News
3/8/2007 - Plaintiffs' Obtain Jury Verdict Below Offer
EUFAULA--Obra and Velisa Hogan were traveling through Eufaula, Alabama on their way home from visiting relatives in Florida over the Thanksgiving weekend on November 30, 2002. There were driving a 2000 Mercedes 430. Roy Reynolds and his wife and dog were traveling through Eufaula at the same time. The Reynolds were returning to their home in North Carolina. Roy Reynolds testified that the Hogans had passed him and pulled into the right hand lane of U.S. Hwy 431 (Eufaula Avenue) about a half mile before the collision. Mr. Reynolds testified that he was leaving downtown Eufaula and the speed of the traffic had picked up to about 45 mph (The speed limit was 50 in the area), when the Hogans vehicle came to an abrupt stop as the vehicle in front of them stopped. Roy Reynolds slammed on brakes but was unable to stop before striking the Hogans' vehicle in the rear with his 2000 Mitsubishi Montero.
Mr. and Mrs. Hogans declined an ambulance at the scene but drove themselves to the ER in Eufaula. Other than a slight reversed lordosis on Mrs. Hogans, the x-rays were unremarkable. The Hogans were given medication and were released. Mr. Hogans drove them back to the Atlanta area that evening. The Hogans followed up with their family doctor six days after the accident. Mrs. Hogans was prescribed physical therapy but quit going after about six visits because she said it was not helping. Three weeks after the accident, Mrs. Hogans began seeing Dr. Evans, a chiropractor in Atlanta. Mr. Hogans also began seeing Dr. Evans shortly thereafter. Mrs. Hogans saw the chiropractor 30 times and Mr. Hogans saw her 35 times. Dr. Evans, the chiropractor, testified by way of video deposition that both of the Hogans were in pain and that their activities were fairly seriously limited as a result of their injuries. Dr. Evans did acknowledge that after five and six months respectively, the Hogans were pain free with no residuals. Mrs. Hogan's bills totaled $5517. Mr. Hogans bills totaled $5743. The plaintiffs were represented by Jody Stewart of Montgomery and Lynn Jinks of Union Springs, Al. The plaintiffs asked the jury to return a verdict in the amount of $74,000 for each of the plaintiffs. After two and a half hours and some disagreement, the jury returned a verdict in favor of Mrs. Hogans in the amount of $7500 and a verdict in favor of Mr. Hogans in the amount of $7,000. Both of the Hogans had been offered $10,000 to settle prior to trial.
Mac Freeman and Ron Davenport tried this case for RSJG.
Obra and Velisa Hogans v. Roy Reynolds, CV-04-220, Circuit Court of Barbour County, Eufaula Division.