In the case of Charles McLeod v. John Pittman & Coastal Communications tried in the Circuit Court of Mobile County, Alabama, ADLA members Jeffrey Luther and Gaillard Ladd of the Mobile law firm of Luther, Collier, Hodges & Cash, LLP obtained a verdict for their clients in this motor vehicle accident case in which the defendant had become distracted from the roadway when he dropped his cell phone and rear ended the plaintiff who was stopped at a traffic light. The plaintiff was claiming permanent and disabling injuries to his neck back and legs.
The defense accepted responsibility for the accident, but disputed that the impact caused the damages asserted by the plaintiff. Defense counsel argued that the medical testimony only established that the accident could have been a cause of some aggravation of a pre-existing condition but that the same could not be quantified and therefore would be speculative and that the plaintiff therefore could not meet their burden of proof.
After approximately 45 minutes of deliberation, the jury returned a verdict in favor of the defendant.