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.

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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 […]

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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.  

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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.

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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.

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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.

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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.

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After a 2 day trial in Dekalb County, Ben Harbin obtained a favorable outcome for his client. The case involved an admitted fault auto accident. Plaintiff claimed past medical specials of $117,000. The plaintiff took introduced the testimony of two (2) treating orthopedists. At the close of trial, the plaintiff asked the jury to award past medical specials of $117,000 and a reasonable amount for pain and suffering. The plaintiff’s last pretrial demand was for $100,000. The jury ultimately returned a verdict for $37,500.

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On January 12, 2024, following a four (4) day trial, a Chatham County jury returned a defense verdict. Plaintiff claimed past medical specials of $279,000 which included a neck surgery and $51,000 in future medical expenses. The case resulted from a 2018 car accident involving a minor rear-end impact. Plaintiff was also involved in a subsequent accident three (3) months after the subject accident. The defendant admitted fault but disputed that the accident caused the extent of injuries the plaintiff claimed. Mr. Parker successfully impeached the plaintiff on cross-examination as to statements made at her deposition and in her medical records that showed her claims of severe injury had been greatly exaggerated.  In closing argument, Mr. Meyer asked the jury to award an amount that would compensate plaintiff for the early days of her treatment.  The plaintiff introduced testimony from multiple witnesses including two (2) of her treating physicians and a biomechanical expert. The defense introduced testimony from an orthopedic surgeon to counter plaintiff’s expert testimony about the severity of her injuries. Plaintiff asked the jury to award over $1,300,000 in damages. The defendant’s pre-suit statutory Offer of Settlement was $70,000.

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On November 30, 2023, following a three (3) day trial, a Fulton County jury returned a verdict for the plaintiff of just $17,315.  This amount was well below the $152,000 in past medical bills and $97,000 surgical estimate the plaintiff presented.  The case resulted from a 2019 car accident involving a moderate rear-end impact with airbag deployment.  The named defendant admitted fault but disputed that the accident caused the extent of injuries the plaintiff claimed, including herniated cervical discs and a torn rotator cuff.  Ms. Rice’s client elected to defend as the named defendant at trial.  Ms. Rice successfully impeached the plaintiff on cross-examination as to statements made at deposition and in her medical records that showed her claims of severe injury had been greatly exaggerated.  Ms. Rice also introduced images and videos plaintiff had posted to her social media account showing that she continued to engage in her usual daily activities after the accident.  In closing argument, Ms. Rice asked the jury to award an amount that would compensate plaintiff for the early days of her treatment.  The plaintiff introduced testimony from eight (8) witnesses and asked the jury to award over $2,000,000 in damages.  The named defendant’s pre-suit offer was $20,000.  The jury’s verdict will result in no exposure for Ms. Rice’s client

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After a two (2) day trial, Justin Sanders convinced a Clayton County jury to award plaintiff less than our pretrial offer. This was an admitted fault case. Plaintiff had $29,000 in bills for soft tissues injuries just prior to a subsequent accident. Plaintiff attempted to claim that she had a broken foot, however, Mr. Sanders was able to prove that records from the emergency room showed that she had no fractures. An MRI also confirmed plaintiff had no fractures. The court improperly excluded the defense expert the morning of trial. At closing, plaintiff’s counsel asked a jury to award $500,000, which included $500 an hour for pain and suffering. The defendant’s $25,000 liability limits had been tendered for a limited liability release. There was an additional $100,000 in UM coverage. Prior to trial, the UM carrier last offered $25,000. Mr. Sanders asked the jury to award what was reasonable, between $45,000 and $50,000. The jury awarded plaintiff $40,000 which means that the UM carrier will only have to pay $15,000.

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Ben Harbin obtained a defense verdict in Gwinnett County.  This was an admitted fault case where plaintiff alleged $107,000 in medical expenses that included a wrist surgery. Mr. Harbin represented the UM carrier and was the sole and lead counsel at trial for the defense.  The liability carrier had already tendered the defendant’s $25,000 liability limits for a limited liability release. Plaintiff had expert testimony linking the wrist surgery to the accident.  Mr. Harbin was able to impeach the plaintiff regarding a subsequent accident, a prior wrist injury, and plaintiff’s memory of the position of his wrist during the accident.  The jury returned a verdict for the plaintiff of $20,000. This was was less than liability limits paid, meaning the UM carrier paid nothing.  Plaintiff’s lowest demand was $200,000.

