Bill Smith (Birmingham, AL) (Auto Liability) tried the office’s 8th jury trial of 2019 during the week of June 24th. Bill was assisted by Chelsey Edgerly. After a 3 day trial, the jury returned a defense verdict against both plaintiffs, a driver and passenger who claimed they were rear-ended by the Allstate-insured defendant, who claimed that he stopped short, and that it was the plaintiffs’ Chevy Silverado that rolled back into his Corolla.
The Driver had a 10 year history of chronic lumbar pain and daily Norco use, but no documented history of neck pain. Shortly after the accident, Driver saw a neurosurgeon who found a ruptured C4-5 disc. Driver told surgeon that he was hit by a car doing 35 mph. Driver had a fusion and was a Medicare recipient ($115,000 retail, $19,000 lien). The surgeon related the surgery to the accident by history, as there was no indication of prior neck pain. He said more probably than not, the accident, minor as it was, caused the need for surgery.
Passenger had a substantial history of neck and back pain, including a cervical fusion 7 years pre-accident, but in his deposition said he was 100% improved after the neck surgery all the way until the accident. A few months before the accident, Passenger had applied for disability and claimed severe limitations on daily activities. After the accident, he saw a chiropracter and had $3,500 of treatment.
Just before the accident occurred, Plaintiffs had picked up some old tires and were taking them to a recycler. Their pickup was loaded with 20-30 junk tires. Driver had said in his deposition that he and Passenger both loaded the tires, but at trial Driver said the Goodyear employees loaded the tires. Defendant took pictures of the vehicles at the scene; they were still touching and the damage was minimal. Both men said they immediately felt discomfort in their neck after the impact, but neither reported injuries at the scene; both of them were treated and released from the ER.
The case was tried in Etowah County Circuit Court, traditionally a liberal jury venue due to Goodyear union employees but in recent years has become more conservative. The jury deliberated 45 minutes before delivering defense verdicts.