STATE COURT OF BIBB COUNTY

CIVIL JURY VERDICT REPORT

PLAINTIFF:            Betty Taylor 

DEFENDANTS:     John A. Page, Jr. and John A. Page, Sr.

CASE NUMBER:   53533

JUDGE:                   William P. Adams

TYPE OF CASE:    Boating Incident - May 28, 2001

VERDICT:              Defendants

TRIAL DATE:        December 13-15, 2004

CLAIMED MEDICAL EXPENSES:       Past-   $24,726.54    Future-    $19,526.00

CLAIMED LOST WAGES:                     Past-   $30,800.00    Future-    $334,612.00

INSURANCE CARRIER(S):                   Cotton States Mutual Insurance Co.

                                                                  State Farm Fire and Casualty Insurance Co.

                                                                  USAA Insurance Co.

LAST PRETRIAL OFFER/DEMAND:   $150,000/$400,000.

PLAINTIFF'S ATTORNEYS:                 Michael Goldberg and Michael Rosenbloum

DEFENDANT'S ATTORNEYS:             Jay Traynham and Thomas Alexander

OTHER INFORMATION:

           Page, Jr., hosted an office party on Memorial Day at his father’s place at Lake Sinclair. Page, Sr., gave consent to his son to use his boat during the party. Plaintiff sustained a severe laceration to her right thigh after she fell from the back of the boat as she was trying to enter the boat from the rear after tubing. Everyone agreed the boat motor was on at the time of the incident, and Plaintiff contended the injury was the result of a moving propeller. Page Jr., the operator of the boat, testified the boat was in neutral, but Plaintiff contended there was a malfunction which caused the prop to be turning. Plaintiff contended there was negligence due to the boat not being turned off and also due to the malfunction in the throttle. The defense theory was that the propeller was not turning and that the injury occurred as a result of Plaintiff striking some other part of the lower unit of the motor meaning it did not matter whether the motor was on or not. Plaintiff was a hairdresser who alleged substantial lost income as a result of her inability to do as many haircuts each day. Plaintiff’s case consisted of thirteen witnesses, including both Defendants on cross, the game warden from the Department of Natural Resources by video tape, two medical doctors by video tape, a boating expert, four before and after witnesses, her friend who was present at the time of the incident and could also testify about the effect of the injury on Plaintiff, Plaintiff’s own testimony, and finally the testimony of Dr. Frances W. Rushing, an economist. Defendant’s case consisted of the testimony of Defendant John Page Jr. and Pres Haslem, who works at the marina where the boat was stored and maintained. Mr. Haslem also had responded to the scene of the event shortly after it happened. Mr. Haslem offered expert opinions concerning the operation of the boat and a possible cause of the injury. The Court granted a directed verdict to Plaintiff at the conclusion of the case as to any possible negligence on the Plaintiff’s part. During the trial the parties entered into a high/low agreement of $400,000/$150,000.