Thomas Greer, partner at Bailey & Greer, has secured a jury verdict of $2,519,772 on behalf of a client who was catastrophically injured in a truck crash. Mr. Greer was hired just two weeks before trial to be the lead trial attorney in the case. Mr. Malone’s case had been handled by another firm for several years, but they called on Mr. Greer to be the lead trial lawyer due to his vast experience and success in the courtroom. After a five-day trial, the jury returned a verdict of $2,519,772. The pre-trial offer was $350,000.
Julius Malone and Margaret Malone v. ASF Intermodal, LLC
On September 4, 2015, an ASF Intermodal truck driver side swipes Mr. Malone on I-240, near the Lamar Avenue exit, causing Malone to spin across traffic. Malone is then hit by an F-150 truck and a full-sized van. Despite the multiple collisions, Malone is able to drive his car home and does not request an ambulance.
Later that day, his wife takes him to the ER and he reports leg pain. A few days later, he begins receiving physical therapy treatment for low back pain at a local clinic. After a month he is released.
A month later he reports to the VA hospital with back and leg pain. An MRI is done and reveals degenerative changes and a disc protrusion in his low back. No further treatment is ever sought for the back injury, but Malone is in constant pain in his back and left leg. He can no longer work due to the pain and limited mobility.
Shortly after the wreck, Malone’s friends and family noticed personality changes and memory problems. Malone was depressed, anxious, and paranoid. Almost two years after the wreck, Malone was evaluated by a neurologist and neuropsychologist, who opined that he suffered a mild traumatic brain injury. Beyond these two doctor visits, Malone had no other treatment for the brain injury.
ASF hired a slew of experts to testify that Malone did not receive any serious injuries from the wreck and that his health problems were unrelated. Malone suffered from peripheral artery disease and underwent several surgeries for this condition after the wreck. ASF claimed this was the reason Malone could not work.
ASF Intermodal denied responsibility for the wreck until just a few days before trial but ASF’s lawyer told the jury they had accepted responsibility “from day 1.” Mr. Greer was able to expose the trucking company’s misleading trial tactics.
The verdict provided $375,000 for loss of earning capacity, $400,000 for future medical expenses, $4,772 for property damage, and $1,740,000 for non-economic damages of pain and suffering, loss of enjoyment of life, permanent injury, and loss of consortium.