Maloree McDonough (Birmingham, AL) (Auto Liability) obtained a favorable verdict in a two-day jury trial against an Allstate insured in Birmingham, Alabama. This claim involved a car accident in which the Defendant rear-ended the Plaintiffs’ vehicle, which was stopped at an intersection. The Defendant admitted liability prior to trial, so the only issue in dispute was the amount of damages to be awarded to the Plaintiffs. Plaintiff Iris Hunter claimed a permanent neck and back injury as a result of the accident and her husband, Melvin Hunter, claimed temporary back and neck pain.
The evidence showed that Iris Hunter had a history of chronic fibromyalgia pain and had last received an injection for neck pain two years before the accident. After the accident, Ms. Hunter was diagnosed at the ER with a back and neck strain. She followed up twice with her primary care doctor and completed a round of physical therapy. In a pretrial motion, Plaintiff’s counsel attempted to exclude evidence of Iris Hunter’s pre-existing treatment for fibromyalgia, arguing that it was irrelevant. The judge initially granted Plaintiff’s motion, but after Maloree made an offer of proof with a post-accident medical record where Ms. Hunter told her doctor that she didn’t know if the pain she was experiencing was from the auto accident or the fibromyalgia, the judge reversed her ruling and allowed the jury to hear evidence of prior treatment for fibromyalgia. Iris Hunter proved medical bills related to her treatment in the amount of $18,042.
Mr. Hunter was treated at the Emergency Room following the accident where he was diagnosed with a bruised abdomen and had one follow-up visit with his primary care physician. His medical bills were not introduced at trial.
Plaintiff’s counsel asked the jury to award $258,000 to Iris and $20,000 to Melvin. In her closing argument, Maloree emphasized Ms. Hunter’s history of chronic fibromyalgia pain. She suggested a verdict of $20,000 for Ms. Hunter and $1,000 for Mr. Hunter. The jury brought back a verdict in favor of Ms. Hunter for $20,000 and $500 for Mr. Hunter.