In December 2015, David Wells obtained a jury verdict in a case in Morgan County, Alabama that was over $5000 less than his last settlement offer prior to Trial. The facts of the case were that the Defendant, who did not appear at Trial, failed to yield the right of way and pulled in front of a vehicle in which the Plaintiff was a passenger resulting in a significant impact. The Plaintiff was taken via ambulance to the ER and complained of a headache and neck and back pain. Thereafter the Plaintiff treated with a pain management doctor she had been seeing for several years prior to the accident for neck and back pain. The case was tried on the basis of an exacerbation of a pre-existing condition. David stipulated that the Defendant was negligent in causing the accident and that the Plaintiff was entitled to receive at least the amount of the ER bills. However, he argued that the Plaintiff had returned to her pre-accident condition within a month to 6 weeks of the accident and should only be compensated for that time. The Plaintiff claimed she had never returned to her pre-accident condition and that her condition was still significantly worse. After deliberating for approximately 30 minutes, the jury returned a verdict $2500 more than the amount of the ER bill and which was over $5000 less than the last settlement offer prior to Trial. The Defendant’s insurance carrier was thrilled with the verdict and considered it a victory.
Whitaker, Mudd, Luke & Wells, LLC
2011 4th Avenue North
Birmingham, AL 35203
(205) 639-5300 (Main)