April 2006 - Favorable Verdict in Underinsured/Guest Statute Case

A Lee County jury rendered a verdict in a "guest statute" case in Opelika, Alabama.  The Plaintiff was riding in a car driven by her friend, whom the jury concluded ran a traffic light.  The Plaintiff sustained a basilar skull fracture, a wrist fracture, a comminuted scapular fracture and other injuries.  The medical bills totaled more than $90,000 with a subrogation amount in excess of $50,000.  The driver's insurance carrier tendered its limits of $100,000, and the underinsured motorist carrier consented to the settlement and defended the case as a named Defendant. 
Prior to trial, the Defendant's insurer obtained judgment as a matter of law that the Plaintiff was a "guest" as defined under Alabama's Guest Statute.  The jury returned a total verdict of $130,000 for the injured Plaintiff and her husband.  After applying the setoff of the $100,000 paid by the driver's insurer, the resulting verdict for the Plaintiffs was $30,000.  Jim Rives represented the Defendant's insurer.

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