"Phantom" vehicle makes abrupt U-turn: Uninsured motorist: Wantonness: Abdominal injuries: Leg, hip injuries: Burns: Verdict

Law Reporter, Nov 2004

Davenport v. Travelers Cas. &Sur. Co., Ala., Jefferson County Cir. Ct., No. CV 01-6461, Dec. 4, 2003.

Davenport, 30, was driving his employer's van when a "phantom" vehicle made an abrupt U-turn, causing a truck in front of Davenport's vehicle to jackknife. Davenport's van struck the truck.

Davenport suffered severe abdominal injuries requiring surgical removal of part of his bowel and appendix, a dislocated hip, a knee fracture, abdominal burns, and head lacerations. His past medical bills and temporary disability benefits were paid by workers' compensation. A plumber's apprentice earning approximately $31,000 annually, Davenport has been unable to return to work.

Davenport and his wife sued his employer's uninsured motorist insurance provider, alleging that the driver of the "phantom" vehicle was an uninsured motorist under the definition in the insurance policy. Plaintiffs alleged the driver had been wanton in making the abrupt U-turn. Davenport's wife alleged loss of consortium.

A jury awarded plaintiffs approximately $4.86 million, including about $4.61 million to Davenport and $250,000 to his wife for loss of consortium.

Plaintiffs' experts were James Stannard, orthopedic trauma; Sherry Melton, surgery trauma; Fred Johnson, economics; Virginia $pruce, vocational rehabilitation; and Steven McMeekin, workers' compensation law, all of Birmingham, Ala.

Plaintiffs' Counsel

*Stevan K. Goozee, Birmingham, Ala.

* Lawrence T. King, Birmingham, Ala.