Carolinas Verdicts

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Plaintiff’s failure to yield led to intersection crash: defense

Type:

Verdict-Defendant

State:

South Carolina

Venue:

Cherokee County

Court:

Cherokee County, Court of Common Pleas, Gaffney

Injury Type(s):

back; neck; other-soft tissue; other-chiropractic; other-back and neck

Case Type:

Motor Vehicle – Broadside, Intersection, Multiple Vehicle, Question of Lights

Case Name:

Eddie Lee Foster, Sr. v. Lesa Michelle Humphries,
No. 2017-CP-11

Date:

March 13, 2019

Parties

Plaintiff(s):

Eddie Lee Foster, Sr. (Male, 70 Years)

Plaintiff Attorney(s):

Anna-Karina Parker;
Winter & Rhoden, LLC;
Gaffney,
SC,
for
Eddie Lee Foster, Sr.

Defendant(s):

Lesa Michelle Humphries

Defense Attorney(s):

Chad M. Graham;
The Ward Law Firm, P.A.;
Spartanburg,
SC,
for
Lesa Michelle Humphries

Insurer(s):

Allstate Insurance Co. for Lesa Michelle Humphries

Facts:

On Sept. 16, 2016, plaintiff Eddie Lee Foster, Sr., 70, retired, was operating his vehicle south on Ellis Ferry Avenue. Upon entering the intersection with Floyd Baker Boulevard, he was involved in a collision with a vehicle driven by Lesa Michelle Humphries. There were no witnesses to the motor vehicle collision. Foster claimed he injured his neck and back. Foster sued Humphries, alleging that Humphries was negligent in the operation of her vehicle. Foster alleged that Humphries, who had been traveling westbound on Floyd Baker Boulevard, failed to stop for a red light at the intersection and collided with the front driver’s side of his car. He argued that Humphries failed to pay attention and failed respond to traffic signals. Humphries denied negligence, claiming Foster was the cause of the collision for failing to yield. Humphries claimed the light was yellow and just beginning to turn to red when she traveled through the intersection.

Injury:

Foster was taken by ambulance to a local emergency room with complaints of pain in his neck and back. Foster had X-rays and was discharged. Foster was diagnosed with soft tissue neck and back injuries. He underwent five months of chiropractic care. Foster sought to recover actual damages. The defense did not actively dispute the issue of Foster’s claimed damages and focused on liability.

Result:

The jury found that Foster did not prove by the greater weight of the evidence that Humphries was negligent. A defense verdict was entered.

Trial Information:

Judge:

J. Derham Cole

Trial Length:

2
days

Trial Deliberations:

1
hours

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.