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

• Elicia Patterson v. Lisa Coffey; Circuit Court of Jefferson County (Birmingham Division); Case Number CV-05-640; Tried 12/04/06.  The accident involved in this case occurred in I-65 South near the Finley Boulevard exit in Birmingham.  The defendant, Ms. Coffey, looked away from the road briefly.  When she looked back, traffic was stopping, and she rear-ended the vehicle in front of her.  The impact pushed that vehicle into the plaintiff’s vehicle and pushed the plaintiff’s vehicle into the vehicle in front of it.  After the accident, the plaintiff was treated for neck and back pain.  The plaintiff’s doctor eventually referred her back to her attorney and testified that, in his experience, patients with chronic pain sometimes improve if they resolve their legal claims.  Although the judge did not allow the plaintiff to offer any medical bills into evidence, as those bills were not properly proven, the judge did allow the plaintiff to offer evidence of the fact that Blue Cross Blue Shield and United Healthcare paid approximately $3,600 for the plaintiff’s treatment.  Causation was disputed.  At trial, the plaintiff asked for a verdict of $16,000.  Before trial, the defendant filed an offer of judgment for $10,000, and the jury returned a verdict in that amount for the plaintiff.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  This lawsuit arose out of a three vehicle rear-end collision which occurred on September 20, 2002 at the intersection of Inverness Parkway and Highway 280 in Shelby County. Because the accident was so minor, an officer was not called to the scene. The defendant stopped behind the plaintiff in traffic and then leaned over to pick up a briefcase which fell into the floor. When he leaned over, the defendant’s foot eased slightly off the brake, and his vehicle rolled forward and tapped the rear of the plaintiff’s vehicle. The impact caused the plaintiff to strike the vehicle directly in front of her. The plaintiff, who is an attorney, did not seek immediate medical treatment but went to work and later went to the courthouse. As she was leaving the courthouse, she fell in a pothole. The plaintiff eventually sought medical treatment for severe headaches, left shoulder pain, left arm pain, and neck pain. The plaintiff had a previous history of a herniated cervical disc and resulting surgery. After the three-vehicle accident, the plaintiff had extensive treatment which included pain management treatment, epidural injections, and numerous trips to the emergency room. The plaintiff’s medical bills totaled approximately $181,000.00. The plaintiff also claimed that she sustained lost wages of  a little over $800,000.00. Before trial, the plaintiff made a demand for policy limits of $100,000.00. The plaintiff was offered $2,500.00 before suit was filed, and no additional offers were made. The jury returned a verdict for the defendant. Clem v. Bennett; Case Number CV-04-5102; Tried October 23, 2006

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  This case arose out of a two-vehicle accident which occurred when the defendant rear-ended the plaintiff, who was stopped in traffic waiting to make a left turn. After the accident, the plaintiff was treated for pain in his head, neck, shoulders, and upper/mid back. He was diagnosed with a cervical sprain/strain. The plaintiff was treated with physical therapy, chiropractic care, and an epidural injection. While he was treating, the plaintiff sustained an on-the-job injury where he complained of neck pain after doing heavy lifting. The plaintiff claimed that he had $16,769.30 in medical bills and $3,210.56 in lost wages. Before trial, the plaintiff’s last settlement demand was $50,000.00, and the defendant’s last offer was $26,000.00. The jury returned a verdict for the plaintiff and awarded damages of $27,000.00. McClain v. Oden; Case Number CV-04-2363; Tried October 17, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  This case involved a rear-end accident. The defendant testified that he was driving behind the plaintiff in heavy stop-and-go traffic. The plaintiff stopped suddenly, and the defendant hit his brakes. The road was wet from a recent rain, and the defendant slid into the rear of the plaintiff’s vehicle. The plaintiff argued that the defendant, who was driving one to two car lengths behind her, was following too closely, but liability was disputed by the defendant. The plaintiff claimed