Trials & Civil Litigation

John Fleming represented a vehicle repair shop that held a vehicle in storage outside overnight, and the vehicle experienced damage.  The vehicle owner sued the repair shop under a bailment theory, since the vehicle was returned in damaged condition to the owner.  John achieved a not guilty ruling in favor of the repair shop, as plaintiff failed to prove the case.  

John Fleming defended a private golf course arising out of an incident where a golfer fell out of a golf cart and suffered injury. The trial court held that the golf course owner was not responsible for a defect on a golf cart owned by a private person using the golf course, and dismissed the claims arising out of a defective golf cart vehicle.

Abigail represented a father and son as Defendants in case where Plaintiff claimed personal injuries resulting from a motor vehicle accident. Plaintiff brought claims of Negligent Entrustment against the father, and claims of Negligence against the son (driver of the vehicle). The Court granted Abigail's Motion for Directed Verdict against the father after the close of evidence. The jury then returned with a "Not Guilty" for the Defendant-driver. This was a complete success for all Defendants involved.

Abigail represented a Defendant-driver in a case with multiple Plaintiffs, including minors, involved in a motor vehicle accident. Plaintiffs received a direct referral by their attorneys to be treated by a spinal clinic for neck and back injuries. Bills were quite high and unreasonable for the soft tissue complaints. The case went to trial before a 12-person jury. The jury came back with ER bills only for the minor children and cut the bills for the adult Plaintiffs to only ER plus a nominal portion of the neurologist and PT billing, based on the defense's arguments on disputed charges. This case was a success for the defense.

John represented a Defendant-driver in a motor vehicle accident with minimal vehicle damage. Plaintiff had no shoulder complaints on the date of loss reported to emergency room staff. Much later, Plaintiff reported issues with one shoulder, then the other, leading to four shoulder surgeries. The medical for the shoulder was contested through trial. The defense presented a biomechanical expert to testify that the shoulder injuries were inconsistent with the body movements of the Plaintiff in her vehicle during the accident. The case went to trial before a 12-person jury. The jury came back with ER bills only for the Plaintiff. The jury did not award shoulder surgery care.

Abigail Fleming had a jury trial involving an minor rear-end automobile collision. Plaintiff's initial care was only reporting neck pain, with multiple neurosurgeons and orthopedic surgeons evaluating the patient indicating no surgical recommendations to address the complaints. However, Plaintiff claimed she could not work much following the accident and could not drive due to range of motion limitations. She was sent for expert evaluation by another orthopedic surgeon who did not recommend surgery and cleared her for returning to driving and work. After a break in care of over a year, Plaintiff started new complaints for claimed low back pains and foot drop issues.  Plaintiff's retained expert recommended two surgeries and permanent disabilities. Plaintiff requested $400,000+ from the jury. The case was brought before a 12-person jury who returned a defense-value verdict of $50,000.

Abigail represented a construction and remodeling company in a construction dispute case, which resolved via bench trial. Plaintiff brought claims under Consumer Frauds Act, among other claims. The Consumer Frauds Act claim was dismissed, and the remainder of the case came to resolution with an amount lower than the negotiated demands prior to trial.

John represented a delivery-service employee working for a large company, when he was involved in an accident with a motorcycle. Witnesses supported a claim that the Plaintiff was speeding in the operation of his motorcycle. After being asked by Plaintiff to award of over $750,000, the jury awarded only tiny percentage of Plaintiff's requests in the verdict.  The jury also assessed a liability split with 40% on the liability on Plaintiff. 

Abigail and co-counsel represented a local nursing home for defense on claims brought on behalf of a deceased patient for Wrongful Death and Nursing Home Care Act. The case involved complex medical conditions, medication issues, and competing expert opinions. The jury returned a Not Guilty on the Wrongful Death Count, and a very low verdict on the Nursing Home Care Act Count. The verdict totaled less than a quarter of what Plaintiffs asked for from the jury.

Tom Norman completed a jury trial in Tazewell County involving a motor vehicle accident in winter snow conditions, where Defendant applied her brakes, unable to stop due to ice. Plaintiff had no repairs performed to her vehicle, as damage was very minor. Plaintiff claimed head pain and headaches as the primary source of the bills, but also had spinal and nerve-related complaints. She underwent specialist care for headaches, including care with a TMJ and facial pain clinic, as well as a specialist headache clinic that ran a number of rounds of testing and in-patient stays at hospitals due to headaches. Plaintiff complained headaches permanently affecting her daily life. The 12-person jury returned a defense-verdict, resulting on Defendant paying zero.