Gwinnett County Jury Unpersuaded by Orthopedic Doctor’s Live Testimony at Trial
On March 27, 2019 and March 28, 2019, Alex D. Mayfield obtained a very favorable verdict in the State Court of Gwinnett County. Plaintiff claimed physical injuries as a result of an admitted fault motor vehicle collision. Plaintiff had his chiropractor and orthopedic doctor testify live at trial. Both testified that plaintiff’s injuries were related to the subject accident. Plaintiff claimed nearly $30,000 in medical bills and asked the jury to award up to $5,000 a month for pain and suffering. Ultimately, the jury awarded $8,500. Plaintiff demanded policy limits prior to trial.
Despite Treating Doctor’s Trial Testimony, Fulton County Jury Not Persuaded to Find for Plaintiff
On February 5, 2019, to February 6, 2019, Brian F. Williams obtained a defense verdict in the State Court of Fulton County. Plaintiff claimed both physical and psychological injuries as a result of an admitted fault motor vehicle accident. Two of the plaintiff’s medical treatment providers, including an Orthopaedic Doctor, testified at trial that the plaintiff’s physical injuries were related to the subject accident. Further, the plaintiff claimed nearly $37,000 in medical specials and asked a jury to award up to four times the medical specials. Ultimately, however, the jury found in favor of the defense. Prior to trial, the plaintiff demanded $99,000
Congratulations to our Super Lawyers
We take great pride in announcing that five of our lawyers have been named 2019 Georgia Super Lawyers (Jonathan Adelman, Trevor Hiestand, Brian McCarthy, Daniel C. Prout, Jr., and Russell D. Waldon). Two of our lawyers (Ashley Rice and Rakhi McNeill) have been named Georgia Super Lawyer Rising Stars. (Only 5% of the lawyers in Georgia are given the Super Lawyer designation following a multiphase selection process.) In addition, Super Lawyers has named Jonathan Adelman one of Georgia’s Top 100 attorneys for 2019.
WACHP Welcomes Senior Counsel Brian McCarthy
We are pleased to announce that Brian McCarthy has joined our firm as Senior Counsel. Brian brings over fifteen (15) years of significant litigation experience to the firm. Brian has earned the respect of his peers, clients, and bench and has been named a Georgia Super Lawyer. Brian’s practice will focus on matters involving general civil and business litigation, insurance defense, insurance coverage, motor vehicle liability, premises liability, and construction litigation.
Mayfield Obtains Favorable Verdict in Gwinnett County.
On November 26-27, 2018, Alex Mayfield obtained a very favorable verdict in the State Court of Gwinnett County. It was a UM case with an absentee defendant. The plaintiff claimed $17,000 in medical expenses and his treatment included an epidural steroid injection. Ultimately, the jury determined that plaintiff exaggerated his injuries and awarded him $1,885. The pre-trial offer was $5,500.
Social Media Postings Lead to Defense Verdict
On October 29 and 30, 2018, Jonathan Adelman tried a motor vehicle collision case to a defense verdict in Cobb County. Plaintiff was claiming neck injuries and significant TMJ syndrome. Plaintiff’s expert dentist testified that the motor vehicle collision caused the TMJ injury. However, social media posts showed that plaintiff experienced significant dental problems before the collision and was participating in Karaoke within three weeks after the collision, thereby drawing into question the validity of her claims. Prior to trial, plaintiff had demanded $50,000 to settle.
McNeill and Matthews Secure Defense Verdict
On September 4 and September 5, 2018, Rakhi McNeill and Anthony Matthews obtained a defense verdict in Cobb County on behalf of their client who admitted fault in a motor vehicle accident. Plaintiff did not complain of injury at the scene but went to the emergency room on the day of the accident. The next day she began chiropractic care and sought treatment with a medical doctor, who administered a cervical epidural steroid injection. Plaintiff claimed that her pain had not improved at all and also claimed continued pain and suffering from the accident which occurred 5 years ago. The verdict, which came after less than an hour of deliberation, was influenced by the impeachment of plaintiff on cross-examination and the inconsistencies of her testimony when compared to the other evidence in the case.
WACHP Names Becky Gabelman Partner
We are pleased to announce that Becky Gabelman has been elected to partnership in the firm. Becky has been instrumental to our firm’s success and is a vital part of our future.
Jury Returns with a Defense Verdict in Record Time and Leaves Medical Funding Company without a Recovery from which to Collect
In a clear liability case where plaintiff incurred over $280,000 in past medical expenses and underwent spine injections and two (2) shoulder surgeries, Jonathan M. Adelman obtained a defense verdict in favor of his client, the sole defendant in the case. It took the Fulton County jury of twelve (12) under fifteen (15) minutes to return with the verdict. Prior to trial, the settlement negotiations broke down with plaintiff’s lowest demand at $380,000 and the defendant’s highest settlement offer at $145,000. In closing argument, plaintiff’s counsel requested the jury to return with a verdict in the amount of $846,000. In closing argument, Mr. Adelman questioned the credibility of plaintiff and plaintiff’s expert and asked the jury to determine that the burden of proof had not been carried. Notably, a significant portion of plaintiff’s medical expenses had been paid by a medical funding company. According to the plaintiff‘s contract with the medical funding company, the stated charges for plaintiff’s treatment were significantly greater than what the funding company paid, but the contract still required payment of the stated charges in the event that the plaintiff prevailed
Despite DUI and Surgery, Gwinnett County Jury Still Finds for Defense
On August 27 and 28, 2018, Jonathan M. Adelman obtained a defense verdict on behalf of his client, who admitted fault for a motor vehicle collision. At the time of the accident, the defendant was intoxicated. She was arrested for, and pled guilty to, DUI. The accident involved a significant impact, totaling plaintiff’s vehicle. Plaintiff claimed a knee injury consisting of a non-displaced tibia plateau fracture and a meniscal tear. She underwent one surgery, and her surgeon recommended a second surgery. Plaintiff claimed past and future healthcare expenses in the amount of $55,000, lost wages in the amount of $16,000, and punitive damages. Prior to trial, the lowest demand was $150,000. Defendant’s pre-trial offer, through her insurance company, was $80,000. The verdict, which came after 45 minutes of deliberations, was influence by the repeated impeachment of the plaintiff during cross-examination.