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
Gwinnett County Jury Finds For Empty Chair Defendant
On June 7, 2016, Jared Jacobs and John Alday obtained a verdict in favor of John Doe in Gwinnett County. The plaintiffs alleged that a John Doe driver rear-ended another car, pushing that car into the plaintiffs’ vehicle, causing severe injuries, including a herniated disk in one plaintiff’s cervical spine. On the morning of trial, plaintiffs and another defendant announced a settlement and the named defendant was dismissed from the case. Through cross-examination of the involved drivers, passengers, and the mechanic, as well as the direct examination of the investigating officer, Mr. Jacobs and Mr. Alday convinced the jury that no John Doe vehicle was involved. The plaintiffs had in excess of $25,000 in medical expenses and asked the jury to award $75,000. After 36 minutes, the jury returned and found in favor of the defendant. Before trial, the insurance carrier had offered $5,000 to settle the suit
WACHP would like to congratulate Jonathan Adelman, Dan Prout, Trevor Hiestand, and Russell Waldon for being named 2016 Georgia Super Lawyers. WACHP would also like to congratulate Rakhi McNeill and Ashley Rice for being named 2016 Georgia Rising Stars.
Five Minute Deliberations Lead to DeKalb County Defense Verdict
On April 25, 2016, Ashley Rice obtained a defense verdict from a DeKalb County jury after only five minutes of deliberating. Ms. Rice’s client admitted fault for the subject motor vehicle accident, but disputed that the plaintiff was injured as she claimed. The plaintiff went to the emergency room on the date of the accident and subsequently sought chiropractic treatment and pain management for neck, shoulder, chest, and back injuries. She presented over $10,000 in healthcare bills and asked the jury to award $25,000. Before trial, the defense had offered $8,500 to settle.