Phillips v. Musso

On June 26, 2024, the Alabama jury delivered a $105k verdict in favor of Erwin Phillips who was severely injured in a motor vehicle accident caused by the negligence of a minor driving a pickup truck.

Case Background

Plaintiffs Erwin and Ellen Phillips filed an auto negligence lawsuit against a minor before the Alabama, Jefferson County, 10th Judicial Circuit Court. Judge Jim Hughey III presided over this case. [Case number: 21-901272]

Cause

On the morning of December 10, 2019, Erwin Phillips, a local pastor, drove a 2017 Toyota Camry north on Chalkville Mountain Road in Trussville. His wife, Ellen Phillips, rode with him as the front-seat passenger.

Meanwhile, John Musso, a minor, drove a 2003 Chevrolet Silverado pickup truck from the opposite direction. Erwin stopped at a red light at the intersection with Service Road. When Musso reached the intersection, he entered the left turn lane.

When Erwin’s light turned green, he entered the intersection. As he did so, Musso attempted a left turn and crashed into Erwin’s driver’s side door. The collision caused Erwin’s car to spin and come to a stop off the road.

An ambulance transported Erwin from the scene to a local hospital, where he received treatment for various injuries.

Injury

Erwin Phillips sustained a deep cut to his left leg and multiple hairline fractures in his ribs. Following the crash, doctors diagnosed Erwin with a torn rotator cuff and a loosening of the hardware from a prior hip implant. He linked both injuries to the accident. Both the rotator cuff injury and the hip issue required surgical repairs. His wife, Ellen Phillips, was also injured, though not as severely as her husband.

The Plaintiffs sought general damages from the Defendant. Erwin’s billed medical expenses reached $324,051. However, all but $23,211 of this amount was written off. Ellen’s medical expenses exceeded $8,000.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Erwin Phillips | Ellen Phillips
    • Counsel for Plaintiff(s): Erby J. Fischer | Victoria Dye | Jake Patrick Jondle
  • Defendant(s): John Musso
    • Counsel for Defendant(s): Marie Treubig Prine | Jacob T. Norwood

Claims

Erwin and Ellen filed an auto negligence lawsuit against Musso. They held him responsible for the crash and claimed that Musso’s recklessness and negligence caused their injuries and damages.

Defense

Musso initially denied negligence and filed a counterclaim against Erwin. Eventually, Musso withdrew his counterclaim and settled with Ellen, leading her to dismiss her claim.

The litigation continued solely on Erwin’s claim. Musso abandoned his initial defense and admitted fault for the crash. His defense then focused on denying that the crash caused Erwin’s claimed injuries.

Therefore, the trial addressed only two issues: whether the crash caused Erwin’s injuries and the extent of any damages resulting from the crash.

Jury Verdict

On June 26, 2024, the Alabama jury deliberated for about four hours before reaching a verdict in favor of Erwin. They awarded him $105,000 in general damages. Judge Jim Hughey III then entered a final judgment consistent with the jury’s verdict.

Court Documents:

Available upon request