Plaintiff Turns Back On Pre-Trial Offer and, as a Result, Leaves a Considerable Sum on the Table
In July of 2015, John Alday and Anna Ismail tried a case to verdict in Cobb County State Court which resulted in the uninsured motorist carrier only paying twenty percent of the pre-suit offer.
The case stemmed from a clear fault head-on collision motor vehicle accident which totaled the plaintiff’s Volvo SUV. As a result of the accident, plaintiff sustained a fractured vertebrate at C2, which she described as making her “feel like a bobblehead.” She was transported from the scene to a hospital, where she stayed for the next two days. Plaintiff had to wear a hard neck brace constantly for the next six months, followed by six months of arduous physical therapy. Her husband, who brought a claim for loss of consortium, had to do everything for her while she wore the neck brace, including feed her. On cross-examination, plaintiff’s treating physician admitted plaintiff was healing and improving throughout her care and that she sustained no vascular injuries or stability problems. (This flew in the face of the testimony from the plaintiff.) Plaintiff presented medical expenses of $35,000 and asked the jury to award $1.1 million. Prior to trial, plaintiffs received $25,000 from the liability carrier and medical payments from the uninsured carrier of $25,000. Pre-suit, the uninsured motorist carrier offered $44,000 in new funds to settle the case in response to a demand of $500,000. At trial, the jury returned after deliberating for thirty-four (34) minutes with a verdict stating that plaintiff had already been fully compensated and was not entitled to any further recovery.