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

• MOTOR VEHICLE ACCIDENT (Circuit Court of Shelby County):  The UIM claims by the plaintiffs in this case arose out of an auto accident which occurred on August 24, 2003 on Highway 280 in Harpersville, Alabama. The tortfeasor lost control of her vehicle after passing another car, spun around, crossed the highway, and struck the plaintiffs’ vehicle. One of the plaintiffs suffered four broken toes in the accident. The other plaintiff claimed to have sustained permanent injuries to his cervical spine. The tortfeasor paid policy limits of $20,000.00 to each plaintiff. Before trial, the plaintiffs’ last offer was policy limits of $80,000.00 for each plaintiff. The jury returned a verdict of $35,000.00 for one plaintiff and $20,000.00 for the other. Both of those verdicts were reduced by the amounts paid by the tortfeasor. Bagget v. State Farm; Case Number: CV-05-477; Tried April 10, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Shelby County): This case arose out of a two vehicle accident which occurred on July 23, 2001, the defendant rear ended the plaintiff, who was stopped to make a left turn into her sister’s driveway. At the time of the accident, the defendant had an opened container of beer in the car with him, which spilled inside the car at the time of impact. The defendant was tested at the scene, and he was not charged with DUI, but rather, only received a citation for having an open container of alcohol. The plaintiff had an extensive previous history of physical and psychological problems. She attempted to relate permanent neck pain, anxiety, and depression to the accident, but her doctors testified that, at most, she sustained a whip lash injury. The plaintiff’s doctors related approximately $3,000.00 in medical bills to the accident. Before trial, the plaintiff’s last demand was policy limits of $30,000.00. A settlement offer of $10,000.00 was made on behalf of the defendant. The jury returned a verdict for the plaintiff and awarded damages of $5,000.00. Latham v. French; Case Number: CV-03-870; Tried May 16, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Shelby County): This case arose out of a four vehicle accident which occurred on Interstate 20 in Pell City, Alabama. The defendant, Dixie Kovar, lost control of her vehicle, crossed the median, and entered the oncoming lanes in front of the plaintiff, who was driving a tractor trailer. The plaintiff argued that the defendant was driving too fast for the road conditions. The plaintiff offered evidence of treatment for multiple injuries, including cervical and lumbar radiculopathy. He offered evidence of medical bills totaling approximately $13,000.00 and lost wages of $10,000.00 to $11,000.00. Before trial, the plaintiff’s last demand was $85,000.00, and the defendant offered $7,500.00 to settle. The jury returned a verdict for the defendant. Wynn v. Kovar; Case Number: CV-02-345; Tried January 9, 2006.

• MOTOR VEHICLE ACCIDENT ( Circuit Court of Shelby County): This case arose out of a two vehicle, rear end collision. The defendant looked away from the roadway after being distracted by another driver. When he returned his attention to the road, the plaintiff’s car was stopped, and he was unable to avoid striking her in the rear. The plaintiff complained of pain in her head, neck, left shoulder, and low back. She introduced evidence of medical bills totaling approximately $20,000.00, most of which was paid by health insurance. The defendant offered evidence of significant pre-existing complaints and treatment for headaches, neck pain, and low back pain. Before trial, the plaintiff’s last settlement demand was $85,000.00. The jury returned a verdict for the defendant. Wilcutt v. Hale; Case Number: CV-05-19; Tried December 5, 2005.