Jury Finds for Plaintiffs

A civil trial by jury took place last week in the Superior Court of Jasper County with Judge William A. Prior Jr. presiding. The jury found in favor of Plaintiffs Michael Roberts Sr. and Floyd Roberts, versus Defendants John Criswell, Ed Lewallen and Ed Lewallen Services of Shady Dale, and awarded the plaintiffs $135,000 in damages.

The lawsuit came as a result of an automobile accident that occurred on March 11, 2004, when the plaintiffs were stopped on Hwy. 81 at the intersection with Wade Street in the city of Oxford, waiting for the vehicle in front of them to turn, when the vehicle Mr. Criswell was operating struck them in the rear.

At the time, Mr. Criswell was acting in the scope of and in furtherance of the business of Ed Lewallen Services, and by virtue of the doctrine of respondeat superior, Mr. Lewallen and his business was liable for the negligence of his employee.

The plaintiffs claimed medical expenses in excess of $3,000 each, lost time from work, continued endurance of pain and suffering, and asked for judgement for special and general damages to be determined by a jury.

Judge Prior reduced the $135,000 award by the amount of $48,997, which had been previously paid by an insurance company on behalf of the defendants.

He also reduced another small amount to bring the award in line with the limit on the maximum recovery by stipulation, making the final judgement against the defendants $85,498, to be paid by an uninsured motorist carrier.