A recent Clinton County jury trial involving a vehicle accident resulted in a verdict in favor of the defendant. The case of Stevenson vs. Stabley was defended in September of 2009 by Mitchell Gallagher lawyer Gary Weber. The Honorable Michael Williamson was the trial judge.
The case involved a minor impact between two vehicles on a narrow country road. Defendant did not contest that he was negligent, as he crossed the center of the road while reaching to catch a falling cup of coffee.
Plaintiff claimed that he injured his right shoulder when his vehicle was sideswiped. He was treated for the pain and impingement and, eventually, arthroscopic surgery was performed.
At trial, the defense proved that plaintiff had pre-existing arthritis in the shoulder. The implication was that the impingement and other aches and pains were degenerative and not related to accident. The jury apparently agreed with the defense view. After briefly deliberating, the jury found that, despite the admission of negligence, the complaints of plaintiff were not related to the accident. Since there was no causation, a defense verdict was issued.
The case was not appealed. Interestingly, the jury trial was an appeal of an arbitration where 3 attorneys had found both causation and damages.