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Chris Mauck and Tracy Hendrix obtained a defense verdict for their client.

Chris Mauck and Tracy Hendrix obtained a defense verdict for their client. The incident made the basis of that lawsuit occurred when the Plaintiff was walking North toward The Exchange Pawn Shop on Gault Avenue in Fort Payne, Alabama. Simultaneously, the Defendant was pulling out of The Exchange parking lot onto Gault Avenue when his vehicle was struck by another vehicle, who was traveling South on Gault Ave. As a result of the collision, the Defendant’s vehicle came to rest in the road and the second vehicle collided with a utility pole on the opposite side of Gault Avenue. The Plaintiff was allegedly struck by one of the vehicles and knocked down in the parking lot, suffering cuts to his arms and legs as well as a closed head injury. Suit was filed against the drivers of both vehicles, alleging theories of negligence against both and wantonness against Mauck and Hendrix’s client for driving under the influence of Adderall. There was an additional claim against Alfa Insurance for underinsured motorist benefits. Prior to trial, the plaintiff and the driver of the second vehicle passed away for reasons unrelated to the accident. The driver of the second vehicle’s estate then settled with the Plaintiff’s estate, and Alfa opted out.

The case was tried before a jury for four days. The Plaintiff’s deposition, which was taken before his death, was read into evidence. In this deposition, he admitted he was facing opposite the direction of traffic, saw the second vehicle prior to being knocked down, and never saw Mauck and Hendrix’s client’s vehicle at any point. He then went to the hospital for approximately three hours and followed up with his regular doctor after that. The Plaintiff’s estate offered several witnesses indicating Plaintiff’s existing aphasia and arthritis were greatly exacerbated by the accident, causing him to become withdrawn, depressed, anxious and reticent. Plaintiff’s widow, the Plaintiff married between the accident and his death, also testified the Plaintiff became uninterested in seeing friends and maintaining a social life. Plaintiff’s estate also offered the testimony of two responding officers, one of which arrested Mauck and Hendrix’s client for DUI, and Doctor Jason Ham, who testified the Plaintiff’s aphasia and arthritis became incrementally worse due to this accident. Plaintiff did not offer any evidence of his medical expenses.

The Defendant testified he takes one Adderall per day to control his A.D.D and A.D.H.D, and has used this medication since he was 5 years old. He also indicated objects in the parking lot restricted his view of oncoming traffic, and he was struck by the second vehicle as he crept slowly onto Gault Avenue attempting to ascertain whether any cars were coming. He specifically denied hitting the Plaintiff with his car. Finally, he testified his DUI was dismissed after a drug test at the hospital showed he had no substances in his body except Adderall. The jury deliberated for less than 15 minutes before returning a verdict for the Defendant on both counts, and the court entered a consistent judgment.

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