California SUV Rollover Lawsuit

Birmingham News (AL)
Man Hurt In Wreck Awarded $6 Million

Date: January 27, 2007
Section: LOCAL NEWS
Page: 4-D

Article written by: ROBERT K. GORDON, News Staff Writer

A Bessemer Cutoff jury has awarded a California man $6 million as a result of a serious accident on Interstate 20/ 59.

Vu Ho was traveling through Bessemer from Georgia back to San Jose on Dec. 7, 2004, when he was rear-ended by John DeGroat of Helena. The collision caused Ho’s SUV to roll over, his lawyer, Keith Belt, said.

“He sustained a life-changing brain injury,” Belt said. ‘He’ll never be able to work again.”

The jury returned its verdict in less than an hour after a week-long trial before Circuit Judge Dan King.

The compensatory damages were for pain and suffering, lost wages and medical bills, Belt said.

“The Ho family is very pleased with the verdict,” Belt said. “We thought the jury used a lot of discretion when making its decision.”

Belt said his client was unable to testify. Because of his brain injury, Ho had no recollection of what happened.

DeGroat said that Ho cut in front of him as they were changing lanes.

“That did not match the physical evidence,” Belt said.

What specifically caused the accident remains unclear. Belt said there is no toxicology report.

“I anticipate being able to collect the judgment in a secondary action that will be filed shortly against Mr. DeGroat’s liability insurance carrier, who refused to timely tender their $50,000 policy limits,” Belt said. “The insurance carrier grossly underestimated their insured’s exposure in this case. This was a clear case of excess liability and Mr. DeGroat’s carrier left him exposed.”

Michael Burroughs, DeGroat’s lawyer, said he plans to file a motion for a new trial.

“We think the jury’s verdict was based on evidence inappropriate for the case,” he said.

If a new trial is not granted, the verdict will be appealed, Burroughs said.