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Attorneys Alexandra Svoboda and Jacob O’Malley secured a defense verdict in DeKalb County following a three-day trial on October 24, 2023.  The case involved a 2018 automobile accident where Defendant admitted to negligence after rear ending plaintiff’s vehicle.  Plaintiff alleged injuries to her head, neck, right shoulder, bilateral hips, and knees.  She incurred $68,000.000 worth of past medical specials, and presented a life care planner estimate for a rotator cuff surgery in the amount of $71,000.00.  She admitted to a 2017 collision after which she treated at all of the same providers and hired the same attorney as in the present case.  Plaintiff submitted into evidence medical records, vehicle photos, the police report, the surgery estimate, and the 1946 actuarial table.  Plaintiff also called a biomechanic expert and plaintiff’s treating orthopedist.  The defense was able to impeach and discredit Plaintiff on not only her injuries, but how the collision occurred (plaintiff just refused to agree to a straight-forward rear-end collision).  Plaintiff asked for an award of $1M.  Ms. Svoboda argued to the jury that they should award something more reasonable, such as plaintiff’s emergency room bill, some soft tissue care, and some pain and suffering to account for that care. After about 45 minutes of deliberation, the jury returned a defense verdict.  Before trial, Plaintiff’s last demand was for $200,000.00, The offer in response was $20,000, in the form of a statutory offer of judgment.

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Ben Stahl obtained a favorable verdict in Forsyth County following a one-day trial on October 2, 2023.  The case involved a 2018 automobile accident where Defendant admitted to negligence after rear ending plaintiff’s vehicle.  Plaintiff alleged injuries to his lower back.  Plaintiff’s treatment included chiropractic therapy for his lower back and one epidural steroid injection.  Plaintiff’s medical expenses amounted to $16,000.33.  However, just two months before this accident, Plaintiff had been treating for identical injuries from a prior accident.  Plaintiff submitted into evidence only the photographs of the accident, records from the chiropractor and the bill for the injection.  The defense was able to impeach and discredit Plaintiff using deposition testimony and refreshing his recollection of the prior similar accidents and identical claims of injury.  The defense was also able to exclude causation narratives contained within Plaintiff’s chiropractor records.  Plaintiff asked for an award of medical specials plus an additional $40,000 for pain and suffering.  Before trial, Plaintiff’s last demand was for about $32,000, while the last offer was $16,000.  After about two hours of deliberations, the jury returned a verdict for $16,000.33.

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On August 25, 2023, a Cobb Superior Court jury returned a verdict in favor of Ashley Rice’s client after four (4) days of trial.  The lawsuit involved an admitted fault 2019 rear-end accident that resulted in very little property damage to the vehicles.  Plaintiff reported no injury at the scene and proceeded to complete a full day of work at his physically demanding job.  He admitted to a prior lumbar fusion over twenty (20) years earlier but denied any significant lower back problems since that time.  Nine (9) days after the accident, plaintiff began treating for lower back pain that was shooting into his legs.  He underwent months of physical therapy and epidural steroid injections before undergoing an adjacent fusion surgery to L4-5.  Plaintiff presented $305,000 in medical bills and sought over $40,000 in lost wages.  Ms. Rice argued that plaintiff had not been honest about his pre-accident lower back pain and treatment in the years since his initial fusion surgery and that the charges for the healthcare services he received were far in excess of their reasonable value.  Both parties presented testimony of multiple experts on the disputed issues of causation and damages.  Plaintiff had declined a $50,000 offer of settlement pre-trial and requested the jury award $727,000.

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On August 23, 2023, Kevin Reardon and Andrew Panella obtained a defense verdict in the Superior Court of Rabun County for their client who admitted fault for causing the accident.  On the day of the accident, plaintiff treated at the ER and was then transported to another medical center for surgery to repair an aortic tear allegedly caused by the accident.  At trial, plaintiff asserted injuries to his heart as well as life altering depression.  Asserted medical specials were $370,000, all for treatment within three (3) days of the accident.  Plaintiff’s counsel asked for a jury award of all of plaintiff’s medical specials as well as an award for general damages. On cross-examination at trial, defense counsel successfully impeached plaintiff numerous times by effectively utilizing plaintiff’s prior deposition testimony and pre-accident medical records.  Further, the defense focused on the insufficiency of medical evidence presented by plaintiff to meet the burden of proof as to causation of his asserted injuries. After deliberating for forty (40) minutes, the jury returned a verdict in favor of defendant.  

