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

• Willie Porter v. Lyord Watson; Circuit Court of Jefferson County, AL; Case # CV-06-5323; Tried September 10, 2007.  The plaintiff in this case was driving on I-59, when a car three vehicles in front of him braked to make a u-turn.  The plaintiff applied his brakes and was struck from behind by the defendant, who was on the job for State Farm at the time.  The defendant was driving with the flow of traffic at a distance of 3-4 car lengths behind the plaintiff before the plaintiff braked.  Immediately after the collision, the defendant was struck from behind by a third vehicle, and the impact from that collision pushed Mr. Watson’s vehicle into Mr. Porter’s vehicle again.  The second impact was described as more significant than the first.  The driver making the u-turn settled before trial for $12,000.  At trial, the plaintiff complained of neck, right shoulder, and upper back pain.  The plaintiff’s medical bills totaled $16,587.00.  The jury returned a verdict for the defendant.

• Plushette Bonner v. Kenneth Myers; Circuit Court of Jefferson County, AL; Case # CV-06-5553; Tried August 14, 2007.  This suit arose out of a two vehicle accident which occurred on January 21, 2005 on I-20/59 South in Birmingham.  The defendant, Mr. Myers, was driving behind the plaintiff with two vehicles between them.  The vehicles in front of Mr. Myers changed lanes suddenly, and he realized that the plaintiff was stopped in the roadway.  Mr. Myers tried to stop but was unable to do so and rear-ended the plaintiff’s vehicle.  The plaintiff complained of neck, back, shoulder, and wrist pain and denied any previous problems with her neck, back, or shoulders.  At trial, evidence was offered which showed several instances of prior treatment for neck, back and shoulder pain after a prior auto accident.  The plaintiff’s attorney did not attempt to offer any medical bills into evidence, but the parties stipulated to a Blue Cross Blue Shield subrogation claim of $3,606.00.  Before trial, the plaintiff’s last settlement demand was $20,000, but the plaintiff asked for a verdict at trial of $43,606.83.  The jury returned a verdict for the defendant.

• Gloria Walker and Sandy Ledlow v. Joyce Perry; Circuit Court of Jefferson County, AL; Case # CV-05-3906; Tried August 13, 2007.  The plaintiffs in this case claimed that they were rear-ended in a Milo’s parking lot by the defendant.  The defendant testified that plaintiff Walker attempted to make a left turn from the parking lot, realized she could not make the turn, and backed into the defendant’s vehicle.  The plaintiff driver, Ms. Walker, sustained soft tissue injuries, and her passenger, Ms. Ledlow, underwent neck surgery  Ms. Ledlow’s medical bills totaled approximately $60,000.  At trial, Ledlow’s attorney asked for a verdict of $200,000 to $250,000, and Walker’s attorney asked for a verdict of $25,000.  The jury returned a verdict for the defendant as to both plaintiffs.

• David May v. Randy Champion; Circuit Court of Jefferson County (Birmingham Division); Case Number CV-05-4234; Tried 06/04/07.  This case involves a two-vehicle accident which occurred on I-65 South.  The defendant was driving in the center lane.  A box-type truck, which was driving in the left lane, began to move into the center lane.  The defendant took a quick look to his right, saw no other vehicles, and moved to the right to avoid a collision with the box truck.  The plaintiff was driving in the right lane, and the defendant struck the plaintiff when he changed lanes.  Liability was disputed under a sudden emergency theory.  The plaintiff was treated after the accident for neck and low back pain and, after a large treatment gap, was diagnosed with a herniated disc and multiple annular tears.  Because the plaintiff was not a surgical candidate, he was treated with pain management.  The plaintiff offered evidence of approximately $24,000 in medical bills, most of which was paid by worker’s compensation.  Before trial, the jury made a settlement demand of $26,000, and an offer of judgment for $3,000 was filed by the defendant.  The jury returned a verdict for the defendant.

• Jeffrey Richardson v. State Farm Mutual Automobile Insurance Co. and Diane Byram; Circuit Court of Jefferson County (Birmingham Division); Case Number CV-06-4014; Tried 05/14/07.  This case arose out of a rear-end accident which occurred on I-20/59 in Birmingham.  Our firm represented the individual defendant, Diane Byram.  Ms. Byram, who could not attend the trial due to medical issues, testified by deposition that the accident occurred when the plaintiff slammed on his brakes suddenly while exiting the freeway.  The plaintiff claimed he experienced ongoing neck pain since the accident, but that testimony was disputed by his medical records.  The plaintiff offered evidence of $2,943 in medical bills and asked for a verdict of $7,500.  Before trial, the defendant offered $2,500 to settle.  The jury returned a verdict for the plaintiff and awarded $2,950.93 in damages.

