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Another Win in Henry County: Adam Smith Obtains Verdict $10,000 Below Alleged Medical Expenses in Admitted Fault Case

Posted on Jul 19, 2016 in Results

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.