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Defense Verdict in Rockdale County

Posted on Jan 25, 2023 in Results

Rakhi McNeill and Katherine Rouse secured a defense verdict on January 24, 2023 following a two day trial in Rockdale County.  The case involved an admitted fault rear-end accident with minimal property damage. Plaintiff claimed injuries to his neck, low back, and left shoulder.  Prior to trial, plaintiff claimed $52,000 in medical bills.   The initial treatment focused on neck and back complaints, but ultimately plaintiff was diagnosed with a shoulder tear and recommended for surgery.  Plaintiff did not have any prior shoulder injuries.  Plaintiff’s orthopaedic surgeon related the need for surgery to the accident.  However, on cross-examination, the surgeon conceded that because he had not treated plaintiff in over a year, he could not recommend continuing with surgery without first having exhausted conservative treatment and a repeat MRI.   At trial, plaintiff did not introduce the medical bills and asked for $250,000 in general damages/pain and suffering only.   The jury deliberated for forty-five minutes and returned a verdict in favor of the defendant.  In speaking with the jurors after the trial, the jury found that plaintiff’s testimony did not match his treatment records.