a verdict for the plaintiff and awarded damages of $4,500. Lucky v. Pruitt; Case Number CV-04-1696; Tried January 25, 2005.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This lawsuit arose out of a two-vehicle accident. The plaintiff was rear-ended by another driver and settled for that driver’s policy limits of $20,000. The plaintiff sued State Farm for underinsured motorist benefits. The plaintiff claimed at trial that she injured her lower back and eventually had surgery as a result. Although the plaintiff had sporadic treatment for back pain before the accident, her attorney argued to the jury that the accident aggravated her pre-existing condition. The plaintiff offered evidence of approximately $30,000 in medical bills. The jury returned a verdict for the plaintiff and awarded damages of $35,000. After application of the $20,000 set-off, judgment was entered against State Farm in the amount of $15,000. Pugatch v. State Farm Mutual Automobile Insurance Co.; Case Number CV-04-368; Tried January 10, 2005.