$703,105Verdict

$703,105 Jury Verdict for Handyman Whose Neck Injury Curtailed His Career

Verdict · Davidson County Circuit Court, Nashville (Docket No. 22C-1371) · 2024

Won by The Law Offices of John Day.

A Davidson County jury awarded $703,105 to a Nashville handyman who sustained a cervical injury when a vehicle operated by Acer Landscape Services collided with his, leaving him unable to perform basic tasks at the pace and volume his livelihood required.

What happened

Kenneth Price had spent roughly two decades building a one-man handyman operation in the Nashville area, taking on work that required quick, precise overhead and arm-intensive tasks: hanging blinds, replacing faucets, patching drywall. On the day of the collision with a vehicle owned by Acer Landscape Services, LLC, that routine ended.

The crash caused a cervical spine injury that Price testified affected every aspect of his work. What once took him ten minutes to complete, such as mounting a single set of window blinds, now stretched to two hours because his arm gave out repeatedly. Customers still called him, but some jobs were deferred when the pain was visibly too much for him to push through.

The case went to trial in Davidson County Circuit Court before Judge Amanda McClendon over three days, January 29 through 31, 2024. Attorneys J. Thomas Mihalczo III and Brandon E. Bass of the Law Offices of John Day, P.C. represented Price. The defense was handled by the Ortale Kelley Law Firm.

At trial, the jury heard testimony from Price, three of his longtime clients, and treating physician Dr. Joseph Blythe by video deposition. Blythe described Price's physical limitations. Clients described watching him struggle, take breaks, and defer jobs he previously would have finished quickly. One client noted that Price could still climb a ladder but was visibly in pain and shaky when reaching overhead.

A notable procedural moment occurred during deliberations: the jury sent a note requesting a line for 'lost earnings' be added to the verdict form, which the trial court permitted. The jury ultimately returned a unanimous verdict of $703,105.02, with $325,000 attributed to loss of earning capacity. The remaining $378,105 covered past and future medical expenses, past and future pain and suffering, loss of enjoyment of life, and permanent injury.

The Final Order of Judgment was entered February 6, 2024. Acer Landscape Services filed a motion for new trial or remittitur in March 2024, contesting the earning-capacity component on grounds that Price had introduced no numerical evidence of his pre- or post-injury income. No public record of a court-ordered reduction to the verdict has emerged from the available sources.

Sources

This account is drawn from contemporaneous public reporting and the court record.