Jennifer Whitworth - Vernis & Bowling

Jennifer Whitworth, Esq.
Attorney
Vernis & Bowling of Birmingham, LLC 2021 3rd Avenue North, 2nd Floor Birmingham, AL 35203
Phone: (205) 445-1026
Email: JWhitworth@Alabama-Law.com
Fax: (205) 445-1036
Website: www.national-law.com
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Verdicts and Dispositions

Adina Peyton v. Allstate Indemnity Company, et al.
Jennifer Whitworth (Birmingham, Alabama) (Bad Faith) obtained Summary Judgment on behalf of her client, Allstate Indemnity Company (“Allstate”), in a first-party breach of contract and bad faith action brought by Plaintiff against her rental insurance carrier.

The Plaintiff filed a property damage claim with Allstate alleging that a leaky roof and moisture intrusion in her rental home caused mold damage to her personal property. Allstate denied the claim based on various exclusions in the policy, namely that the cause of the roof leak was not a covered event under the policy and that the plaintiff’s damages were also excluded under the policy’s mold exclusion. The Plaintiff eventually filed a lawsuit against Allstate alleging breach of contract and bad faith, seeking bodily injury damages and over $30,000 in personal property damage.

Following depositions, Allstate filed a Motion for Summary Judgment. At the hearing on same, the defense argued that the Plaintiff failed to show she was entitled to benefits under the policy, and therefore could not show that Allstate breached its contract with her when it denied her claim. Because the Plaintiff must show breach of contract on the part of Allstate to sustain her bad faith claim, the bad faith claim was also due to be dismissed. The plaintiff argued that Allstate failed to adequately investigate her claim prior to denying it.

The Court agreed with Allstate and granted final Summary Judgment in its favor.
Patrick Conn v. Grant Mullins
Bill Smith and Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a jury trial that took place in the Circuit Court of Jefferson County, Alabama.

The Plaintiff, Patrick Conn, filed a Complaint against the Defendant, Grant Mullins, alleging negligence and wantonness related to an April 21, 2021 motor vehicle accident. Plaintiff claimed that he and Mullins were traveling next to each other on a 4-lane highway when Mullins’ vehicle suddenly came into his lane of travel and caused a collision. The police officer testified that Mullins told him that he had missed his turn and was attempting to make a right turn from the left lane. Mullins testified that he was in the left lane when he realized he had missed his turn, so he turned on his right turn signal, moved into the right lane, and then slowed down to make a right turn, which he had almost completed when the Plaintiff struck him in the rear. The Defense presented evidence that the Plaintiff was talking on his cell phone at the time of the collision and argued that the distracting phone call prevented the Plaintiff from seeing Mr. Mullins’ vehicle making a right turn in front of him.

The Plaintiff claimed headaches and low back pain following the collision, for which he sought treatment at the emergency room followed by three months of physical therapy. The Plaintiff requested the jury to award him $50,000. The jury returned a Defense Verdict.
Nunn v. Washington
Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a bench trial on February 8, 2022 in the District Court of Jefferson County, Alabama in a clear liability auto accident case against an Allstate insured. The Plaintiff claimed neck, back, shoulder and arm injuries. Although the Plaintiff had health insurance, she did not utilize it, instead choosing to receive LOP physiotherapy treatment from a provider recommended by her lawyer. During the first visit, the NP diagnosed Plaintiff with cervical ligamentous instability and suspicion of fracture and/or cervical disc derangement. Despite that diagnosis, the provider failed to conduct diagnostic imaging and did not refer the plaintiff to a specialist. Instead, the Plaintiff underwent numerous chiropractic adjustments and traction to her cervical spine. The provider charged $10,000 for this treatment.

The defense retained an orthopedic surgeon who testified at trial that the plaintiff’s treatment was unnecessary, unreasonable and dangerous. He testified that with the NP’s diagnosis, a cervical collar should have immediately been placed on the plaintiff and she should have been referred to a spine surgeon. The doctor further testified that traction could have paralyzed the plaintiff, assuming she actually had a fractured spine. Despite the Defendant conceding negligence at trial, the Court entered a judgment for the Defendant, implicitly finding that the Plaintiff didn’t prove that she was injured in the accident.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Construction and Construction Defect Litigation
Cyber Security & Data Privacy
First and Third Party Property and Casualty Claims
Premises Liability
Product Liability
Uninsured/Underinsured Motorist Liability
Wrongful Death

Bar & Court Admission

Alabama Bar

Education

Graduate:
Birmingham School of Law, J.D.
Undergraduate:
Augusta State University, Bachelor of Arts in Sociology

Memberships

Alabama Bar Association
Birmingham Bar Association
Birmingham Young Lawyers

Jennifer Whitworth was raised in Blountsville, Alabama. She attended Augusta State University on a softball scholarship and graduated in 2007 with a Bachelor of Arts degree in Sociology. During her time at ASU, Jennifer was a member of the National Dean’s list. She was also recognized as a distinguished scholar, having been inducted into Alpha Kappa Delta, the International Honor Society of Sociology. In 2011, Jennifer earned her J.D. from Birmingham School of Law, where she graduated in the top 10% of her class. She is a member of the Alabama and Birmingham Bar Associations, as well as the Birmingham Bar Young Lawyers Section.

Jennifer’s areas of practice primarily include general insurance defense, automobile defense, commercial vehicle liability, premises liability, and construction defect litigation. Practicing law allows Jennifer the opportunity to solve problems and be creative, two things she thrives upon. Jennifer endeavors to find creative solutions that are tailored to meet her client’s specific objectives. According to her, “Achieving order from chaos excites me. I enjoy the creativity and intellectual challenges involved with devising case and/or trial strategy in complex and diverse cases. I also love researching new legal theories and/or defenses, and encountering fact patterns I have never seen before.”. Jennifer is honored to serve as a voice for her clients in facilitating resolution to their loss or dispute. She strives to help her clients achieve their litigation goals flexibly and economically through effective communication, collaboration and negotiation.

Outside of work, Jennifer enjoys spending time with her son Logan, their dog Sam, and their spotted leopard gecko, Lizzy. She also enjoys sports, cooking, reading, traveling, music, hiking and camping.

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