Date: 10-24-2009

Case Style: Debra Thornton v. Jesus Herrera

Case Number:

Judge:

Court: Hall County, Georgia

Plaintiff's Attorney: Frank McKay, Stewart, Melvin and Frost, Gainesville, Georgia

Defendant's Attorney:

Description: Debra Thornton, age 57, sued Jesus Herrera on an auto negligence theory claiming that she sustained debilitating ankle injuries as a result of an car wreck caused by Herrera who was drinking while drunk on January 31, 2007. Herrera ran into the back of another car propelling it into the path of Thornton's car, which was traveling in the opposite direction.

Herrera pleaded guilty to DUI, serious injury by vehicle and other offenses and was sentenced to five years in prison followed by five years of probation.

The case was tried on the issue of damages only with Thornton's uninsured motorist carrier contesting the amount of her damages.

Outcome: Plaintiff's verdict for $166,000.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Plaintiff's counsel was reported to have said that Herrera had a minimum liability ($25,000) insurance policy.