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Justin Sanders obtained a defense verdict in Cobb County following a one-day trial on August 21, 2023. The case involved a 2018 automobile accident where the defendant admitted to negligence after rear ending plaintiff’s vehicle. Plaintiff alleged injuries to his neck and back; however, his most significant injury was to his left pinky. Plaintiff was a professional musician. Plaintiff’s treatment included chiropractic therapy for his neck and back, physical therapy for his left pinky, and a cortisone injection for the left pinky following an MRI. Plaintiff’s medical expenses amounted to just over 22,000. Plaintiff submitted to the jury two medical narratives, one from the chiropractor and one from his orthopedic doctor, relating the injuries to the accident. The defense introduced pictures of the vehicles, showing minor damage, and crossed plaintiff on the mechanism of his finger injury. Plaintiff was also impeached with his prior deposition testimony after failing to recall he was diagnosed with gout prior to the accident. As for the medical narratives, the defense argued the opinions were solely based on what plaintiff told his providers. Plaintiff asked for an award that would be fair and reasonable with a suggestion of four times his medical expenses. After an hour of deliberations, the jury returned a defense verdict.

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Ben Harbin obtained a favorable result in Jackson County. After a 2 days trial, a jury awarded the ER bill only ($1,809) to plaintiff. This was an admitted fault case with minimal damage. Plaintiff had around $34,000 in medical bills. Plaintiff had his doctor testify via video deposition about plaintiff’s soft tissue injuries and need for injections. Plaintiff asked the jury for $95,000.  This was a situation where the jury was hung for most of deliberations with one person who was a holdout. The judge dismissed the holdout juror (who happened to be the foreperson) by consent of plaintiff and plaintiff’s counsel and the jury then returned a favorable verdict within 15 minutes. Plaintiff last demanded the medical specials and the last pre-trial offer was $12,000.

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Justin Sanders obtained a defense verdict in Fayette County on July 18, 2023, following a two day jury trial. The case involved a 2016 accident with minor property damage. Defendant admitted fault for the accident and the case was defended on the issues of causation and damages. Plaintiff alleged neck, back, and wrist injuries with medical expenses that amounted to $41,500. The treatment included chiropractic therapy, physical therapy, and a lumbar injection. Plaintiff acknowledged a prior neck injury that occurred about ten years ago; however, he was unsure whether he had a prior back injury from that same prior accident. Plaintiff also contended a prior left wrist injury was exacerbated due to the accident. In addition to plaintiff’s own testimony, plaintiff had one of his treating physician’s testify by evidentiary deposition, who related plaintiff’s pain to the accident. Plaintiff was successfully impeached on the stand with his prior deposition testimony and the cross-examination of the treating physician showed her determination was made solely on plaintiff’s subjective complaints of pain and what he told her. Plaintiff asked the jury for an award between $75,000 and $100,000. After thirty minutes of deliberations, the jury returned a verdict in favor of the defendant.

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Alexandra Svoboda was able to bring in a jury verdict under the last pre-trial offer on July 13, 2023 in DeKalb County, following a two day trial.  This was a stipulated negligence rear-end case which totaled both vehicles.  The plaintiff alleged neck, shoulder, back injuries, and concussion that caused severe dizziness and vertigo.  Plaintiff treated with a neurologist and vestibular therapist for the vertigo.  Plaintiff played the video-taped deposition of Dr. Peggy Marbach at trial. Medical bills and alleged lost wages totaled roughly $58,000.00.  Plaintiff had also been in a collision about two months before the subject collision.  The concussion treatment started after the second collision.  Attorney Svoboda successfully argued to the jury that causation of the concussion had not been established, and that the cost of the concussion treatment should be split between the two collisions.  Plaintiff asked the jury for $500,000.00.  The jury deliberated for approximately one hour and returned a verdict for $40,386.79.  The last offer given to plaintiff before trial was $50,000.00.  There are no appealable issues for either party.

