Verdicts and Settlements

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Stephen G. Lowry and Jed D. Manton of Harris Penn Lowry won a verdict worth a total of $240,000 in a car wreck case involving the parents of an injured Iraq war veteran who were in Savannah to help with their son's recovery.

Dennis Roberts was driving with his wife, Janet Roberts, and their grandson in a child seat in the back when their car was hit by Michael Regnier's vehicle.

"They were driving downtown to take their grandson on an outing while their father was recuperating at home," said Manton. He said the defendant's car pulled in front of his clients, forcing their car into a brick front porch.

Janet Roberts suffered broken bones in her back and ribs. She was taken by ambulance to Memorial Hospital and was kept overnight. "After being discharged from Memorial, Janet and Dennis returned to their home in Virginia, where Janet continues to receive medical treatment to this day. Janet's care has been managed by an orthopedic surgeon, pain management doctor and physical therapists," states the plaintiff's summary in the pretrial order.

Janet Roberts' medical bills totaled $50,000 so far, according to Manton. Her attorneys used video taped testimony from her doctors.

Manton said he used a Holt demand to try three times to settle the case for the limits of the Allstate liability insurance policy, $100,000.

"The first two times, we got zero offers. The third time, we were offered $42,500," Manton said. "Our view of the case is they had three chances to settle it and they fumbled the ball each time."

Defense attorney Larry I. Smith of Thompson & Smith in Augusta had not responded to a call for comment by press time.

The Nov. 10 verdict included: $200,000 in damages to Janet Roberts for injuries; $10,000 in damages to Dennis Roberts for his loss of consortium claim; plus $30,000 in pre-judgment interest, Manton said. The crash happened on March 10, 2007.

"She had a serious back injury," Manton said. But he added that the clients themselves made the most powerful impression on the jury. They countered the defense claim that the plaintiff's back problems stemmed from a pre-existing condition.

"It was a situation where we had the pleasure to represent two wonderful people who were absolutely credible in every way. We were able to explain through their testimony that in fact even though she had prior injuries, this wreck had altered her life," said Manton.

Manton complimented the opposing counsel, saying Smith "did an excellent job during trial." But, he added, "We felt all along we had better facts and a client that was believable. The jury that was able to see that."

He said the jury was racially balanced and included eight women and four men.

Chatham County State Court Judge H. Gregory Fowler presided over the trial.

The case is Roberts v. Regnier, No. STCV08-00630.