Double Defense Verdict for Brandt in Gwinnett County
Attorney Andrew Brandt obtained a double defense verdict in the State Court of Gwinnett County on August 9, 2016. A disputed fault case involving a parking lot accident and minor property damage took only one day to try. Plaintiffs, whose last pretrial demand was $100,000 a piece, alleged over $25,000 in total healthcare specials. At trial, Mr. Brandt conceded to the jury that plaintiffs may be able to prove that defendant was at fault for the accident, but argued that there was no way the accident was the proximate cause of plaintiffs’ alleged injuries. In less that forty minutes, the jury came back with a defense verdict as to both plaintiffs. Defendant’s last offer on the eve of trial was $1,000 per plaintiff.
Adelman Secures Defense Verdict Despite Admitted Fault, $67k in Healthcare Specials
After a two day trial, on July 26, 2016, Attorney Jonathan Adelman obtained a defense verdict in the State Court of Fulton County. Despite defendant admitting fault for causing the accident, the jury of twelve was unconvinced that plaintiff’s injuries were proximately caused by defendant’s negligence. Following the accident, plaintiff treated with a chiropractor upon attorney referral before undergoing two bilateral medial branch radiofrequency ablations just three months after the accident. Plaintiff presented $67,995.97 in medical bills to the jury. Plaintiff’s counsel asked the jury to find for his client in the amount $617,000. After a two hour and twenty minute deliberation, the jury found for the defendant. The lowest demand plaintiff made before trial was $600,000 and the last offer by defendant was $10,000.
Defense Verdict in Less Than Thirty Minutes in Admitted Fault Case
On July 28, 2016, Becky Gabelman obtained a defense verdict from a Fulton County jury. Plaintiff alleged $12,080 in healthcare specials following an admitted fault accident. While there was no complaint of injury at the scene, plaintiff treated at the emergency room the following day and subsequently with a chiropractor who was referred by his attorney for soft tissue injuries. After deliberating for less than thirty minutes, the jury returned a verdict for the defendant. Prior to trial, defendant last offered $1,750 to plaintiff to settle the case.
Another Win in Henry County: Adam Smith Obtains Verdict $10,000 Below Alleged Medical Expenses in Admitted Fault Case
Adam Smith successfully defended a case in Henry County in which his client admitted to rear-ending the plaintiff’s vehicle on a state highway; moments earlier, defendant had been traveling approximately 45 mph. Defendant slammed on the brakes but was not able to stop in time, causing extensive property damage. Plaintiff alleged that the accident caused injuries to her neck and right wrist and sought to recover incurred medical expenses in the amount of $35,328.31, as well as general damages for past and future pain and suffering. At trial, the plaintiff’s case-in-chief included testimony from her treating physician, a board-certified orthopedic surgeon, who connected all of her alleged injuries to the accident. The defense called a rebuttal expert who testified that the accident caused a minor injury to plaintiff’s neck but no injury to her right wrist. While the defense expert admitted that the plaintiff sustained an accident-related cervical strain, he opined that the strain should have resolved within three to four months and the plaintiff’s subsequent neck pain was not caused by the accident. At the conclusion of a three day jury trial, plaintiff asked the jury to award total damages in the amount of $75,000. The jury returned a verdict in the amount of $25,000; this award was $10,000 below the alleged medical expenses and $5,000 below the last pre-trial settlement offer made by the defense.
WACHP Announces New Partner
We are pleased to announce that Kevin Reardon has been named a partner of the firm.
Cobb County Jury Finds in Favor of Defendant in an Admitted Fault Case
On June 14, 2015, Jonathan Adelman and Emaly Standridge obtained a defense verdict from a Cobb County Jury in an admitted fault case. Plaintiff made no complaint of injury at the scene, but hired an attorney the day after the accident and subsequently began chiropractic treatment for alleged soft tissue injuries. The defense included evidence of multiple complaints of prior similar injuries. In closing, plaintiff’s counsel asked the jury to award $17,000 in medical expenses, plus $10,000 for pain and suffering. Prior to trial, the defendant offered $11,000 to settle the case. After less than an hour of deliberations, the jury returned a verdict in favor of the defendant.
Jury Sets Emotions Aside and Finds in Favor of WACHP Client
Following a two day trial ending on June 30, 2016, a Fulton County jury returned with a verdict vindicating the defendant in a case involving the death of the plaintiff’s husband, who was a passenger in a car which the plaintiff was driving. Although the plaintiff had minor bodily injuries, her primary claim was related to her alleged emotional distress from witnessing her husband’s death. Prior to trial, the defendant’s motion for summary judgment as to the emotion distress claim was denied, so the parties were forced to trial. The defendant did not dispute causing the initial fender bender type accident with the plaintiff’s vehicle. However, the defendant denied that the initial impact caused the plaintiff’s vehicle to accelerate into a utility pole, overturn, and kill the plaintiff’s husband. Following almost two hours of emotionally charged deliberations, the jury returned with a defense verdict and specifically found that the plaintiff’s responsibility for the second impact matched or exceeded that of the defendant. Prior to trial, and again during trial, the defendant’s insurance company made a settlement offer in the amount of $40,000. Months before trial, the plaintiff formally withdrew all settlement demands. Prior to the withdrawal, the plaintiff’s formal settlement demand was for the policy limits of $100,000.
Henry County Jury Finds for the Defense
On June 7, 2016, Russell Waldon and David Smith obtained a defense verdict in Henry County in a disputed-liability case. The plaintiff alleged $25,000 in medical special damages and $6,000 in lost wages. Plaintiff claimed permanent impairment to her neck and back but was impeached during cross-examination with evidence of prior claims and lawsuits for the same injuries. After hearing from both parties and the investigating officer, the jury determined that a third party caused the accident by coming to a sudden stop without functioning brake lights. Plaintiff’s lowest demand during the course of the litigation was $50,000.
Defense Verdict for Waldon and Jacobs in DeKalb County Four-Car Rear-End Collision
On June 3, 2016, Russell Waldon and Jared Jacobs received a defense verdict in a disputed fault, four-car accident in which their client was the driver of the rear vehicle. Through pointed cross-examination and the testimony of a key witness, the defense prevailed. The jury deliberated for thirty-six minutes before finding for the defense. Plaintiffs presented approximately $20,000 in medical bills and requested the jury award $75,000.
Medical Funding Companies: A New Problem for an Old Rule
WACHP is pleased to post a new article written by Rachel Reed, Clay Knowles, and David Glustrom that was recently published in the GDLA newsletter. Medical Funding Companies: A New Problem for an Old Rule