Montgomery Jury Issues Defense Verdict in Rear-End Collision

A collision occurred in Etowah County, Alabama, when the defendant driver's vehicle rear-ended the plaintiff's automobile. The plaintiff alleged the impact exacerbated prior back injuries, resulting in pain, suffering, medical expenses, and economic loss. He claimed the defendant driver was negligent and wanton, failing to maintain a proper distance and texting while driving at the time of the incident. The plaintiff filed a vehicular liability and breach of contract action in the Circuit Court of Alabama, Sixteenth Judicial District, County of Etowah, naming the defendant driver and his own automobile insurer to claim uninsured/underinsured motorist benefits. The defendant driver denied the allegations. The defendant insurer also denied the claims, asserting affirmative defenses such as contributory negligence, assumption of risk, and failure to mitigate damages. The case proceeded to a jury trial, which concluded with a verdict rendered in favor of the defendant driver. The court subsequently entered a judgment in accordance with the jury's findings.

A 2015 Toyota Tundra, owned by a corporate entity and operated by its driver, collided with the rear of an automobile driven by the plaintiff. The plaintiff alleged that the collision caused serious personal injuries to the neck, back, head, shoulders, legs, and arms, among other areas, and incurred medical expenses and economic loss. The plaintiff contended the incident resulted from the defendants' negligence in vehicle ownership and operation. The plaintiff filed a vehicular liability action against the corporate owner and its driver in the Alabama Circuit Court, Tenth Judicial Circuit, County of Jefferson, Bessemer Division, alleging negligence and vicarious liability. The defendants denied the claims, asserting affirmative defenses including failure to state a claim, no entitlement to damages, and failure to mitigate damages. Experts, including a chiropractic medicine specialist and a law enforcement officer for the plaintiff, and a pain medicine expert for the defendants, were involved in the case. After a jury trial, the jury awarded the plaintiff $1,500,000. The Circuit Court subsequently entered judgment in favor of the plaintiff and against the defendants.

A helicopter operated by the defendant company crashed on March 26, 2016, killing a 38-year-old flight nurse and other crew members. The defendant's Eurocopter AS350-B2 departed from a regional medical center after loading a patient from a motor vehicle accident on a county road. Upon lift-off, the aircraft encountered fog, mist, and reduced visibility, climbing vertically into a cloud layer approximately 150 feet above ground level before disappearing. Authorities later located the wreckage in a swampy, heavily-wooded area. A preliminary report by the National Transportation Safety Board indicated the helicopter was not certified to fly in the inclement weather conditions present at the time. The plaintiff, representing the deceased flight nurse, filed a negligence claim against the helicopter company, alleging its actions caused the crash and death. The defendant denied the allegations and disputed the plaintiff's claimed damages. The parties ultimately reached a pre-suit settlement of $5,000,000 to resolve the claim.