Counsel Uses Facebook Postings to Destroy Defendant on Cross Examination

Case CaptionAmy Brinegar v. Arthur Edward Umlauf and Mickey Len Hicks, Civil Action No.: 08CV749M
Court:  Superior Court of Haralson County
Judge:  Honorable Michael L. Murphy
Plaintiff’s Attorneys: W. Wright Gammon, Jr., Gammon, Anderson  & McFail                               
Defendants’ Attorneys: Stephen P. Woodard, Magruder & Summer
Thomas D. Harper, Harper, Waldon & Craig
Alleged Damages: 2 broken hands and ruptured spleen, $72,000 medical expenses,  $6,000 lost wages
Verdict: Plaintiff awarded $800,000
Date of Verdict: April 16, 2010    

Plaintiff was a passenger on her boyfriend’s motorcycle when he slammed into a pick-up truck pulling out into the road.  Plaintiff alleged that the elderly pick-up truck driver did not see the motorcycle because it had come out and around an SUV traveling in front of it, like a slingshot.  Plaintiff sued her now former boyfriend and the pick-up truck driver.  Surprisingly, the jury returned a verdict $100,000 higher than the $700,000 verdict Plaintiff’s counsel asked them to return.

The Defendant boyfriend’s lack of credibility proved to be his undoing.  After his testimony about his fear of motorcycles since the accident, Plaintiff’s counsel whipped out the Defendant’s Facebook page, populated with pictures of him, a new motorcycle, and a new girlfriend on the back.

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