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

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Lawrence County): This suit arose out of a two-vehicle accident. The defendant, after stopping at a stop sign, pulled into an intersection and failed to yield the right of way to an oncoming vehicle in which the plaintiff was a passenger. The plaintiff injured his neck and upper back, and his doctors testified that his injuries aggravated a pre-existing condition. The plaintiff’s injuries eventually resulted in surgery three years after the accident. Because the plaintiff testified that he incurred no out-of-pocket expenses, the judge refused to allow the plaintiff to offer his medical bills into evidence. The case was defended on the basis that, although the plaintiff did aggravate his pre-existing condition, his surgery was not related to the accident. The jury returned a verdict for the plaintiff and awarded $10,000 in damages. Terry v. Claborn; Case Number CV-03-48-J; Tried August 8, 2005.