John McClurkin (Mobile, AL)(Personal Injury) successfully defended a week-long jury trial in the case of Caplan v. Fleet, pending in Montgomery County, AL Circuit Court. This was a personal injury case with allegations of negligence, wantonness, and trespass, whereby the Plaintiff claimed that the Defendants’ wrongful actions caused her to suffer injuries including a heart attack. Specifically, Plaintiff claimed that the Defendants trespassed onto her property on multiple occasions in violation of specific demands from Plaintiff not to do so and despite multiple warnings to Defendants that their actions were causing increased stress, anxiety, and health threats to Plaintiff as she had been suffering from a longtime heart condition. Plaintiff’s treating cardiologist testified that in his expert opinion, the Defendants’ actions led to the increased stress which triggered Plaintiff’s heart attack. On cross-examination, the defense effectively attacked the basis and reliability of the doctor’s opinion as to causation. Plaintiff requested a verdict in the range of $350,000.00 to $750,000.00.
After a four-day trial and deliberations, the jury returned a verdict of $1.00. The Court has denied Plaintiff’s Motion for a New Trial based on insufficient award. We served an Offer of Judgment one year prior to trial and have now filed a Motion to tax costs in favor of Defendants.