Price v. Acer Landscape Services

Case Background

On July 08, 2024, Kenneth Price filed a personal injury case against Acer Landscape Services after an employee collided with Price’s van. The case was filed in Tennessee 2nd Circuit Court, Davidson County. Judge Amanda McClendon presided over this case. [Case number: 22C1371]

Cause

Kenneth Price, a 55-year-old handyman, ran a company called Handyman Extraordinare. He tackled various tasks, including drywall, blind installation, and faucet replacement.

On July 19, 2021, Price headed to work as usual. He stopped at a gas station for cigarettes, snacks, and water. He parked his plain white van, which was his work vehicle, in the gas station lot. Meanwhile, Albert White was driving a landscaping truck for his employer, Acer Landscape Services.

While attempting to avoid a curb, White misjudged his maneuver and backed into Price’s parked van. The collision was minor, causing only damage to the trailer hitch on Price’s van. Price stepped out of his vehicle as White approached. White asked, “What the eff?” Price, annoyed, responded, “What the eff? You’re the one who hit me.”

They resolved the situation on-site, exchanged phone numbers, and ended their interaction with a fist bump. The low-speed accident was recorded on surveillance video.

Injury

However, since the accident, Price has had to receive treatment for radiating neck pain. Dr. Joseph Blythe, his orthopedist, attributed the pain to the worsening of a degenerative cervical condition. Blythe predicted that Price would probably need repair surgery, which could cost up to $150,000.

Damages

In this personal injury lawsuit, Price pursued damages from Acer Landscape. He aimed to recover medical expenses and future medical costs if he won at trial. Additionally, Price sought non-economic damages across five different categories.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Kenneth Price
    • Counsel for Plaintiff(s): J. Thomas Mihalczo, III | Brandon E. Bass
    • Experts for Plaintiff(s): Dr. Joseph Blythe
  • Defendant(s): Acer Landscape Services
    • Counsel for Defendant(s): Britton J. Allan | Hayley E. Vos
    • Experts for Defendant(s): Dr. David West

Claims

The Plaintiff claimed that due to the accident, his degenerative condition was aggravated and he now has a forever neck injury. He claimed damages to compensate for his future medical expenses and loss of earning capacity.

Defense

Acer Landscape argued that the collision was too minor to have caused any serious or permanent injury.

Expert Testimony

Price presented Dr. Joseph Blythe, an orthopedist, who attributed the pain to the worsening of a degenerative cervical condition. Blythe predicted that Price would probably need repair surgery, with estimated costs up to $150,000.

Acer, on the other hand, presented Dr. David West, an orthopedic specialist from Nashville, who conducted a defense Independent Medical Examination (IME). He concluded that Price had only a temporary soft-tissue injury, which should have healed within three months. Additionally, Dr. West explained that Price’s persistent symptoms were due to a pre-existing severe degenerative disc disease, as shown by post-crash imaging.

Jury Verdict

The personal injury trial lasted three days. On January 31, 2024, the jury awarded Price $25,105 for medical bills and an additional $200,000 for future medical expenses. They also granted $325,000 for lost earning capacity.

Next, the jury addressed non-economic damages across five categories. They awarded $39,000 each for both past and future pain and suffering, though the exact reasoning for this amount was unclear. They also granted $25,000 each for past and future loss of enjoyment of life, as well as permanent injury. The total non-economic damages amounted to $153,000. Including all elements of damages, the final verdict for Price was $703,105.02. The court entered a consistent judgment.

Post-trial Motions

On March 01, 2024, Acer filed a motion for remittitur. Acer Landscape first argued that lost earning capacity should not have appeared separately on the verdict form. They claimed that Price had not included this claim in his amended complaint and that the verdict form had already been agreed upon by both parties. Moreover, Acer Landscape contended that there was no competent evidence to support the $325,000 claim for lost earning capacity. They argued that this amount was solely based on Price’s own testimony, which only suggested that he worked slightly slower.$703,105.02

Following the Court’s Order on May 13, 2024, Kenneth Price accepted a remittitur for the loss of earning capacity award. He agreed to reduce the award from $325,000 to $0.00. Consequently, the total damages awarded decreased from $703,105.02 to a net award of $378,105.02.

Court Documents:

Available upon request