Amanda Kisor and Ron Gault obtained a favorable verdict for their client in an automobile accident case. This suit arose out of a two vehicle accident that occurred on October 7, 2014 on Gilbert Ferry Road in Attala, Alabama. The plaintiff, Brandy Payne, was a passenger in a vehicle driven by her aunt, Rhonda Jenkins. The testimony at trial was that Payne was stopped at a traffic light when she was hit from behind by the defendant, Daniel Bowen. The defendant testified at trial that he had dropped his lighter while attempting to light a cigarette, bent over to pick up the lighter, and when he looked back up saw the truck stopped but could not stop in time. His testimony during trial was that his speed was around 50MPH.
Although the plaintiff went to the emergency room immediately after the accident and there was testimony from Dr. James Beretta, a pain specialist, regarding three trigger point injections and lumbar epidurals that the plaintiff received, the defendant produced evidence during trial that showed that in the 7 days before the motor vehicle accident, the plaintiff had seen a primary care doctor complaining of neck and back pain, and stating that her narcotic pain medication alleviated her symptoms only 30% of the time. Although there was a rise in her pain complaints after the motor vehicle accident, about nine months after the accident, the plaintiff’s pain complaints appeared to go back to how they were before the accident occurred; i.e., that although she had chronic neck and back pain, her current narcotic pain medication alleviated her symptoms only 30% of the time. One month later she was in a subsequent motor vehicle accident when she was hit head on by a drunk driver, which caused an exacerbation of her neck and back pain yet again. Plaintiff’s counsel showed medical records to the jury from well into 2018 where the plaintiff was complaining of pain rated a 10/10 that she attributed to the first motor vehicle accident.
Medical bills were not entered, and the parties stipulated to liability.
The Plaintiff asked the jury for $225,000.00, and the defense asked the jury to pay the plaintiff $9,000.00 for the 9 months that her symptoms were aggravated. The jury returned a verdict for the plaintiff for $1,000.00.
Prior to trial, the tortfeasor’s insurance carrier had offered limits of $50,000.00, which had been fronted by Allstate.