Linville v Purvis and Boswell
Hardin County Circuit Court # 4676
C. McGinley, Judge
Mr. Fairchilds from Memphis for the plaintiff
Mr. Flood attorney for Purvis
Kreis White attorney for Boswell
Trial on July 21, 2015
Trial of the above referenced matter was conducted on July 21, 2015 in the Hardin County
Circuit Court with Judge McGinley presiding. At the conclusion of proof the jury entered a
verdict holding Mr. Boswell was free of negligence and that Mr. Purvis was liable to the plaintiff
for $25,000.
Jury selection
Jury selection took only one hour, which was pretty quick for three lawyers. Our jury was largely
retirees. It had a very even gender mix. There were no occupational or experience disqualifiers of
note. No jurors were excused for cause.
Jury instruction
Judge McGinley gave the jury instructions before opening statements. This is an unusual practice
but one that makes a lot of sense. His theory is that jurors are asked to listen to several hours of
testimony without knowing what the applicable law is. By giving them the law upfront, focused
attention to the testimony is possible.
Opening statements
In opening statements Mr. Fairchilds attempted to lightly invoke "reptile theory" concepts of
responsibility and safety rules. He emphasized that while giving medical expenses of some
$20,000 was easy, a significant noneconomic loss have been suffered, with a verdict of $40,000
to be expected.
Mr. Flood argued on the half of Mr. Purvis that this is a case where Mr. Boswell crossed the
centerline at a high rate of speed, causing the accident that resulted. He also sought to minimize
damages, referencing drug seeking behavior on the plaintiff's part.
On behalf of Mr. Boswell I urge the jury to listen to the witnesses and assess the accuracy of
their testimony based on physical laws and facts. I also asked them to pay attention to the gouge
marks on the roadway taken down in photographs by the investigating police officer, which
corroborate that the point of impact was in Boswell's lane of travel rather than the eastbound
lanes.
The plaintiff’s first witness was Sergeant Snelling. The sergeant was the one who worked the
accident. He testified that each motorist claimed that the other was in the wrong lane. He
authenticated photographs of the damage to each truck as well as gouge marks and skid marks in
the roadway that illustrated the point of impact. It was the officer's testimony that fresh gouge
marks establish that the collision occurred in the westbound lanes been traveled properly by Mr.
Boswell.
The last witness before lunch was the evidentiary deposition of Dr. Eze, who felt the plaintiff
experienced a soft tissue injury as a result of the accident on July 7, 2013. Medical expenses
totaling $20,550.25 were incurred as result of the accident. On cross-examination, the doctor
agreed that there was no permanent injury, no restrictions, and no expected future medical care.
The doctor testified that all medical care occurred within 53 days of the accident.
The plaintiff testified that on the date of loss, he and Boswell were preparing to move with the
former’s stepsister and her children from one home to another in Savannah. The two men were
on their way to get sports drinks when the collision occurred. While Mr. Linville did not see the
Purvis truck before impact, he testified that he know of no evidence of negligence on the part of
his driver. During extensive cross-examination by the lawyer for Purvis, the plaintiff admitted
intermittent use of marijuana and described months of discomfort attributable to the collision.
Mr. Purvis was called as a witness by the plaintiff. He admitted that he never saw the Boswell
truck before impact and despite that fact, opined that the Ford truck was traveling from 50-60
mph at impact and was driving in the middle of the two lane road. In examination by his own
lawyer, he tried to claim years of accident free miles as a truck driver after honorable discharge
as a Vietnam War veteran. On my cross examination, the co-defendant admitted that he did not
serve in Vietnam or in combat. He admitted that he testified during his deposition that Mr.
Boswell had been traveling 60 mph. He admitted that his wife was a passenger during the
collision, but was not in attendance at trial. He admitted that if the Boswell truck had been
traveling 60 mph and had tried to park at the Three Diamonds Market, the truck would have run
through the beer cooler on the back wall of the store.
The last witness was Mr. Boswell, who testified that he was familiar with operation of the Ford
Truck, was in good health and was free of negligence. He never crossed the center line until his
driver’s side front wheel was knocked off, was not speeding and was not distracted. The
plaintiff’s lawyer asked Mr. Boswell to corroborate the plaintiff’s complaints of pain while the
co-defendant’s lawyer swung wildly—thinking that he had scored a point with a concession that
Mr. Boswell owned a car that was disabled when in his deposition he testified that he did not
own a car at the time of the collision.
The jury deliberated 45 minutes before returning a total verdict for $25,000 against Purvis only.
I interviewed a juror after they were released and learned that nobody on the jury contended that
Mr. Boswell was guilty of negligence from the very start.