David Wells obtained a defense verdict in a motor vehicle versus pedestrian case that was tried before Judge Alan Mann in the Circuit Court of Madison County, Alabama the week of April 20th. Factually the defendant struck the plaintiff with his car in a parking lot after an altercation at a party. There was conflicting testimony about what occurred with respect to the altercation as well as how the incident actually occurred. The plaintiff suffered a fractured skull with a subdural hematoma as well as various other injuries. The plaintiff claimed that as a result of his injuries he had significant cognitive defects and was totally disabled. The plaintiff’s medical bills exceeded $60,000 and were unpaid and owed at the time of Trial. At the close of the plaintiff’s case, his attorneys dismissed their negligence claim against the defendant driver and the negligent entrustment claim against the vehicle owner and submitted their case on a wantonness count only. Plaintiff’s counsel asked for compensatory and punitive damages in excess of $7,000,000 during closing arguments After deliberating for approximately an hour and a half the jury returned a verdict for the defendant.
Whitaker, Mudd, Luke & Wells, LLC
2011 4th Avenue North
Birmingham, AL 35203
(205) 639-5300 (Main)