Defense Verdict Obtained in Objective Injury Case
After a four day trial and jury deliberations of approximately one hour, Dan Prout and Denise Hoying obtained a defense verdict in the State Court of Cobb County in a disputed liability case. The plaintiff sustained a fractured collar bone in the accident and ultimately underwent surgery. She claimed approximately $48,000 in medical expenses and more than $10,000 in lost wages. After hearing testimony on fault for the accident from both parties, the investigating police officer, the plaintiff’s accident reconstructionist, and an independent witness, the jury determined that the plaintiff was more than 50% at fault for the accident, barring any recovery.
Verdict Considerably Less Than Pre-Trial Offer
After two (2) days of trial and one and one-half (1½) hours of deliberations in the State Court of DeKalb County, Jonathan Adelman successfully limited a plaintiff’s verdict to $12,774, considerably less than the pre-trial offer of $45,000 and plaintiff’s request to the jury in the amount of $110,000. This was a case of clear liability on the part of the defendant. The plaintiff claimed ongoing injuries to her neck, low back, and sacroiliac joint, despite the fact that she showed up at trial wearing four inch heels. She was transported from the scene of the accident, which involved a significant impact, by ambulance. She followed up with an orthopedist, who administered four (4) sacroiliac joint injections between July of 2011 and March of 2014. The favorable result was largely due to very effective cross-examinations of plaintiff’s doctor and plaintiff and some significant gaps in treatment.
WACHP Announces New Partner
We are pleased to announce that Ashley Rice has been named a partner of the firm.
Six of our lawyers named Georgia Super Lawyers for 2014
As published in Atlanta Magazine, six of our lawyers have been named Georgia Super Lawyers for 2014. These lawyers are Russell D. Waldon, Jonathan M. Adelman, Trevor G. Hiestand, Kimberly A. McNamara, Ashley Rice, and Rakhi McNeill.”
Our New Name
We are pleased to announce that we have changed our name from Harper, Waldon & Craig to Waldon, Adelman, Castilla, Hiestand & Prout. This does not represent a significant change in the firm’s personnel, but is rather a reflection of our firm’s march into the future. We will continue to serve our clients with the same devotion and quality to which they have become accustomed to expect.
Available for Seminars
We are available to speak with your claims personnel about various legal topics. Recently, we have presented a seminar entitled “How Can Insurance Companies Balance Georgia’s ‘Mirror Image’ Settlement Rule and Georgia’s Negligent/Bad Faith Failure to Settle Law?” If you would like us to present this seminar or a seminar on another topic to your company, please contact Jonathan Adelman at (770) 933-7027.
Trucking Company Successfully Defended in Personal Injury Suit with Significant Injuries
As reported in the December 5, 2013 issue of the Daily Report, Hilliard Castilla successfully defended a trucking Company on a major personal injury case against the company and its insurer. All parties agreed that a drive shaft from the trucking dump truck dislodged and caused vehicles to slow and/or stop on I-575. Plaintiff, who suffered a fractured vertebrae after swerving to avoid another vehicle and driving off of an embankment, contended that the trucking company, its driver and insurer should be held liable for special damages of over $120,000, plus lost income and pain and suffering. At trial plaintiff, who demanded $900,000 from the insurer in pretrial negotiations, asked the jury for $3.2 million. Hilliard Castilla secured a verdict of less than $650,000 after convincing the judge to dismiss the insurer and driver from the litigation and persuading the jury to apportion a percentage of the blame for causing the accident to the plaintiff.
Prout Obtains Defense Verdict in Clear Liability Case
Dan Prout obtained a defense verdict in a clear liability case in the State Court of DeKalb County. The case involved a collision between an automobile driven by a drunk driver who fled the scene and a vehicle in which the plaintiff was riding as a passenger. The defense involved proving that the plaintiff was not injured despite a moderate impact in the collision. Despite the plaintiff-oriented venue and the enormous potential for an award of punitive damages, Mr. Prout was able to convince the jury that the plaintiff was not injured in the accident
Adelman Prevails in Breach of Contract Case
Jonathan Adelman prevailed on summary judgment in a breach of contract action which was filed for the purpose of enforcing a pre-litigation settlement for the insured’s policy limits. The claimant sustained serious injuries and incurred medical expenses of more than $440,000. The insured’s policy limits were only a fraction of the total health care expenses. The claimant’s attorney argued that his conditional settlement demand had not been accepted when the insurance company agreed to pay its policy limits in response to the request for the same. The trial court disagreed with that argument and entered an order enforcing the settlement and requiring the claimant to pay attorney’s fees. The trial court’s ruling was upheld in the published Court of Appeals’ decision of Sherman v. Dickey, 322 Ga. App. 228 (2013).
Adelman Successfully Obtained Summary Judgment
On behalf of one of the nation’s largest insurance companies, Jonathan Adelman successfully obtained summary judgment against a medical doctor and his practice for physical therapy treatments rendered by unlicensed individuals. The case was filed by the insurance company in the U.S. District Court for the Northern District of Georgia. In its ruling, the trial court ruled that the insurance company was not obligated to pay med-pay benefits for approximately $320,000 in submitted bills. The trial court further ordered the medical doctor and his practice to reimburse the insurance company more than $40,000.