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

• Walter Austin and Charlene Austin v. Stephen Horton; Circuit Court of Madison County; Case Number CV-05-1511; Tried 04/30/07.  This case involved a three-vehicle accident.  Mr. Horton, who was driving behind the plaintiffs, looked away from the road briefly.  When he looked back, the plaintiffs were stopped, and Mr. Horton rear-ended them, pushing the plaintiffs into a third vehicle.  Mr. Austin was treated for neck, shoulder and back pain after the accident.  Mr. Austin’s medical bills totaled approximately $39,000, but his doctors testified that he would need future treatment indefinitely.  In addition to his medical damages, Mr. Austin claimed he was no longer able to work and had a significant lost income claim.  Mrs. Austin was treated after the accident for low back pain and had medical bills totaling approximately $16,000.  Her doctors testified that she, too, would need future treatment indefinitely.  Before trial, Mr. Horton settled with Mr. Austin for policy limits of $20,000 and with Mrs. Austin for $17,062.  However, the UIM carrier, Nationwide elected to pay those settlement amounts, which kept Mr. Horton in the case as a party.  At trial, the plaintiffs asked for $190,000 for past and future medical bills, another $190,000 for pain and suffering, and an additional amount to be determined by the jury for lost income.  The jury returned a verdict for Walter Austin and awarded damages of $130,000 and returned a verdict for Charlene Austin and awarded damages of $60,000.  There was $300,000 in UIM coverage available, so the judgment was satisfied with that coverage.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Madison County): This case arose out of a minor impact rear end collision. At that time of the accident, the plaintiff’s vehicle was stopped in traffic when the defendant rear ended the plaintiff at a speed of 1-2 miles per hour. The plaintiff claimed to have sustained a lumbar injury including a disc herniation. However, medical records indicated that the plaintiff had a previous low back injury and underwent extensive treatment for that. The plaintiff’s medical bills totaled approximately $200,000.00, and he made a claim for lost wages in the amount of $2,100.00. Before trial, the plaintiff’s last demand was $800,000.00. The jury returned a verdict for the plaintiff and awarded damages of $5,250.00. Massey v. Bradford; Case Number CV-03-2291; Tried February 6, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of Madison County): This case involved a claim for underinsured motorist benefits. The minor plaintiff was a driver in a car that was hit head-on by another vehicle being driven on the wrong side of a four-lane road at night with no headlights. The driver of that vehicle was arrested for DUI and had a blood alcohol content of 0.16. The minor plaintiff sought no treatment for five months after the accident. Five months after the accident, she sought treatment from a chiropractor for back and neck pain. The chiropractor testified live at trial that he treated the plaintiff for approximately two weeks and that all his treatment was related to the accident. The plaintiff offered evidence of approximately $1,800 in medical expenses. Before trial, the plaintiff settled with the drunk driver for his policy limits of $25,000. The plaintiff's last demand for underinsured motorist benefits before trial was policy limits of $40,000. No offers were made by Mid-Century, the plaintiff's underinsured motorist carrier. The jury returned a verdict for the plaintiff and awarded compensatory damages of $7,000 and punitive damages of $5,000. After application of a $25,000 set-off, judgment was entered in favor of Mid-Century Insurance Company. Johnson v. Mid-Century Ins. Co.; Case Number CV-02-2599; Tried January 12, 2004.