William F. Smith, II and Maloree McDonough (Birmingham, AL) (UM/UIM) obtained a Defense Verdict on May 4, 2022 in the Circuit Court of Jefferson County, Birmingham, Alabama in a direct-action uninsured motorist case against Allstate Insurance Company. The Plaintiff alleged injuries to both shoulders and his lower back in a seven-vehicle auto accident that occurred in a construction zone on I-59. An unidentified vehicle stopped in the interstate in front of the first vehicle, which came to a stop without contacting the unidentified vehicle. However, the first vehicle was then struck from behind, followed by multiple rear-end collisions involving the six vehicles behind it. The Plaintiff was the fifth car in line and he rear-ended the vehicle in front of him before being rear-ended by the vehicle behind him.
Plaintiff was seen by an orthopedist who diagnosed bilateral shoulder strains. Plaintiff’s treatment included injections and physical therapy.
Plaintiff settled with the driver who rear-ended him before pursuing uninsured motorist benefits based on a phantom vehicle theory.
Plaintiff argued that the phantom vehicle driver was negligent and wanton for stopping in the interstate and causing a chain reaction seven-vehicle accident, then leaving the scene. Allstate defended on causation and the Plaintiff’s contributory negligence for following too closely.
The Plaintiff claimed damages for pain and suffering and mental anguish. He did not introduce the medical bills. Plaintiff’s counsel requested the jury to award $75,000. The jury returned a Defense Verdict.