she injured her neck and low back in the accident and offered evidence of approximately $13,000.00 in medical bills. Before trial, the plaintiff was offered $8,000.00 to settle, and the plaintiff’s last settlement demand was $30,000.00. The jury returned a verdict for the defendant. Hunter v. Bryant; Case Number CV-05-203; Case Tried September 11, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  The accident involved in this case occurred at the intersection of U.S. Highway 31 and Walkers Chapel Road in Birmingham. The plaintiff, who was sixteen years old and had been driving for approximately two weeks, ran a red light and struck the passenger side of the defendant’s vehicle. The defendant’s vehicle flipped. The defendant filed a counter claim against the plaintiff for injuries sustained in the accident. The plaintiff claimed he injured his chest, left knee, left hand, and low back in the accident. However, the plaintiff had a long history of sports related injuries despite the fact that he was only sixteen years old. The plaintiff’s medical bills totaled $5,982.00. No settlement offers were made before trial. The jury returned a verdict in favor of the defendant on the primary suit. On the counterclaim, the jury awarded damages to the defendant/counter-plaintiff in the amount of $22,600.00. Slaten v. Johns; Case Number: CV-04-390; Case Tried July 24, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Jefferson County):  This case involved a claim for underinsured motorists benefits which arose out of a two-vehicle accident that occurred on March 7, 1998 on Interstate 59 in downtown Birmingham. An uninvolved vehicle began to hydroplane on a wet roadway, and the plaintiff slowed to avoid hitting it. The tortfeasor applied his brakes but slid on the wet road and struck the plaintiff’s vehicle. The tortfeasor was uninsured, so State Farm assumed his defense. Because the plaintiff did not sue the tortfeasor within two years of the date of the accident, the only issue at trial was whether the tortfeasor was guilty of wantonness. The plaintiff complained of injuries to his neck and back. Despite his doctor’s testimony that the plaintiff was not taken off work, the plaintiff claimed he missed eight hundred sixteen hours from his job because of the accident. The plaintiff’s last demand before trial was policy limits of $80,000.00. No offers were made, and the jury returned a verdict for the defendant. Patterson v. State Farm; Case Number CV-04-7102; Tried March 6, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This suit arose out of a rear-impact two-vehicle accident which occurred on Interstate 65 South in Birmingham. A tractor-trailer driving ahead of the plaintiff began to jackknife, and the plaintiff came to a gradual stop. The defendant, who was driving behind the plaintiff, attempted to stop, but her vehicle began to skid on wet pavement and struck the rear of the plaintiff’s vehicle. The plaintiff was treated in the emergency room after the accident for pain in her back, neck, right shoulder, right arm, right leg, and right knee. In the next four and a half months, the plaintiff had forty-one treatment visits with physical therapists, a chiropractor, and an orthopedic specialist. Those visits were followed by a five month gap in treatment after which time the plaintiff received treatment, for the first time, for left shoulder pain. Eventually, she underwent arthroscopic surgery. The plaintiff’s medical bills totaled over $62,000. The case was defended on liability and causation. Before trial, the plaintiff’s last demand was $150,000, and she was offered $12,000 to settle. The jury returned a verdict for the defendant. Swain v. Caldwell; Case Number CV-05-4173; Tried May 16, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This case involved a claim for uninsured motorist benefits. The plaintiffs’ vehicle was rear-ended by a vehicle driven by James Young, who was attempting to elude state troopers when the accident occurred. Mr. Young fled the scene but was later apprehended and charged with leaving the scene of an accident, possession of marijuana, reckless endangerment, attempting to elude the policy, DUI, and driving with a suspended license. Mr. Young was not a permissive driver of the vehicle he was in, so he had no insurance coverage. After the accident, one of the plaintiffs received treatment for a knee contusion and stiffness in his neck and back, and the other plaintiff received treatment for