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Sarah Britt and co-counsel Blake Durham secured a defense verdict in Gwinnett County on July 12, 2023 following a three-day jury trial. This was a disputed fault case following a multi-car accident on the downtown connector in 2018. The accident involved two (2) impacts and significant property damage. Multiple people, including plaintiff, were transported to the ER from the accident scene. Plaintiff alleged soft tissue neck and back injuries for which she incurred approximately $25,000 in medical expenses. It was undisputed that the defendant was traveling in the lane to the left of the stalled vehicles. As the defendant was approaching the stopped vehicles, a non-party swerved into his lane to avoid the accident ahead of him. Defendant struck the non-party’s vehicle and pushed it into the plaintiff’s vehicle causing a second impact. Plaintiff originally sued the defendant as well as the taxi company for whom he was working and John Doe. However, she dismissed and re-filed to take advantage of the Alston & Bird v. Hatcher ruling on apportionment. In the re-filed suit, plaintiff only sued the defendant driver who had been in the left lane (and not the non-party driver who swerved around the accident). The jury deliberated for one (1) hour before determining the non-party was at fault for the accident and created a sudden emergency for the defendant. The jury returned a straight defense verdict.

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Steven Wilson obtained a favorable verdict for his client after a three-day jury trial in Fulton County State Court. The case was one of disputed fault in which defendant made a left turn and was T-boned by plaintiff.  The jury apportioned 30% fault to plaintiff due to evidence that he saw defendant several seconds before the accident but took no action to avoid it. Plaintiff’s primary complaints from the accident were low back pain and right leg sciatica. Notably, plaintiff had a prior low back injury that resulted in limited treatment and an MRI approximately seven months before the accident involving defendant. Throughout the trial, plaintiff portrayed this prior low back injury as a minor injury that had resolved.  After the accident, plaintiff treated with an orthopedist for three months before being discharged at maximum medical improvement and with zero disability. After the initial three-month period of treatment, plaintiff experienced several recurrences of low back pain and right leg sciatica that he related to the accident with defendant. The recurrence of symptoms resulted in additional medical treatment by plaintiff. Total medical bills were approximately $49,000. At the conclusion of plaintiff’s case, the court granted defendant’s motion for directed verdict on plaintiff’s claim for future medical expenses. The last demand prior to trial was $425,000, while the last offer was $51,000. At trial, plaintiff asked the jury for an award of $550,000.  The defense asked the jury to award plaintiff no more than $11,500. After approximately two hours of deliberations, the jury […]

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Personal Injury

In early 2019, Matt Hurst began defending a case in which his client was alleged to have caused an automobile accident while DUI (and accused to have fled the scene). Further complicating things was the fact that Plaintiff was an attorney, and the owner of a personal injury law firm. Though the bodily injury suffered by Plaintiff was extremely minor, the facts of the case made it such that there was a substantial risk that a very large punitive damages verdict might be returned. Plaintiff, in an attempt to maximize her recovery, attempted to file separate and distinct lawsuits in separate Courts. Plaintiff filed a Pro Se Complaint in Magistrate Court to recover for bodily injury (which included a substantial lost wage component) and hired counsel to file her claim for property damage and punitive damages in State Court. Plaintiff’s last demand for her case involving punitive damages was for $100,000.00. In preparing his defense, Matt Hurst noticed that though each Complaint had a very different focus, they both contained the same factual allegation, namely that “Defendant struck Plaintiff’s vehicle, causing bodily injury and property damage.” Based upon this shared allegation, Matt Hurst was able to resolve the Magistrate Court action and then move to have the remaining action dismissed due to the claims having already been adjudicated. The trial court granted the motion, and Plaintiff appealed. On June 6, 2023, the Court of Appeals issued an Order affirming the dismissal of Plaintiff’s lawsuit.

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Personal Injury

At the end of a two-day trial, WACHP Associate Attorneys John Brogdon and Benjamin Stahl secured a favorable verdict for their client in DeKalb County State Court.  The client admitted fault for a minor collision with minor damage to both vehicles.  Plaintiff alleged that he sustained a knee injury which required surgery.  However, MRI images indicated that the knee injury pre-existed the accident and was degenerative in nature.  Additionally, Plaintiff did not present to any medical provider for six-days after the accident until he called a personal injury lawyer and was referred to a chiropractor.  The jury determined that some injury pre-existed the accident but declined to award plaintiff the full value of his medical bills.  Although plaintiff’s counsel asked for one-dollar short of $100,000, the jury awarded plaintiff $18,500 (less than half of plaintiff’s medical specials and lost wages).

