$3M verdict awarded by Greene County jury
After more than six years of litigation, a Greene County jury returned a $3 million verdict against Tomlin Construction, LLC, of Gordo, on Thursday, Sept. 29.
The case stems from an accident in June 2010, when the driver of a Tomlin Construction motor grader blocked the northbound lane of U.S. Hwy. 43 in Forkland without lights. Greene County resident Eduard Kennedy, now 27, was injured when the driver unexpectedly made a hard left turn striking the minivan that Kennedy was driving.
Kennedy and four friends were on their way to Birmingham to register at Miles College when he attempted to pass the road obstruction. Two of the passengers were seriously injured in the accident as well.
Kennedy’s jaw was broken in two places, and he suffered a shattered right femur which required a steel rod to be inserted from his hip to his knee in reconstructive surgery. He still has problems walking.
Kennedy was represented by attorneys Tom Perry and Hunter Compton from the firm of Manley, Traeger, Perry, Stapp & Compton of Demopolis, and attorney John Stamps of The Black Belt Law Center in Bessemer.
“The defendants tried to control and manipulate evidence to make it look like Mr. Kennedy caused the accident,” said Perry. “I am proud this jury was able to see through the smoke screen to get to the truth.”
Eddie Hardaway, 17th Judicial Circuit Judge, presided over the four-day trial.
“[Judge Hardaway] did an excellent job of requiring the defendants to adhere to the evidence and the rule of the road laws of Alabama,” said Compton. “Alabama law allows drivers with a clear view of oncoming traffic to pass an obstruction by crossing a double yellow line.”
“I am really pleased that Mr. Kennedy was finally able to have his day in court and received justice in this case,” said Stamps.