a neck strain/sprain and elbow pain. The plaintiffs received limited treatment and incurred medical bills of only $688.68 and $702.00. Before trial, the plaintiffs were offered a total of $9,500 and made settlement demands which totaled $37,000. The jury returned verdicts for the plaintiffs and awarded a total of $15,000 in damages. Lockett v. State Farm; Case Number CV-03-3118; Tried May 8, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): This case involved a clear liability rear end collision. The impact from the accident caused the plaintiff’s vehicle to cross the center median and come to rest on the shoulder of the on coming lanes. The plaintiff claimed to have sustained headaches and multiple disc herniations in her neck as a result of the collision. The plaintiff called her neurosurgeon to testify live at trial, and he testified that the plaintiff’s disc bulges were not caused by the auto accident but, rather, by a degenerative condition. The neurosurgeon related only a whip lash injury to the auto accident. Before trial, the plaintiff’s last demand was $25,000.00, and the defendant offered $7,186.10 to settle. The jury returned a verdict for the plaintiff and awarded damages of $10,000.00. Whitson v. Adams; Case Number CV-04-7560; Tried February 13, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County: This case arose out of a two vehicle accident which occurred when the defendant ran a red light. The plaintiff incurred approximately $6,400.00 in medical treatment for pain in her neck and back. Before trial, the plaintiff made a settlement demand of $15,000.00, and the jury returned a verdict for the defendant. Taylor v. Griffin; Case Number CV-05-1780; Tried January 24, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Jefferson County): The accident involved in this case occurred while the defendant was parking her vehicle in front of Savage’s Bakery in Homewood, Alabama. Instead of applying her brakes, the defendant pushed the accelerator which caused her vehicle to jump the curb and collide with the front of the bakery. Allen McArdle, the minor plaintiff was walking into the bakery door at the time of the accident. There was a dispute at trial as to whether Allen was struck by the vehicle and knocked through the glass door or whether he was struck by flying glass and debris from the impact. The minor plaintiff was treated for a brief loss of consciousness and multiple lacerations to his face and lower extremities. Allen received follow up treatment for his lacerations and also saw a clinical psychologist twice. Allen’s mother, Lisa McArdle, did not sustain a physical injury but asserted a claim for mental anguish based on being in the “zone of danger.” Mrs. McArdle was treated for post traumatic stress disorder. The minor plaintiff’s medical bills totaled $11,461.34. Before trial, the defendant offered $25,000.00 to settle the plaintiff’s claims against the estate of Ms. Payne, who died before trial. In addition, other defendants contributed $55,000.00 to a settlement. The defendant’s last offer before trial was $25,000.00. At trial, the plaintiff’s attorney requested $200,000.00 for the minor plaintiff and $50,000.00 for his mother. The jury returned a verdict for the plaintiffs and awarded $38,000.00 to the minor plaintiff and $5,000.00 to his mother. Because of a set off for the other defendants’ settlements, a judgment for the defendant was entered on the minor plaintiff’s claim, and a judgment for the minor plaintiff’s mother was entered in the amount of $5,000.00. McArdle v. Payne; Case Number CV-02-111; Tried January 23, 2006.

• SLIP AND FALL ( Circuit Court of Jefferson County): This case arose out of a slip and fall incident which occurred at a Fred’s Dollar Store in Hoover, Alabama. The plaintiff testified at trial that she slipped and fell on an unknown substance which had been spilled onto the floor. The plaintiff also testified that a store employee had been called to clean up the spill but the employee had not yet arrived on the scene. The plaintiff sustained a fracture to her left wrist and two cartilage tears that required surgery. In addition, the plaintiff complained of back pain. The plaintiff’s medical bills totaled approximately $23,000.00. Before trial, the plaintiff was offered $35,000.00 to settle the case and responded with a settlement demand of $50,000.00. The jury returned a verdict for the defendant. Chapman v. Fred’s; Case Number CV-03-625; Tried March 6, 2006.