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

• Janie Green, Diana Matson, Imogene Robinson, and Cynthia Thein v. Joshua Delvecchio and State Farm Mutual Automobile Insurance Company; Circuit Court of Talladega County; Case Number CV-02-427; Tried 5/23/07.  This case involved an auto accident which occurred in the eastbound lanes of Highway 280 near Childersburg.  Our firm represented the individual defendant, Mr. Delvecchio.  The plaintiffs’ vehicle went over a rise, and Delvecchio, who was driving behind them, lost sight of their vehicle.  When Delvecchio topped the hill, he saw traffic moving to the right at which point he realized that a vehicle traveling in the westbound lane had lost control, crossed the median, and was driving in the left lane of the eastbound side.  That vehicle drove past the plaintiffs and Delvecchio before reentering the westbound lanes.  After looking away briefly, Delvecchio looked forward and saw that the plaintiffs were stopped.  Delvecchio attempted to stop but slid on a wet roadway and rear-ended the plaintiffs.  At trial, Delvecchio argued that the accident was caused by the phantom vehicle and that State Farm should be liable for any damages under its uninsured motorist coverage.  State Farm argued that Delvecchio caused the accident.  The jury returned a verdict in favor of the plaintiffs against State Farm only and awarded total damages of $61,500.  The jury returned a defense verdict as to Delvecchio.