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

• Estelle Forman v. Vickie Harmon; Circuit Court of St. Clair County; CV-05-42; Tried 3/12/07. This suit arose out of a rear-end collision which occurred on 2/7/03.  The plaintiff claimed that she was stopped for a red light when she was struck from behind.  The defendant testified that the plaintiff began making a right turn on red and then stopped suddenly.  When the plaintiff started moving, the defendant began rolling forward and struck the plaintiff.  There was no visible damage to either vehicle.  The plaintiff claimed that the defendant admitted fault at the scene, but liability was disputed at trial.  The plaintiff claimed to have injured her neck and low back in the accident and offered evidence of $5,273.00 in medical bills.  Before trial, an offer of judgment in the amount of $1,300 was filed.  The jury returned a verdict for the defendant.

• MOTOR VEHICLE ACCIDENT (  Circuit Court of St. Clair County – Ashville Division):  The accident involved in this case occurred in a heavy rainstorm. The plaintiff was stopped to make a left turn, and the defendant approached him from behind. When the defendant applied her brakes, her vehicle slid into the rear of the plaintiff’s vehicle. The defendant estimated her speed at less than thirty miles per hour and stated she attempted to avoid the accident by steering to the right. One of the plaintiff’s former employees stated that he witnessed the accident and estimated the defendant’s speed before impact to be forty to forty-five miles per hour. The plaintiff, who had a long history of back problems, claimed that those problems were exacerbated by the accident. The plaintiff eventually was diagnosed with a disc herniation. The plaintiff offered evidence of $7,689.70 in related medical bills. Before trial, no settlement offers were made. The jury returned a verdict for the defendant. Gentry v. Glidewell; Case Number: 04-128; Case Tried August 14, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of St. Clair County): This case involved a one vehicle accident which occurred on March 2, 2004. The plaintiff testified that she lost control of her vehicle when she was required to steer around the defendant’s vehicle which was protruding into the roadway. After she lost control, the plaintiff’s vehicle entered a ditch, struck a culvert, and became air born. The plaintiff claimed injuries to her low back including a compression fracture. The plaintiff’s medical bills totaled $12,144.72. Before trial, the defendants policy limits were offered, but the underinsured motorist carrier decided to front those policy limits and proceed to trial. The plaintiff asked the jury to award between $100,000.00 and $150,000.00. The jury returned a verdict for the defendant. Carden v. Morrow; Case Number CV-05-19; Tried March 13, 2006.

• MOTOR VEHICLE ACCIDENT (Circuit Court of St. Clair County): The defendant rear-ended the plaintiff's vehicle involving minor property damage. The plaintiff claimed she suffered a variety of injuries as a result of the accident including loss of consciousness, memory loss, loss of coordination, loss of ability to concentrate, exacerbation of neck and back pain. No medical damages were proven, and the plaintiff claimed damages only for pain and suffering. Before trial, the plaintiff's last demand was $75,000. The jury returned a verdict for the defendant. Isbell v. Lambert; Case Number CV-01-258; Tried August 11, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of St. Clair County): The plaintiff claimed that that defendant swerved in front of her vehicle on I-20 eastbound and then applied his brakes causing her to lose control and strike the concrete median in an apparent road rage incident. The plaintiff suffered multiple bruises and contusions and a left ankle fracture resulting in medical expenses of $23,000.00. Judge Hereford granted the defendant's Motion for Judgment as a Matter of Law at the close of the plaintiff's case finding the plaintiff guilty of contributory negligence and assumption of the risk as a matter of law. Greenwood v. Brumbeloe; Case Number CV-02-223; Tried August 11, 2003.

• MOTOR VEHICLE ACCIDENT—UNDERINSURED MOTORIST (Circuit Court of St. Clair County):  The plaintiff claimed she was rear ended by an underinsured motorist, who had liability policy limits of $25,000.  The plaintiff accepted $22,500 to settle her claim against the other driver and pursued underinsured motorist benefits from the defendant.  In the accident, the plaintiff claimed she sustained soft tissue injuries to her neck, shoulder, back, hip, leg, and foot and offered proof of $15,000 in related medical damages.  Before trial, the plaintiff was offered $10,000 to settle.  The jury returned a verdict for the defendant.  Colley v. Farmers Insurance Exchange; Case Number CV-00-107; Tried February 3, 2003.

• MOTOR VEHICLE ACCIDENT (Circuit Court of St. Clair County):  The defendant’s vehicle rear-ended the plaintiff’s vehicle.  The plaintiff was diagnosed with whiplash and offered proof of approximately $10,000 in related medical damages.  The plaintiff’s last demand before trial was $95,000.  The jury returned a verdict for the plaintiff for $15,000.  Brasher v. Brasher; Case Number CV-00-102; Tried September 9, 2002.