William F. Smith II and Jennifer Whitworth (Birmingham, AL) (Automobile Liability) obtained a Defense Verdict in Jefferson County Circuit Court following a jury trial in a motor vehicle accident case. The Plaintiff claimed the Defendant failed to yield the right of way at an intersection, resulting in a T-bone collision with the passenger side of Plaintiff’s vehicle. The busy intersection involved a unique layout with three intersecting streets and an unusual light sequence. The Defendant argued that it was the Plaintiff who failed to yield the right of way. Plaintiff was permitted to impeach the Defendant’s credibility by introducing evidence of Defendant’s recent guilty plea to felony domestic violence.
Plaintiff claimed permanent injuries to her lower back and an exacerbation of a pre-existing neck condition. She had undergone cervical fusion surgery just 3 months before the crash, a substantial collision that totaled both vehicles. Plaintiff and her treating physicians testified that her injuries were permanent and would forever affect her quality of life. After a four-day trial, Plaintiff’s counsel asked the jury to award $2.5 million. The jury returned a Defense Verdict.
