Claims Resulting from Autonomous or Semi-Autonomous Vehicle Failures Require Specialized Knowledge and a Different Approach.
WACHP Press Release – KDS 4.2018 (Edited Version 2)
WACHP Sponsors Atlanta Volunteer Lawyers’ Foundation
On April 21, the Saturday Lawyer Program for the Atlanta Volunteer Lawyers’ Foundation featured the strong efforts of six (6) of WACHP’s associates: Lindsay Mayo, Luciana Aquino, Andrea Baker, Casey Brown, Heather Keller, and Kayla Bell. We are proud to have them represent our firm and are thankful for their donation of time to this great cause.
Prout and Britt obtain Jury Verdict of $0 for Plaintiff
Dan Prout and Sarah Britt recently obtained a very favorable verdict ($0 for the plaintiff!) in the State Court of Cobb County. The plaintiff claimed $140,000 in medical expenses and underwent low back surgery. The plaintiff’s orthopedic surgeon, Dr. Charles Cha and pain management specialist, Dr. Kamal Kabakibou testified by video at trial. They both related the plaintiff’s injuries and the need for surgery to the accident. Mr. Prout was able to show that a non-party struck the plaintiff’s vehicle first in a three (3) car chain accident. Also, the plaintiff was impeached numerous times. The plaintiff was represented by an experienced trial attorney. The jury returned a verdict for the plaintiff for $0.
Click the Link to Read the Daily Report Article about Dan Prout and Travis Meyers’ Defense Verdict
DCP Cobb County Win – Daily Report Article
WACHP Sponsors the Saturday Lawyer’s Program
WACHP attorneys spent their Saturday offering pro bono work at the Saturday Lawyer’s Program with the Atlanta Volunteer Lawyers Foundation. Attorneys spent time meeting with participants, counseling those participants, and drafting documents on behalf of Metro Atlanta residents. They provided advice on unpaid wage and landlord-tenant disputes. At the conclusion of the day, many of the participating attorneys agreed to formally continue their representation of these participants. WACHP encourages partners and associates to give back to the community through its ongoing pro bono and community service program. For more information about WACHP’s Pro Bono and Community Service Program, please contain our program chair, Celeste Noelle Gaines, Esq. at email@example.com.
Hilliard Castilla and Matthew Hurst secure defense verdict in Jasper County
On February 14, 2018, after a three (3) day trial in the Superior Court of Jasper County, Hilliard Castilla and Matthew Hurst successfully secured a defense verdict for their client in connection with an accident that occurred in late 2014. The lawsuit involved a T-Bone style collision, extensive property damage to both vehicles, and more than $40,000 in medical expenses. The lawsuit involved a disputed fault accident in which plaintiff’s testimony and the police report showed the defendant striking the driver’s-side of plaintiff’s vehicle. During cross examination, Mr. Castilla was able impeach the plaintiff in regards to several crucial details about the accident and his treatment. In doing so, Mr. Castilla was able to show the jury that plaintiff’s testimony was suspect, and should not be believed. In his closing argument, plaintiff asked the jury to award more than $200,000 in pain and suffering, and future medical expenses. Ultimately, the jury of twelve (12) was unpersuaded, and they returned a defense verdict. The jury found the plaintiff had failed to carry his burden of proof in showing that Mr. Castilla’s client was responsible for the accident.
Great CLM Article on Funding Companies
The Funding Company Predicament
Defense Win Likely Constitutes One of Georgia’s Smallest Plaintiff’s Verdicts Arising from a Clear Fault Tractor Trailer Accident
On December 7, 2017, after a three (3) day jury trial in the State Court of Spalding County, Jonathan M. Adelman and Benjamin H. Harbin obtained a very favorable verdict for their tractor-trailer driver and trucking company clients. This was a hotly contested case stemming from a 2005 accident. The truck driver, who rear-ended plaintiff’s vehicle when traffic stopped for a school bus, was arrested at the scene for driving with a suspended license. Prior to trial, the trial court granted summary judgment to the defendants on plaintiff’s direct negligence claims against the trucking company, plaintiff’s punitive damages claim, and plaintiff’s spoliation claims. The trial court also agreed that the jury should not be made aware of the driver’s suspended license. Plaintiff claimed “career-ending” neck and back injuries. Plaintiff’s treating orthopedist determined that low back surgery was needed. Plaintiff had been employed as a mechanic at AGL Resources and had not worked since the day of the accident. He claimed lost wages alone in the amount of $700,000. In the middle of trial, plaintiff reduced his settlement demand to $175,000. Defendants’ longstanding settlement offer had been $75,000. The jury returned with a verdict in the amount of $4,500.
Alex Mayfield Obtains Defense Verdict in Douglas County
On October 23-24, 2017, Alex Mayfield obtained a defense verdict in an admitted fault case in Douglas County. The defendant collided with the rear of plaintiff’s vehicle causing substantial property damage. Alex was able to convince the jury that plaintiff had a pre-existing condition which was not aggravated by the collision. Plaintiff’s medical special damages exceeded $12,000.
Despite the Testimony of Surgeon and Biomedical Engineer, Jury Not Convinced Neck Surgery Related to Clear Fault Accident
On October 26, 2017, Adam Smith limited a verdict against his client to $3,500 in an admitted fault case where a 27 year old plaintiff with no prior history of neck pain underwent neck surgery and incurred medical expenses of more than $102,000. Dr. Erik Bendiks, who performed the neck surgery, testified that the plaintiff sustained a herniation at C5/6 that was caused solely by the accident and required a disc replacement surgery. Plaintiff also called a biomechanical engineer to testify about the force of the collision. Plaintiff requested a total award of more than $600,000. A Forsyth County jury deliberated for approximately six hours before returning a verdict for $3,500.