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Personal Injury

Ashley Yagla secured a defense verdict in Bulloch County following a three-day jury trial on May 3, 2023. This was a case of disputed fault with virtually no damage to the plaintiffs’ vehicle. Defendant denied that an impact occurred with the plaintiffs’ vehicle altogether. Plaintiffs alleged neck, shoulder, and back injuries, which resulted in treatment at an emergency room, a chiropractor, and a pain management clinic.  Plaintiffs called several witnesses in their presentation of their case, including a treating physician and physical therapist who related plaintiffs’ injuries and need for treatment to the alleged accident with the defendant. In closing, the plaintiffs asked the jury for awards of $224,000 and $54,000. The jury deliberated for less than one hour and returned a verdict in favor of the defendant. Prior to trial, offers of approximately $9,000 were extended to each of the plaintiffs.

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Senior Associate Kayla Bell secured a win for an automotive repair company after a two (2) day trial in Houston County. Plaintiff had brought claims under the Georgia Fair Business Practices Act, which would have allowed for treble damages, as well as punitive damages. The Court granted defendant’s Motion for Summary Judgment on those claims prior to trial. Pre-trial, the Court also ruled in favor of defendant’s Motion for Sanctions, finding plaintiff had destroyed or failed to preserve evidence. At trial, Kayla obtained a directed verdict as to plaintiff’s tort claim, leaving only a breach of contract claim for the jury to consider. After just 20 minutes of deliberation, the jury returned a verdict of $2,000, which will be offset by enforcement of a statutory Offer of Settlement that leaves plaintiff on the hook for the corporate defendant’s attorney’s fees. 

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Personal Injury

After a two (2) day trial, Carolyn Lee received a defense verdict in Hall County. This was an admitted fault case with $53,053.80 in medical specials and minimal damage. Plaintiff alleged soft tissue neck and back injuries that required injection procedures. Carolyn was able to impeach plaintiff about a prior accident where he hit a median wall and was taken by EMS and treated with a chiropractor. Plaintiff’s counsel mentioned this impeachment in opening statements to attempt to lessen the blow, however, Carolyn did a great job showing the jury that plaintiff recalled other injuries such as a middle school injury and not this accident.  At trial, plaintiff also testified that he never missed work as a result of the accident, but plaintiff’s sister testified that he missed months of work. The defense retained a billing expert to review the orthopedic bills since they accounted for $44,000 of plaintiff’s specials. The expert testified as to the reasonable and customary rates of the procedures.  Prior to trial, the defense offered $30,000. Plaintiff’s last demand was $50,000.

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Personal Injury

Associate John Brogdon prevailed in a two (2) day jury trial in Gwinnett County.  The personal injury case stemmed from a 2019 admitted fault rear-end accident.  Plaintiffs were a mother and her teenage daughter.  Damage to the vehicles was minimal but plaintiffs sought emergency room treatment later that day.  Thereafter, they treated with the same chiropractors and underwent MRIs and pain management injections.  Plaintiffs presented combined healthcare bills of approximately $35,000, with the defense successfully excluding evidence of plaintiffs’ MRI charges.  The combined pre-suit offers were $12,000 and the jury awarded a combined verdict to plaintiffs of just under $11,000.

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Personal Injury

On February 8, 2023, after a three (3) day trial,  Jonathan Adelman and Carolyn Lee obtained a defense verdict on behalf of an insured who admitted wrongdoing in causing a collision which pushed plaintiff’s vehicle off the road and into a ditch.  Plaintiff was transported from the scene by ambulance and then began a nearly four (4) year course of treatment involving injections, radiofrequency ablations, and shoulder surgery.  Plaintiff was also recommended for a lumber fusion.  At trial, plaintiff had three (3) medical experts and one (1) functional capacity evaluator provided expert testimony that the accident caused plaintiff’s injuries and that plaintiff was permanently disabled.  Plaintiff also had the investigating officer and plaintiff’s family members testify live at trial.  Through the course of discovery, significant evidence of both prior and subsequent similar claims was discovered.  On cross-exam, plaintiff was successfully impeached more than ten (10) times.  Plaintiff presented evidence of $400,000 in medical expenses, and opposing counsel asked the jury to award $2,000,000 or more.  The insurance company did not accept the pre-trial policy limits demand of $250,000 and offered $100,000.

