Baldwin County

(4) DAVID LEVI PARKS, JR. and JERRI AMEE PARKS vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and ALFA MUTUAL INSURANCE COMPANY (Circuit Court of Baldwin County, Alabama)

County/Docket #/Judge: Baldwin / 05-CV-2016-901279 / Scott P. Taylor

Plaintiff(s) Attorney(s): Bryan E. Comer of Tobias, McCormick, et al., Mobile, AL

Defendant(s) Attorney(s): Mark R. Ulmer of Ulmer, Hillman, et al., Mobile, AL, for State Farm Mutual Automobile Insurance Company; Faith A. Nixon of Carr Allison, Daphne, AL, for ALFA Mutual Insurance Company

Age/Sex/Occupation Of Plaintiff: David Levi Parks, Jr.: n/a / M / n/a; Jerri Amee Parks: n/a / F / n/a

Cause Of Injury: Negligence/Motor Vehicle Collision/Uninsured/Underinsured Motorist Benefits/One-Car Accident Caused by Phantom Vehicle. Plaintiffs David Levi Parks, Jr., and Jerri Amee Parks, a married couple, filed suit on Nov. 10, 2016, against defendants State Farm Mutual Automobile Insurance Company and ALFA Mutual Insurance Company, both of which had issued policies to David Parks. Plaintiffs alleged that on July 11, 2016, while David Parks was driving on I-10 westbound in Baldwin County, AL, a phantom vehicle suddenly swerved in front of him, causing him to run off the road to avoid a collision. David Parks’ vehicle then rolled multiple times down an embankment and struck several trees, causing him to suffer injuries that included a fractured jaw, fractured ribs, a fractured hip, and a fractured femur. He sought uninsured/underinsured benefits from defendants. Jerri Parks sought damages for loss of consortium.

Defendants contended that David Parks fell asleep at the wheel of his truck and drifted off to the shoulder, then turned sharply to the left when he realized where he was, overcorrecting and causing his truck to overturn.

Nature Of Injury: Personal injuries including fractured jaw, fractured ribs, fractured hip, and fractured femur; pain and suffering; loss of consortium.

Expert Witnesses:
Plaintiff's:
n/a

Defendant's:
Larry Dewberry, Accident Reconstruction, Panama City, FL

Verdict: $1,176,530.39 for Plaintiffs on Oct. 4, 2018 ($1,085,280.39 – David Parks; $91,250 – Aimee Parks).

Judgment: $1,176,530.39 for Plaintiffs on Oct. 4, 2018.