Bill Smith and Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a jury trial that took place in the Circuit Court of Jefferson County, Alabama.
The Plaintiff, Patrick Conn, filed a Complaint against the Defendant, Grant Mullins, alleging negligence and wantonness related to an April 21, 2021 motor vehicle accident. Plaintiff claimed that he and Mullins were traveling next to each other on a 4-lane highway when Mullins’ vehicle suddenly came into his lane of travel and caused a collision. The police officer testified that Mullins told him that he had missed his turn and was attempting to make a right turn from the left lane. Mullins testified that he was in the left lane when he realized he had missed his turn, so he turned on his right turn signal, moved into the right lane, and then slowed down to make a right turn, which he had almost completed when the Plaintiff struck him in the rear. The Defense presented evidence that the Plaintiff was talking on his cell phone at the time of the collision and argued that the distracting phone call prevented the Plaintiff from seeing Mr. Mullins’ vehicle making a right turn in front of him.
The Plaintiff claimed headaches and low back pain following the collision, for which he sought treatment at the emergency room followed by three months of physical therapy. The Plaintiff requested the jury to award him $50,000. The jury returned a Defense Verdict.