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Personal Injury

Associate Ellen Lu successfully argued to the Georgia Court of Appeals that summary judgment had been properly entered in favor of her client on the issue of negligence.  The case resulted from a 2020 motor vehicle accident.  Ms. Lu’s client had just entered the center turning lane ahead of a busy intersection, where he intended to turn left.  At the same time, plaintiff was attempting to turn left from a private parking lot across two lanes of traffic and the center turning lane that Ms. Lu’s client had just entered.  While traffic had stopped in the two (2) straight lanes to allow plaintiff through, Ms. Lu’s client did not see her vehicle entering the turning lane in time to avoid the collision.  Plaintiff argued that Ms. Lu’s client was speeding and/or improperly entered the center turning lane more than 300 feet ahead of where he intended to turn, in violation of O.C.G.A. § 40-6-126.  The trial court determined that despite having retained an accident reconstructionist, plaintiff presented insufficient evidence to create a genuine issue of material fact on the issue of negligence.  The Court of Appeals affirmed.  The unreported case is Davis v. Johnson, Appeal No. A22A1625.

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Personal Injury

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.

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Personal Injury

Ashley Yagla secured a defense verdict in Gwinnett County following a two-day jury trial on January 12, 2023. Prior to trial, plaintiff refused to reduce his demand below the $25,000 policy limits. Plaintiff claimed the defendant rear-ended his vehicle, which forced plaintiff to slam into another vehicle. Defendant admitted fault for the underlying accident, which caused significant damage to plaintiff’s and defendant’s vehicles. Plaintiff treated for two months for his alleged neck, back, shoulder, and knee injuries. At trial, the defense succeeded in excluding from evidence plaintiff’s medical records and largest medical bill. Plaintiff was impeached on several occasions regarding prior automobile accidents, prior injuries, and the fact that he was no longer suffering from any physical limitations from this accident. Ms. Yagla successfully argued that despite defendant admitting fault for the accident, plaintiff failed to carry his burden of proving the subject accident caused the injuries complained of. The jury deliberated for approximately one hour and returned a verdict in favor of the defendant.

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Personal Injury

Carolyn Lee secured a favorable verdict on behalf of a UM carrier in the State Court of Gwinnett County.  The admitted fault case involved a 2018 automobile accident with significant damages to the plaintiff’s vehicle.  The plaintiff sustained a partial torn ligament in his thumb that required a surgery.  The plaintiff argued that the thumb injury was permanent and argued that their daily activities would be forever changed as the result of continuing issues with their injury.  The plaintiff also introduced the trial deposition of his surgeon, who related the plaintiff’s injury to the accident.  The total UM policy exposure was $750,000, and the plaintiff asked the jury to award $3,000,000 in pain and suffering.  Prior to trial, the UM carrier offered $60,000 to settle the lawsuit. After an hour of deliberation, the jury returned a verdict of just $60,000, the amount suggested by the defense.  Carolyn Lee was able to impeach the plaintiff regarding his physical limitations, including but not limited to impeaching the plaintiff with deposition testimony that proved to the Gwinnett County jury that the plaintiff was no longer suffering any physical limitations. Prior to the verdict, the plaintiff received $25,000 from the at-fault party. Due to prior payments by the UM carrier, the payments were reduced to zero.

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Personal Injury

Justin Sanders successfully tried a two-day trial to verdict on behalf of a UM carrier. After deliberating for four hours, a Fulton County jury only awarded the plaintiff $25,000, despite introduction of $55,000 in healthcare specials. Prior to trial, the liability carrier had paid its limits of $50,000. The case involved a 2017 automobile accident with moderate damage. Plaintiff sought treatment the day of the accident at an emergency room and subsequently had steroid injections for her cervical spine as well as injections for both elbows. While fault for the accident was admitted, Mr. Sanders argued that the plaintiff failed to carry her burden of proof on issues of causation and damages after successfully impeaching the plaintiff on issues pertaining to prior neck pain and treatment. Plaintiff introduced into evidence the evidentiary depositions of two physical therapist but introduced only medical records and no testimony from a medical doctor. The total exposure to the UM policy was $200,000. Due to the payment of the liability limits, the verdict will be reduced to zero.

