Amanda Graham

Scott v. Walmart Stores, Inc.; 2022 U.S. Dist. LEXIS 205985 2022 WL 16927790 (M.D. Ala. 2022); United States District Court for the Middle District of Alabama, Eastern Division; 3:21-cv-742-ECM
Granted summary judgment in a slip and fall case based on lack of notice to Walmart.

Andre Coleman v. Patrick Benjamin Atkins, Southern Pioneer Property & Casualty Insurance Company; Circuit Court of Jefferson County, Alabama; CV-20-901875
Obtained defense verdict in a disputed liability accident. The plaintiff asked the jury to award $15,000 for injuries to his knees and back after he sought treatment for 2 months with an orthopedic doctor, treated conservatively, and had no lingering issues. The jury returned a verdict in favor of the Defendant, finding that the plaintiff contributed to the accident after viewing photographs depicting the damage to both the plaintiff’s and defendant’s vehicle. It was the Defendant’s argument that he had come up on the plaintiff after he had already been involved in an accident with the vehicle in front of him. The Defendant testified that he merely “bumped” the rear of the plaintiff’s vehicle, and was collateral damage to an accident that had already occurred. The jury agreed, and found a verdict in favor of the Defendant.

Tracy Wortman v. Bruce Edward McDowell, State Farm, State Auto; Circuit Court of Pickens County, Alabama; CV-20-900009
Obtained defense verdict in a disputed liability and disputed causation accident. The plaintiff asked the jury to award $190,000 for mental anguish, a carpal tunnel injury, and soft tissue injuries to the plaintiff’s lower back, but the jury returned a verdict in favor of the Defendant, finding that the plaintiff contributed to the accident by not slowing down or taking any evasive maneuvers prior to the accident despite testifying that she witnessed the defendant cross four lanes of traffic, run through a stop sign, and run through a median, before the accident occurred (a fact the Defendant disputed during trial). There was also a dispute as to whether her headlights were on, and how fast she was going at the time of the accident.

Bobby Lee Hornbuckle v. Richards Trucking, LLC, Joseph Benjamin Watson; Circuit Court of Etowah County, Alabama; CV-17-900953
Obtained defense verdict in a disputed liability and disputed causation accident. The plaintiff asked the jury to award $250,000 for mental anguish and an injury to the plaintiff’s lower back, but the jury returned a verdict in favor of the Defendants, finding that the Defendant driver did not act negligently leading up to the accident.

William David Mabrey v. Jeremy Phillips; Circuit Court of Shelby County, Alabama; CV-19-901258
Obtained defense verdict in a clear liability accident where the plaintiff alleged a rotator cuff tear as a result. The underlying insurance limits had been fronted by the underinsured motorist carrier. The plaintiff asked the jury to award $500,000, consisting of punitive and compensatory damages, and the jury returned a verdict in favor of the Defendant, after counsel argued that they had not met their burden of proof regarding causation of the injury.

Jamille Hicks v. Michael Alden; Circuit Court of Tuscaloosa County, Alabama; CV-15-901188
Obtained defense verdict in a disputed liability and causation motor vehicle accident where the defendant testified that he skidded on the wet roadway before bumping into the plaintiff’s bumper. The plaintiff claimed an ACL tear as a result of the accident that was repaired through surgery. Medical bills were stipulated to and totaled $54,104.24. The jury deliberated for a little over an hour and a half before returning a verdict in favor of the Defendant.

Gary L. Ferris v. State Farm Mutual Automobile Insurance Company; Circuit Court of Madison County, Alabama; CV17-901137
Obtained favorable verdict for defendant State Farm in a direct third party action where it was alleged that the plaintiff sustained a sternum fracture, an aggravation of a pre-existing condition to his right arm and bilateral shoulders, and traumatic macular whiplash” to his eyes that would affect his vision for the rest of his life. After a two day trial, the jury deliberated for about 2 hours and 45 minutes before returning a verdict in favor of the plaintiff for $275,000. The UIM limits available were $175,000. With the setoff for the underlying BI settlement, the last offer already advanced to the plaintiff, and the medical payments benefits that had already been paid to the plaintiff, State Farm had the judgment reduced to $30,000. The plaintiff’s last pre-suit demand was for $125,000.

Monica Agee v. Diana Williams, Randy Williams, Kara Company, LLC; Circuit Court of Jefferson County, Alabama; CV-14-000333
Obtained Judgment as a Matter of Law in a landlord/tenant dispute for the landlord of a rental property where it was alleged by the plaintiff, a tenant at the time, that she was not given adequate notice of a showing of the house to a potential buyer. Despite lack of evidence that a showing actually took place, and despite evidence that did show that none of the plaintiff’s property was missing, damaged, or disturbed, the plaintiff sought damages equal to the value of the home itself and all of the contents inside the home. At the close of the evidence, the Defendant moved for judgment as a matter of law due to the plaintiff’s failure to prove any compensable damages, and that motion was granted.

Brandy Payne v. Daniel Wesley Bowen; Circuit Court of Etowah County, Alabama; CV-16-900737
Obtained favorable verdict for defendant in a motor vehicle accident. The underlying insurance limits had been fronted by the underinsured motorist carrier. After counsel for plaintiff asked the jury to award $225,000 and counsel for defendant asked the jury to award $9,000, the jury deliberated for 1 hour before returning their verdict of $1,000 for the plaintiff.

Arthur Paugh v. Christopher Rawls, State Farm Mutual Automobile Insurance Company; Circuit Court of Jefferson County, Alabama; CV-14-902092
Obtained defense verdict in a disputed liability and disputed causation motor vehicle accident involving alleged aggravation of pre-existing injuries and contributory negligence of plaintiff. Defense counsel was able to seriously impeach the plaintiff’s credibility regarding his testimony of the injuries he sustained as a result of the accident with prior medical records and statements made to his treating physicians about his general health.