Ernest and Marina Howells v. Cincinnati Ins. Co.
(July 2004)

Michael Sistrunk won a victory in favor of Cincinnati Insurance Co in the case entitled Ernest and Marina Howells v. Cincinnati Ins. Co. in the 24th Judicial District Court before the Honorable Judge Benge. Plaintiffs were involved in a motor vehicle accident on January 1, 2000. The defendant driver was an employee of Cincinnati’s insured. Cincinnati contended the employee was driving the van without permission because he was on his way home from a New Years Even party. The defendant driver’s blood alcohol content was .194%.

Plaintiffs requested $100,000 in general damages and $200,000 in punitive damages. The jury returned a verdict finding the employee was driving with implied permission, but the jury only awarded $12,395 to Ernest and $11,000 to Marina, including medicals, which alone totaled $25,000. The jury also found the plaintiff to be at 5% fault. No punitive damages were awarded.