October 2009 - Swann Wins Defense Verdict in Coosa County

Coosa County Defense Verdict: A Coosa County jury deliberated for 2 hours after a two day trial. The plaintiff was a passenger in a friend's truck when, as they crossed Highway 280, they were struck by a vehicle traveling anywhere from 70 to 85 mph. The posted speed limit was 65 mph. The plaintiff sustained two fractures to the jaw and the loss of two teeth. The fractures required internal fixation and the plaintiff's mouth was wired together for six weeks. The plaintiff alleged his driver was negligent in failing to yield the right of way to the oncoming vehicle and that the excessive speed of the oncoming driver was negligent.

The jury disregarded the host vehicle driver's Guest Passenger Defense and awarded $59,274.00 in damages. The jury found in favor of the codefendant, represented by Gerald C. Swann, Jr., and did not accept the plaintiff's expert's opinion the accident would not have occurred but for the speed of the driver.