On August 26, 2024, the Georgia Court of Appeals found that, for direct action purposes, Georgia’s Motor Carrier Act includes rideshare companies. This ruling came in the form of plaintiff’s interlocutory appeal of the trial court’s grant of summary judgment in favor of a rideshare company’s liability insurer for an accident that occurred in June of 2020. Georgia’s Motor Carrier Act allows a plaintiff to add the Motor Carrier’s insurer as a named defendant in a case, which is contrary to the general rule disallowing a direct action against a liability insurer. This is obviously unwelcome news as the Motor Carrier Act is designed for commercial trucking cases and specifically excludes other forms of transportation for hire such as taxis or other forms of ridesharing (such as government authorized carpools). However, it may not be quite as bad as it seems. This ruling does not create any new regulatory framework or requirements for rideshare drivers that would be applicable to trucking companies such as driver logs, pre-trip inspections, and mandatory drug tests after accidents. Further, effective July 1, 2024, the statute under which the Court of Appeals based its decision has changed. Under the new version of the statute, plaintiffs may only join insurers of motor carriers to lawsuits when the motor carrier is insolvent/bankrupt or either the motor carrier or the driver cannot be personally served (O.C.G.A. § 40-1-112(c)). Therefore, under the current version of the statute, a plaintiff may not add a TNC’s liability insurer as a matter […]

Waldon Adelman Castilla McNamara & Prout is proud to have 7 lawyers awarded in the 2025 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. This tradition of recognizing outstanding legal talent through a rigorous peer-review process ensures that the awarded lawyers meet the highest standards of professional excellence. In a saturated market, clients need confidence that the very best in the industry are handling their most critical matters. Our firm was recognized in the practice areas of Insurance Law, Litigation – Insurance, and Personal Injury Litigation – Defendants. For more information on the Best Law Firms rankings, please visit the Best Law Firms website. The Best Lawyers in America (2025 Edition) Jonathan M. Adelman- (Recognized in Best Lawyers since 2021) Insurance Law Litigation – Insurance Personal Injury Litigation – Defendants  Daniel C. Prout (Recognized in Best Lawyers since 2022) Insurance Law Personal Injury Litigation – Defendants  Kevin Reardon (Recognized in Best Lawyers since 2025) Insurance Law Best Lawyers: Ones to Watch In America (2025 Edition) Sarah W. Britt (Recognized in Best Lawyers: Ones to Watch in America since 2025) Personal Injury Litigation – Defendants  Rakhi D. McNeill (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants  Andrew Panella (Recognized in Best Lawyers: Ones to Watch in America since 2023) Insurance Law Personal Injury Litigation – Defendants  Alexandra M. Svoboda (Recognized in Best Lawyers: Ones to Watch in America since 2021) Insurance Law Personal Injury Litigation – Defendants

Waldon Adelman Castilla McNamara & Prout is proud to announce its commitment to the Mansfield Certification process for the 2024-2025 period. This marks the firm’s ongoing dedication to fostering a diverse, equitable, and inclusive workplace. Mansfield is a year-long certification process designed to ensure that all qualified lawyers, including women, underrepresented racial and ethnic lawyers, LGBTQ+ lawyers, and lawyers with disabilities, have equal opportunities for leadership positions. By participating in this program, Waldon Adelman reaffirms its commitment to creating a more inclusive legal profession. “We are proud to be part of the growing number of law firms dedicated to Mansfield Certification,” says Jonathan Adelman, Partner. “This initiative aligns perfectly with our firm’s values and our commitment to building a diverse and inclusive workplace. We believe that fostering a culture of inclusivity is essential to our success and to the success of our clients.” Mansfield Certification involves a rigorous process that requires firms to identify and consider qualified candidates for leadership roles, including partners, committees, and governance boards. The program also emphasizes transparency and accountability, encouraging firms to share best practices and learn from one another. Waldon Adelman strives to create a workplace where all individuals have the opportunity to thrive and contribute to the firm’s success. By participating in the Mansfield Certification process for another year, the firm is taking a proactive step towards achieving this goal.

On July 7, 2024, after a three-day trial in Gwinnett County, Brian McCarthy limited a verdict to an amount below what plaintiff had already been paid as part of a prior limited liability release settlement.  Mr. McCarthy represented the UM carrier and acted as lead counsel at trial. This was an admitted fault motor vehicle collision where there were $48,000 in alleged medical specials and an alleged future disc fusion at C4—C5 and C6—C7.  Plaintiff sought treatment on the day of the accident and continued to treat conservatively for over a year and a half. In closing, plaintiff’s counsel asked the jury for $1,463,000.  After deliberations, the jury awarded $25,000. The defendant’s liability carrier had already paid its $50,000 policy limits for a limited liability release, translating to no recovery against Mr. McCarthy’s UM carrier client. Prior to trial, the UM carrier had offered $25,000.

