Wednesday, Nov 4th, 2015
Chris Hume and Jim Koch obtained a verdict in favor of a commercial truck driver and his company after a seven day jury trial in Monroe County, Alabama. The 72 year old plaintiff alleged that the defendant was negligent and wanton for attempting to pass the plaintiff in a no-passing zone and failing to keep a proper lookout while distracted by a diagnostic tool in the cab of his Freightliner. In the ensuing collision, the plaintiff, ejected from his pick-up truck, suffered a traumatic brain injury and fractures of his clavicle, scapula, ribs, spine, skull and jaw and was LifeFlighted from Monroeville to Mobile. Plaintiff’s wife claimed a loss of consortium. Defendant successfully asserted a defense of contributory negligence based on plaintiff’s failure to yield the right-of-way by pulling out in front of the defendant causing the defendant to take evasive action to avoid rear-ending the plaintiff. Plaintiffs’ counsel asked for a verdict of $1,335,821 on the negligence and wantonness counts in closing argument. The jury returned with a defense verdict in a little over an hour.