Yesterday Judge Robert E. Mc Duff handed down a judgement in the case of Emory v. Ballenger. Last week AM 1180 had reported that a judgement was issued in the case, when in fact a verdict had been found by the jury in the case.
Wednesday’s judgement by Judge McDuff said : " The jury havind found a verdict for $152,828 with an offset of $133,200 as a result of contributory negligence of plaintiff or a net verdict of $19,628, and this verdict clearly shows on its face that the negligence of the plaintiff is greater than the negligence of the defendent. The court accepts the verdict of the jury as a verdict for the defendent without requirement of payment of money by the defendent."
Mr. Ballenger told AM 1180 Chattooga County Radio "The jury in my case has restored my faith in the judicial system. Thank God and the framers of the Constitution for the jury system."