• Monty Parsons v. Michael Adam Green; Circuit Court of Jefferson County (Birmingham Division); Case Number CV-04-2148; Tried 04/02/07.  This case involved a six-vehicle rear-end collision which occurred on Highway 79 in Jefferson County.  Our firm represented Michael Adam Green.  The plaintiff, who was driving an eighteen wheeler in the southbound lane, was stopped for traffic with several vehicles behind him.  Mr. Green began sliding on the wet pavement, traveled between the two rows of vehicles in the southbound lanes, striking each of them as he went, and then struck the plaintiff’s vehicle in the rear.  Photographs showed minor damage to all vehicles except for Mr. Green’s, which had heavier damage.  The plaintiff claimed he injured his low back in the accident and claimed he was unable to work as a truck driver.  Two years after the accident, the plaintiff had another injury after he fell seven feet off his deck and eventually had two back surgeries.  The plaintiff’s medical bills totaled approximately $120,000 and he claimed past and future lost wages of $460,000.  Most of those bills were paid by either worker’s compensation or Blue Cross Blue Shield.  Liability was disputed on the basis that the accident occurred due to Mr. Green sliding on wet pavement and not due to any negligence on his part.  Causation also was disputed due to the subsequent fall.  Before trial, the plaintiff’s last demand was for policy limits of $50,000.  After a five day trial, the jury returned a verdict for the defendant.

• David Pope, Michael Pope, and Josh Bollinger v. Southern United Fire Insurance Co.; Circuit Court of Jefferson County; CV-06-2555; Tried 3/19/07. This claim for uninsured motorist benefits arose out of a two-vehicle accident which occurred on May 13, 2004 on Rudd School Road in Jefferson County.  The plaintiffs made a left turn out of Rudd Middle School and failed to yield the right of way to a vehicle driven by Douglas Lesmeister, who was not insured and who could not be located before trial.  Mr. Lesmeister struck the plaintiffs’ vehicle on the driver’s side.  According to the investigating officer, David Pope admitted fault at the scene and admitted that he failed to yield.  At trial, the plaintiffs testified that no such statements were made and accused the officer of accepting a bribe at the scene from the other driver.  David Pope was treated in the emergency room after the accident for a neck strain and offered proof of $6,120.40 in medical bills.  Michael Pope was treated in the emergency room after the accident for abrasions to his face and contusions to his face and left leg.  Michael offered proof of $1,769.35 in medical bills.  Josh Bollinger was treated after the accident for a fractured finger and offered proof of $1,044.55 in medical bills.  Liability was disputed at trial, and the jury returned a verdict for the defendant.

• Dario Vali v. Charlie Gerald; Circuit Court of Jefferson County; CV-06-714; Tried 3/5/07. This case arose out of a two-vehicle accident which occurred on October 21, 2004.  The plaintiff was rear-ended when he stopped behind several vehicles sitting at a red light.  The plaintiff claimed the accident caused low back pain and attempted to minimize evidence of pre-accident low back pain.  After conservative treatment and epidural injections failed, underwent a lumbar diskectomy and fusion at L3-4.  He offered evidence of approximately $98,000 in medical bills and lost income of $44,000.  Causation was disputed due to the plaintiff’s pre-accident back problems.  Before trial, the plaintiff was offered $30,000 to settle.  The jury returned a verdict for the defendant.

• Bernida Hill, individually and as parent and next friend of Deginald Hill, Jr. and Valerie Peterson v. Mario Peruzzi et al.; Circuit Court of Jefferson County; CV-06-3046; Tried 2/26/07.This case arose out of an auto accident which occurred on 10/6/04.  Four to five weeks before the accident, Mario Peruzzi had shoulder surgery.  After his surgery, Peruzzi was prescribed Ambien as he was having difficulty sleeping. The night before the accident, Peruzzi took Ambien, but still had difficulty sleeping.  His girlfriend fixed him breakfast the morning of the accident, told him he had not slept all night, that she needed to go to Tuscaloosa to pick up some clothes, for him to sleep all day and she would return that evening to take care of him.  Some time around noon, Peruzzi remembers taking an Ambien and Lortab.  The next thing he remembers was waking up in the Tuscaloosa County Jail.
  
