Bonnie Britt v. Shelby Concrete, et al. (Circuit Court of Shelby County, Alabama)
On her way to work, Bonnie Britt was hit by a Shelby Concrete Truck on Highway 280. Mrs. Britt suffered permanent, disfiguring injuries. The jury returned a verdict for plaintiff awarding money damages. During the post-trial motion process, the parties reached a confidential settlement.
Sergio DeLira, et al. v. Concrete Textures, Inc., et al. (Circuit Court of DeKalb County, Alabama)
Sergio DeLira and six passengers occupied a van and were traveling on Interstate 59 from Dalton, GA to Birmingham, AL to work early in the morning. Bobby Brewer, an employee of Concrete Textures, had parked his tractor-trailer rig on the shoulder of the interstate. Brewer failed to activate the trailer brakes thereby causing the tractor-trailer to roll backwards and out into the lanes of travel and collide wit the van. The accident resulted in the death of two passengers and injuries to the other occupants. The parties reached a confidential settlement.
Marcus Watts v. City of Birmingham (Circuit Court of Jefferson County, Alabama)
Watts was in a motor vehicle accident at an intersection with a police officer from the City of Birmingham. The police officer was pursuing a stolen vehicle and did not stop at the stop sign at the intersection. Watts contended that the officer had not activated his lights or siren as a he went through the intersection. Watts sustained a fractured vertebra. The jury returned a verdict for plaintiff awarding money damages.
Michael Smith v. Demaris Thomas (Circuit Court of Jefferson County, Alabama)
Smith was involved in a motor vehicle accident when he was rear-ended by Thomas on the interstate. Smith sustained a fractured femur requiring surgery and the insertion of rods and pins. Smith incurred approximately $50,000 in medical bills and $10,000 in lost wages. The jury returned a verdict of $420,000 for Smith.
Debbie Roberson v. James Melton (Circuit Court of Jefferson County, Alabama)
Roberson was involved in a motor vehicle accident when she was rear-ended by Melton, who had blacked out at the wheel as the result of low blood sugar. Melton was diabetic and knew that his blood sugar was low. Roberson contended that her pre-existing neck condition was aggravated by the incident and required two cervical surgeries. The jury returned a verdict for Roberson awarding money damages.
ELOISE TYLER, et al v. P. Gartenmayer and Budget Rental Car; Circuit Court of Leon County, Florida
The Defendant Gartenmayer rented a car from Budget to use for a college campus tour for her son. Defendant Gartenmayer and her son were headed to Florida State University and Defendant Gartenmayer was driving. The plaintiffs, Eloise Tyler, James R. Tyler, and J. Tyler were on a family trip from Coffee Springs, Alabama to visit relatives in Florida. Eloise was driving and J. Tyler was in the front passenger seat and both were belted. James was seated behind Eloise and was not belted. The plaintiffs were in the left lane of I-10, traveling the speed limit, and the Defendant Gartenmayer changed lanes from right to left causing Eloise to swerve to the left to avoid a collision. Eloise went into the median and tried to return to the interstate eventually flipping several times in the roadway. James was ejected and killed. Eloise sustained severe personal injuries and thankfully, J. Tyler only sustained a sprained ankle. The Defendants asserted at trial that Eloise was comparatively negligent in the operation of her vehicle by overreacting, overcorrecting the vehicle and speeding. The Defendants further contended that James Tyler was comparatively negligent for failing to wear his seatbelt.
Pittman Dutton attorneys Lee Pittman and Carter Clay tried the case to a Leon County, Florida (Tallahassee, FL) jury and obtained a verdict for Eloise Tyler in the amount of $1,145,000.00; the Estate of James R. Tyler in the amount of $306,064.00; and J. Tyler in the amount of $3,000. The total verdict was in the amount of $1,454,064 but was reduced by the Court by 35% due to the jury's determination that Eloise Tyler was 35% comparatively negligent.