Medical Expenses in Excess of $167,000 Do Not Sway Jury
During a two day trial in December of 2019, Jonathan M. Adelman convinced a DeKalb County jury to limit its verdict to $20,000, significantly less than the $60,000 pre-trial offer of the insurance company for Mr. Adelman’s client, the defendant. Liability was not an issue. In fact, the defendant admitted fault for causing the collision, which knocked the rear bumper off of plaintiff’s vehicle. Plaintiff sought treatment at the emergency room on the day of the accident and then treated with a spine doctor who administered facet block injections and radiofrequency ablations. That doctor also recommended future radiofrequency ablation procedures. In total, the treatment charges exceeded $167,000. On cross-examination, plaintiff was impeached with her own deposition testimony from the case against the defendant as well as her deposition testimony from a prior case. The jury was not persuaded by the testimony of the plaintiff’s doctor that the injuries were directly related to the accident with the defendant. Instead, the jury accepted the testimony of the defendant’s orthopedic expert that the accident with the defendant did not cause any structural changes to the plaintiff’s neck and back. In closing argument, plaintiff’s counsel suggested to the jury that a verdict should fall between $500,000 and $800,000.