Truck Accident Attorneys Win $3.5 Million Jury Verdict in Jackson, Michigan

Farmington, MI (PRWEB) December 18, 2010

Truck accident attorneysSteven Gursten and Thomas James received a $3.5 million jury verdict on Dec. 15. This was only for the pain and suffering of a 56-year-old man involved in a truck accident, with a corporate defendant. It is said to be the highest Jackson jury verdict for an auto accident case.

James William Fairley and Kim Fairley v. Schiber Truck et al (Docket No. 08-2759-NI) was an eight day civil trial in Jackson County Circuit Court, before the Hon. Thomas Wilson.

Gursten, partner of Farmington Hills-based Michigan Auto Law, said Zurich Insurance Company, the defendant's insurance, took the position that the "conservative" Jackson County jury would not award significant pain and suffering damages, and essentially forced the truck accident case to trial.

In the accident, the plaintiff's mini-van was rear-ended by the defendant's truck and pushed into another oncoming semi-truck, causing James Fairley's injuries, which included traumatic brain injury, depression and two fractured vertebrae.

Gursten said he and James argued “chronic pain syndrome” throughout the trial. They tactically waived an excess economic loss claim, where the plaintiff was on Social Security Disability, so there would be no collateral source reductions from the verdict amount. The parties agreed to waive appeal in exchange for plaintiffs agreement on the last day of trial to cap the verdict at the defendant's insurance policy limits, Gursten added.

Gursten noted that Zurich Insurance Company switched trial counsel and requested a second facilitation with the plaintiff in an attempt to settle the case in "good faith." At the second facilitation, Chet Andrews, a senior claim representative from Zurich Insurance Company, announced that this case would never settle with anything other than a defense win, Gursten said.

Steven Gursten is available for comment.

About Michigan Auto Law:
Michigan Auto Law is a third-generation firm with 19 attorneys specializing in helping people who have been seriously injured in car, truck and motorcycle accidents throughout the state. The firm has received the top-reported jury verdict for automobile accident cases for six of the past nine years, according to published reports from Michigan Lawyers Weekly. Michigan Auto Law is headquartered in Farmington Hills at 30101 Northwestern Highway. The firm also has offices in Detroit, Ann Arbor, Grand Rapids and Sterling Heights. For more information, visit http://www.michiganautolaw.com.

About Steven M. Gursten: Steven M. Gursten is recognized as one of the nation’s top experts in serious car and truck accident injury cases and automobile insurance No-Fault litigation. He is past president of the American Association for Justice Truck Litigation Group, and represents Michigan on the board of governors for the Association of Plaintiff Interstate Trucking Lawyers of America. Steve was named a Michigan Lawyers Weekly Leader in the Law for his efforts in promoting national truck safety, and has received the largest jury verdicts in Michigan for truck accident cases, according to published reports by Michigan Lawyers Weekly.

About Thomas W. James: Thomas W. James is a tenacious trial attorney who has earned many sizable verdicts and awards for his clients. Tom is a member of the American Association for Justice, the Michigan Association for Justice, the Wayne County Bar Association and the Washtenaw County Bar Association.

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