Jury Not Fired Up By Alleged Road Rage
In October of 2016, Jonathan Adelman successfully convinced a Gwinnett County jury that plaintiffs’ recovery should be limited to $24,000, significantly less than the longstanding pre-trial offer of $30,000 and the lowest pre-trial demand of $60,000. The two plaintiffs (a father and his minor daughter) claimed that the defendant reversed into the front of their vehicle in an aggressive fashion. The plaintiff father alleged a back injury which required chiropractic treatment and epidural steroid injections. The plaintiff daughter alleged that she sustained a closed head injury and a whiplash type injury. The total healthcare expenses were $35,000. Plaintiffs had three (3) medical doctors testify at trial via video depositions. The jury deliberated for almost three (3) hours.
Kevin Reardon Successfully Defends Uninsured Motorist Carrier
In September 2016, Kevin Reardon successfully defended an uninsured motorist carrier in a two (2) day trial in Bulloch County. Plaintiff alleged post-concussive syndrome as well as neck and back injuries. Her treating neurologist directly related plaintiff’s symptoms and need for treatment to the accident. Total medical specials were $11,200. In addition, plaintiff who was a medical doctor alleged lost income of nearly $40,000. Prior to trial, the liability carrier had tendered its policy limits of $25,000. Plaintiff’s counsel asked for an award of $189,000. After deliberating for less than an hour, the jury awarded plaintiff a verdict of less than the medical specials resulting in zero liability for the uninsured motorist carrier.
Prout and Hoying Obtain Defense Verdict After Three (3) Day Trial in Cobb County
The case involved a rear-end collision with a complaint of injury at the scene and treatment at the ER on the day of the accident. Plaintiff subsequently treated with a pain management specialist who directly related the injuries and need for treatment to the accident. Mr. Prout impeached the plaintiff twenty-six (26) times on cross examination regarding her description of the accident, prior injuries/treatment, etc. Likewise, Ms. Hoying impeached a fact witness (who is a plaintiff in a companion case) numerous times. Plaintiff’s total medical specials were $22,000. The highest pre-trial offer was $10,000. At trial, plaintiff’s counsel asked for $60,000. The jury returned a defense verdict after three (3) hours of deliberation.
WACHP Announces New Partner
WACHP is pleased to announce that Rakhi McNeill has been named a partner of the firm.
Fulton County Jury Does Not Relate Knee Surgery to MVA
In August of 2016, Jonathan M. Adelman successfully argued to a Fulton County jury that a 23 year old plaintiff’s knee surgery was unrelated to a side-swipe motor vehicle accident. Plaintiff alleged that his knee struck the dashboard, necessitating arthroscopic knee surgery to remove some cartilage. Plaintiff also claimed soft-tissue injuries to his neck and back. Plaintiff’s surgeon related the condition to the accident. However, the defendant’s medical expert provided convincing and common sense testimony as to why the condition pre-dated the accident. Furthermore, plaintiff and his witnesses were successfully impeached at trial. The total medical expenses were $44,000. The pre-trial offer was $20,000. The pre-trial demand was $50,000 for a limited liability release. The verdict was $10,000.
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.