  The first accident Peruzzi was involved in occurred on I-59 around Bush Boulevard in Jefferson County.  The Hill vehicle contained five passengers.  Hill and her sister, Peterson, testified Peruzzi “bumped” their vehicle three times from the rear, passed them and left the scene.  Hill followed the vehicle, Peterson got the tag number and they reported this to the local police station.  Peruzzi continued towards Tuscaloosa until he had his second accident which occurred when he swerved from the middle lane of a three-lane highway into the left lane side-swiping another vehicle.  Peruzzi was arrested at the scene for possession of marijuana and DUI.  He tested .185 at the scene and .15 at the jail.  The “speculation” is that his blood alcohol content would have been in excess of .20 when he ran into the plaintiffs 45 to 50 minutes prior to his second accident.
  
  Bernida Hill claimed she injured her back and neck in the accident and received treatment from, among others, a neurosurgeon and a chiropractor.  Bernida’s medical bills totaled $18,093.  Deginald Hill, who was four years old at the time of the accident, had an initial treatment visit for muscle pain in his back.  Two years after the accident, Deginald was taken to a chiropractor and had eleven visits for back and neck pain.  Deginald’s medical bills totaled $1,140.  Valerie Peterson was treated initially after the accident for neck, back, and leg pain.  Two years later, she also sought chiropractic treatment for back and neck pain.  Valerie’s medical bills totaled $3,357. 
  
  Before trial, offers of judgment were filed in the amounts of $30,000 for Bernida Hill, $1,200 for Deginald Hill, and $3,500 for Valerie Peterson.  The parties entered into high/low agreements with all three plaintiffs as follows:  $30,000/$80,000 for Bernida Hill, $5,000/$20,000 for Deginald Hill, and $5,000/$25,000 for Valerie Peterson.  The jury returned defense verdicts on the claims of Deginald Hill and Valerie Peterson.  For Bernida Hill’s claim, the jury awarded $1,500 in compensatory damages and $25,000 in punitive damages.

• Ronald and Julia Jones v. Richard Alan Barrett; Circuit Court of Jefferson County; CV-04-4022; Tried 2/26/07. The defendant in this case was driving a pick-up truck hauling a trailer loaded with hunting equipment, including a “shoot house.”  The binding loosened, and the shoot house and some chairs blew off the trailer.  The defendant was unable to get the house and chairs out of the highway due to traffic.  The plaintiff, Julia Jones, attempted to swerve to avoid the shoot house, but she clipped it, which caused her vehicle to spin out of control.  Ms. Jones’ vehicle never impacted any other vehicles.  As a result of the accident, the plaintiff claimed to have suffered from depression, loss of self esteem, low back problems, neuropathy, hypertension, inability to concentrate, insomnia, and loss of dignity.  Mr. Jones’ claim was for loss of consortium.  Mr. Jones attended the trial but was unable to testify because he suffers from Lou Gehrig’s disease and was unable to speak.  Mrs. Jones had approximately $8,000 in out-of-pocket medical expense but claimed $40,000 to $50,000 in damages for things like hiring help around the house and yard.  Before trial, the plaintiffs were offered $8,000.  The jury returned a verdict for the defendant.

• Leo and Mary Davis v. Takisha Davis and Pamela Evans; Circuit Court of Jefferson County; CV-06-537; Tried 2/26/07. This case arose out of a minor impact rear-end collision which occurred on January 28, 2004 at the intersection of 24th Street SW and Jefferson Avenue in Birmingham.  Our client, Takisha Evans, believed the plaintiff moved forward to merge into traffic, took her foot off the brake, and rolled into the rear end of the vehicle driven by Mary Davis.  The plaintiff admitted at the scene that she had been in another rear-end accident three days earlier.  At trial, the plaintiff offered evidence of an ER visit and physical therapy.  Medical bills totaled $3,214.00.  The defendant admitted liability but disputed causation and the extent of Mrs. Davis’s injuries.  Before trial, the plaintiffs were offered $2,000 to settle, and the jury returned a verdict for Mrs. Davis and awarded damages of $2,000.  Mr. Davis’s claim was for loss of consortium, and the jury returned a defense verdict on that claim.

• Hessie Fields v. Thornton Flowers; Circuit Court of Jefferson County; CV-05-6266; Tried 2/5/07. The accident involved in this case occurred as the defendant was pulling forward out of a parking place.  Mr. Flowers, who died before trial, told the investigating officer that his accelerator got stuck.  After striking the plaintiff’s vehicle, Mr. Flowers struck a third vehicle and a pedestrian.  The plaintiff treated after the accident for neck pain, shoulder pain, low back pain, and abdominal pain and incurred medical bills of $19,610 which she claimed were related to the accident.  Both liability and causation were disputed, and the jury returned a verdict in favor of the defendant.