Chris Mauck

DANIEL RIGGINS V JACOB MORTON, CIRCUIT COURT OF DEKALB COUNTY; CV-15-900221
Obtained favorable verdict in motor vehicle accident. Defendant admitted to liability for the accident after rear-ending Plaintiff’s motorcycle while trying to adjust the settings of his Bluetooth device, but contested the severity and characterization of the Plaintiff’s damages using Plaintiff’s medical and employment records. After deliberations, the jury awarded the Plaintiff $5,000, less than Defendant’s $6,500 Offer of Judgment and previous offer of $15,000 to settle the case at mediation.

JACK GUTTERY V ANGELIA COX, CIRCUIT COURT OF CHEROKEE COUNTY; CV-15-900095
Obtained defense verdict for Defendant accused of striking Plaintiff’s vehicle while backing out of a parking space at Wal-Mart on Thanksgiving. Defendant admitted she was aware contact was made with Plaintiff’s vehicle, but described it as too slight to hurt anyone. Defendant then successfully impeached Plaintiff’s claims regarding the severity of his injuries and whether those affected areas of his body had been injured before.

JUANITA JOHNSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KELLEY DAN BURT V JOSHUA SHARROW, CIRCUIT COURT OF DEKALB COUNTY; CV-17-900201
Obtained defense verdict in motor vehicle vs pedestrian accident. Plaintiff was walking toward a pawn shop in Fort Payne, Alabama. At the same time, Defendant was exiting the parking lot of that same pawn shop when his vehicle was struck by a passing car. As a result of the collision, Defendant’s vehicle came to rest in the road and the other car collided with a utility pole. Plaintiff was allegedly struck by one of the vehicles, suffering several injuries, some of which he claimed were permanent. Plaintiff filed suit against the drivers of both vehicles before eventually settling with the driver who hit Defendant. Defendant offered Plaintiff $30,000 at mediation, but this offer was refused.

Plaintiff admitted in his deposition he was facing opposite the direction of traffic and never saw the vehicle that hit the Defendant and never saw the Defendant at any point. Defendant testified he suffered injuries to his head and knee during the accident which affected his ability to complete field sobriety testing, testified no substances other than his prescription medication were found in his blood at the hospital, and testified his DUI case was dismissed due to these pieces of evidence. The jury, who was aware Plaintiff had already accepted a settlement from the driver who hit the Defendant’s vehicle, deliberated for just under 15 minutes before returning a verdict for the Defendant.

SUSAN PHARR V VANITY KEITH, CIRCUIT COURT OF SHELBY COUNTY; CV-18-900282
Obtained Summary Judgment in favor of Defendant in motor vehicle accident. Plaintiff sued defendant in Circuit Court alleging she was rear-ended by the Defendant in rush-hour traffic. Defendant claimed she was stopped in that same traffic and the Plaintiff rolled back into her due to the grade of the roadway. Defendant brought suit in Small Claims Court against the Defendant and won a judgment for repair of her property damage. After obtaining the record of the Small Claims case and deposition testimony, Defendant was able to prove the issue of liability for the accident was determined in the Small Claims trial and Plaintiff was collaterally estopped from re-litigating that issue in Circuit Court.

JOHN UNDERWOOD V STATE FARM, DISTRICT COURT OF BIBB COUNTY; DV-18-8
Obtained defense verdict in bench trial for Defendant State Farm in Uninsured Motorist case. Plaintiff alleged he was run off the road and into a tree by a phantom vehicle and separately alleged Defendant breached their insurance contract by failing to honor his claim in a reasonable amount of time. Defendant successfully struck all allegations resembling Bad Faith from Plaintiff’s Complaint prior to trial. At trial, Plaintiff refused to cross examine Defendant’s fact witnesses which challenged Plaintiffs assertion of a two vehicle accident as opposed to one, and Plaintiff was further impeached with evidence of empty beer cans found in his car after the accident. Verdict was rendered for the Defendant in less than 15 minutes.

REBECCA PHILLIPS V. CARL GAITHER, CIRCUIT COURT OF JEFFERSON COUNTY; CV-17-903533
Obtained defense verdict for client accused of rear-ending Plaintiff while she was riding with a friend, causing her to break her neck. Defendant denied responsibility, stating he witnessed the Plaintiff’s friend run a stop sign while turning onto the road in front of him. At trial, Plaintiff admitted she was not paying attention to the whereabouts of Defendant’s car and could not offer any opinion as to anything Defendant did wrong based on her lack of knowledge.