Following a 4 day jury trial in Bartow County, Rakhi McNeill and Katie Rouse secured a verdict for their client less than the pre-trial offer.   The case was an admitted fault, rear-end accident resulting in moderate property damage to the involved vehicles.  Plaintiff sought treatment at the emergency room within 24 hours of the accident.  After being discharged from the ER, plaintiff sought treatment with a chiropractor before being referred for pain management.  Plaintiff’s treating physician noted a disc injury to the lumbar spine for which plaintiff underwent multiple types of injections and a percutaneous discectomy.  The past medical specials were $240,698.20.  Plaintiff also retained a life care planner and neurosurgeon who testified that plaintiff would need $232,000 in future treatment due to her lumbar pain returning within 2 years of her last treatment date.  The defense retained a physiatrist as their causation expert and a billing expert.  The defense position on causation was that plaintiff did not sustain an injury to the disc in her lumbar spine and while plaintiff’s injection treatment was reasonable, the percutaneous discectomy was not reasonable and necessary.  The doctor also testified that the strain type injury that plaintiff sustained resolved by the date of her last treatment.  The defense billing expert testified that the charges for plaintiff’s treatment with the pain management doctor were not reasonable due to improper coding and inflated charges from the ambulatory surgery center.   The plaintiff asked the jury to award almost $1,000,000.  The defendant asked the jury to award […]

Following a 4 day trial in Clayton County, Jack Parker obtained a favorable outcome for his client. This was an admitted fault accident involving a t-bone style collision. Plaintiffs had medical specials of $24,000 and $13,000 and treated consisted of initial ER visits and several months of chiropractic treatment. Plaintiffs had each received $25,000 in pre-suit settlements. They rejected additional settlement offers of $20,000 and $25,000 at mediation. Plaintiff’s counsel asked the jury to award each plaintiff well into the six figures. Attorney Parker asked the jury to award each plaintiff their medical bills and a reasonable amount for pain and suffering. The jury awarded $20,000 and $30,000 to the plaintiffs. Due to an offset from the prior plaintiff settlements, the plaintiffs will only receive $5,000 total as a result of the verdict.  

After three (3) full days of trial, on April 18, 2024, a DeKalb County jury found in favor of Ashley Rice’s client.  This was a refiled lawsuit that was reached for trial eight (8) years after the subject rear-end accident and six (6) years after the defendant had originally been sued.  Defendant admitted fault for the impact, which was relatively minor.  No one reported injury at the scene.  Plaintiff thereafter sought treatment for neck and back pain from the emergency room, a chiropractor, a neurologist, a physical therapist, and pain management.  She introduced bills totaling just over $35,000.  Plaintiff claimed MRIs showed a cervical herniated disc and lumbar disc bulge, though the defense’s expert radiologist read the same MRIs as showing a normal spine.  Despite having been in two (2) subsequent accidents, plaintiff took the position that her injuries from 2016 never fully resolved and she had been in continuous pain for eight (8) years.  Plaintiff asked the jury to award $250,000.  The defense’s pre-trial offer was $30,000.

Following a 4 day trial in Fulton County, Kyle Joyce and Matthew Hurst secured a defense verdict for their client. The case involved a disputed fault accident in which their client was cited for failure to obey a traffic control device. Further complicating matters was the fact their client appeared in court and pleaded guilty to the same. Both Plaintiffs fixed blame for the accident on the Defendant, as did Plaintiff’s accident reconstructionist and the investigating officer. Both Plaintiffs claimed serious shoulder injuries and were recommended to undergo surgery. At the close of trial, Plaintiffs’ counsel asked the jury to award more than a million dollars. Prior to filing suit, Plaintiffs rejected offers totaling more than $150,000.00. After deliberating for less than an hour, the jury returned with a defense verdict.

Following a three (3) day jury trial in Cobb County in March, Ashley Rice secured a verdict below the claimed medical special damages.  The plaintiff and Ms. Rice’s client were involved in a 2018 rear-end accident with minor damage to the vehicles.  Plaintiff did not report any injury at the scene but began treating within the week for shoulder pain he related to the accident.  He ultimately underwent right shoulder surgery and several months of physical therapy.  There was no evidence of any prior right shoulder problems and plaintiff incurred just over $88,000 in medical bills.  He had abandoned his previous claim for lost wages by the time of trial.  Plaintiff asked the jury to award over $690,000 for special damages and past/future pain and suffering.  The defense relied upon expert review of MRIs and surgical images that indicated most of the findings in plaintiff’s shoulder were due to wear and tear or otherwise pre-dated the accident.  Following four (4) hours of deliberation, the jury returned a verdict of $55,000.

Hilliard Castilla and Taylor Ward recently secured a defense verdict on behalf of their client in Gwinnett State Court.  This was a classic “who ran the red light?” case where four (4) plaintiffs alleged that the defendant disregarded the traffic signal and caused a significant collision.  Plaintiffs claimed significant injuries, the most serious being a torn rotator cuff.  By pointing out inconsistencies in plaintiffs’ description of how the accident occurred, Mr. Castilla was able to draw their credibility into question.  The jury deliberated almost two (2) hours before returning with their verdict in favor of an understandably jubilant defendant.