DeShazo v. Cunningham

Case Background

Darla DeShazo filed an auto negligence lawsuit against Susan Cunningham after Cunningham failed to yield right-of-way on a highway in Alabama. The motor vehicle accident lawsuit was filed in the Shelby County Circuit Court, Alabama. Judge Jonathan A. Spann presided over this case. [Case number: 21-900275]

Cause

On January 7, 2020, Defendant Susan Cunningham was driving a 2013 GMC Yukon XL west on Old Highway 280 in rural Shelby County. At the same time, Plaintiff Darla DeShazo approached in the opposite direction, driving a 2013 Dodge Challenger.

Cunningham stopped for a red light at the intersection with C.R. 11 South. After a brief pause, she began making a left turn. Unfortunately, she turned into DeShazo’s path, leading to a collision between the two vehicles.

Injury

DeShazo sustained a mild traumatic brain injury in the crash. She also reported that the accident worsened her pre-existing epileptic seizures, making them more frequent.

Damages

Although DeShazo requested compensation for her pain, suffering, and mental anguish, she did not present her medical expenses as evidence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Darla DeShazo
    • Counsel for Plaintiff(s): Stewart Springer | Bruce W. Romeo, Jr.
  • Defendant(s): Susan Cunningham | Estate for Susan Cunningham
    • Counsel for Defendant(s): Ronald J. Gault

Claims

DeShazo filed an auto negligence lawsuit against Cunningham, accusing her of failing to yield the right-of-way. She claimed Cunningham turned into her path, causing the crash.

Defense

Cunningham died from unrelated causes while the case was ongoing. An estate was opened on her behalf and substituted as the defendant.

The estate did not contest Cunningham’s liability or DeShazo’s claim of a mild traumatic brain injury. However, the defense disputed DeShazo’s allegation that the accident worsened and increased the frequency of her seizures.

Jury Verdict

The case was tried for three days in Columbiana.  During closing arguments, DeShazo asked the jury to award her $469,666. However, on November 20, 2024, the jury returned a verdict in her favor, awarding only $40,000, which was less than 10% of her request. The court entered a judgment for this amount.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com