Monday, September 11, 2006

Verdicts & Settlements:

$1 million for injured shoulder in Columbus

Michelle Tolbert Grimes, a 31-year-old Columbus woman injured in a head-on collision was awarded $1 million by a Muscogee County jury for injuries that resulted when Helen G. Calhoun turned her car in front of Grimes’s at an intersection. The 2002 accident sent Grimes to the hospital with an injured rotator cuff that eventually required shoulder surgery.

During a day-and-a-half trial before Muscogee County Superior Court Judge John D. Allen, the jury heard testimony that Grimes would likely need more surgery, said John T. Martin of The Martin Firm, LLP of Columbus, who represented the plaintiff along with Ben B. Philips of Philips and Branch.

“She’ll face future problems, more arthroscopic surgery and possibly a shoulder replacement,” said Martin. The defense “tried to put on a case of contributory negligence,” he said, “and the police investigator testified that that wasn’t the case.”

The plaintiff offered to settle for $500,000 “several times” during trial, he said, but was rebuffed. Defense attorney David Walter Wallace of Atlanta’s Clifton Lee & Associates, hired by Encompass Insurance on Calhoun’s behalf, could not be reached.

Martin said that the jury was out for about an hour before awarding $1 million in compensatory damages plus legal fees.

The case was Michelle Tolbert Grimes v. Helen G. Calhoun (No. SU04CV3758, Muscogee Sup., Aug. 22, 2006).
 

 

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