STATE COURT OF BIBB COUNTY

CIVIL JURY VERDICT REPORT

PLAINTIFF: Arthur Daniely

DEFENDANTS: William Michael Davis, Jr. and William Michael Davis, Sr.

CIVIL ACTION NO.: 60000

JUDGE: William P. Adams

TYPE OF CASE: Motor Vehicle Collision of January 13, 2005

VERDICT: Plaintiff, $175,000.00

TRIAL DATE: October 1, 2007

CLAIMED MEDICAL EXPENSES: $20,753.00

CLAIMED LOST WAGES: $3,248.00

INSURANCE CARRIER: Kemper Insurance Company

LAST PRETRIAL OFFER/DEMAND: $42,500.00/$85,000.00

PLAINTIFF'S ATTORNEYS: Sam Rumph and J.A. Powell, Jr.

DEFENDANTS’ATTORNEY: Nicholas Garcia

OTHER INFORMATION:

Plaintiff was driving his pick-up truck westbound on Thomaston Road on January 13, 2005, between 7:00 and 7:30 a.m. As he approached the intersection with Unaliyi Trail, the exit from Lake Wildwood, he saw a Honda Civic driven by William Davis, Jr., who was stopped at the stop sign before attempting to enter Thomaston Road. Mr. Davis pulled out just before Plaintiff reached the intersection and caused a collision which resulted in substantial damage to both vehicles. Mr. Davis was driving a vehicle owned by his father, and the parties agreed the Family Purpose Doctrine applied here. Plaintiff was taken by ambulance to the emergency room at the Medical Center of Central Georgia. He was admitted to the hospital and discharged the next day. He later had physical therapy prescribed by his personal physician, Dr. Ralph Austin. He testified he was continuing to have problems from the injuries suffered in this accident. The defense contended it was a foggy morning to the point Mr. Davis could not see Plaintiff approaching before he pulled out into the intersection. The jury was charged on comparative negligence. Plaintiff’s case consisted of the videotaped depositions of Dr. Ralph Austin and the emergency room physician, Dr. Lloyd Harrington. In addition, the jury heard testimony from the Plaintiff, the Plaintiff’s wife, the Plaintiff’s son, a fellow employee, and another friend. Several of these witnesses were before and after witnesses. The defense case consisted of the testimony of Mr. Davis, Jr. The jury deliberated about thirty-five minutes before returning its verdict. Plaintiff had made a demand under the unliquidated damages statute for $150,000.00 and was thus entitled to pre-judgment interest in the amount of $33,723.95 as a part of the judgment.