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Personal Injury

Following a 2 day trial in Fayette County, jurors returned a defense verdict for Ashley Rice’s client.  The case arose from a rear-end auto accident in 2018.  Although plaintiff reported no injury at the scene, she began treating that day and ultimately underwent two epidural steroid injections to her cervical spine.  Plaintiff introduced healthcare damages in excess of $33,000.  Pre-trial, a court-ordered judicial evaluation conference had resulted in a non-binding verdict for plaintiff of $60,000.  At trial, however, Ms. Rice successfully argued that plaintiff failed to carry her burden of proving that the relatively small impact was the cause of the injuries plaintiff claimed.  The jury deliberated for less than an hour.

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Personal Injury

After a 3 day trial, Rakhi McNeill and Dan Prout secured a favorable verdict for their client in Cobb County State Court.  The case involved an admitted fault, head-on collision.  Plaintiff fractured a bone in her hand that required surgery.  Plaintiff claimed a permanent injury/disability to her hand as a result of the accident.  At trial, plaintiff withdrew her claim for economic damages asked to jury to award in excess of $1,000,000 for pain and suffering.  Plaintiff also requested that the jury find the defendant liable for attorney’s fees and bad faith pursuant to OCGA 13-6-11.  The jury returned a verdict of $100,000 for plaintiff and did not find the defendant acted in bad faith or was liable for plaintiff’s attorney’s fees.

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Personal Injury

Steve Wilson successfully convinced a Gwinnett County jury to award less than the defense’s pre-trial settlement offer and significantly less than the amount demanded in an admitted fault roll-over accident in Gwinnett County.  There were significant gaps in plaintiff’s medical treatment and multiple instances of plaintiff being non-compliant with her doctor’s treatment recommendations.  Plaintiff alleged total medical bills of $20,498.29 in addition to $1,350 for the lost cost of a business trip.  Plaintiff initially brought a claim for lost wages, but abandoned that claim before trial due to a lack of supporting evidence.  The plaintiff’s last demand before trial was $150,000, and the defendant’s insurance carrier offered $50,000.  Plaintiff asked the jury to award between $175,000 and $250,000.  After one (1) hour of deliberations, a jury agreed with Mr. Wilson and awarded $45,000.

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Personal Injury

Casey Brown secured a defense verdict in Dekalb County after a two day trial on October 10, 2022. Plaintiff claimed that defendant caused a motor vehicle accident after running a stop sign resulting in permanent injuries to the plaintiff. Defendant denied running a stop sign and contended that plaintiff failed to yield the right of way while turning left. Both parties lived within walking distance of the intersection and agreed that it was a “bad intersection.” Plaintiff identified four alleged eyewitnesses to the accident during discovery including plaintiff’s wife and another relative. However, plaintiff’s wife was the only witness to testify at trial. Plaintiff also called his treating physiatrist as a witness to speak to the permanency of his injuries. During trial, plaintiff’s credibility became a central issue as both plaintiff and his wife were repeatedly impeached on both the cause of the accident and the alleged permanence of plaintiff’s injuries. The jury returned a defense verdict within two hours. The jurors believed that plaintiff failed to meet his burden of proof on fault instead believing that “accidents happen” especially at bad intersections.

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Personal Injury

After a 3-day trial in Fulton County State Court, Rakhi McNeill secured another excellent result for her clients.  After deliberating for an hour, the jury returned with a verdict for plaintiffs for a fraction of the amounts previously offered.  Plaintiffs (husband and wife) alleged permanent neck, back, and shoulder injuries from a minor car accident in which the defendant admitted fault.  Prior to trial, each plaintiff claimed more than $40,000 in treatment.  The defendant’s liability carrier settled on behalf of the defendant prior to suit being filed.  The case proceeded to trial for plaintiffs to recover from their underinsured motorist carrier.   The demands prior to trial were $74,000 for each plaintiff on the UM policy.  The jury returned with a verdict of $5,750 for the husband and $5,400 for the wife.  Given the pre-suit payment by the liability carrier, the verdict will be reduced to zero dollars.

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Personal Injury

After a two day trial, a Cobb jury awarded $500, the exact amount attorney Ben Harbin asked the jury to award. This was an admitted fault reared accident. The plaintiff treated extensively for herniated discs in the both her neck and low back. Plaintiff presented past medical specials of $40,000. She also introduced a medical narrative with a cervical discectomy recommendation. The plaintiff’s lowest pretrial demand was $45,000.

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Personal Injury

Rakhi McNeill secured another defense verdict in Cobb County following a two day trial on September 1, 2022.  Plaintiffs were a mother and daughter who claimed mostly soft tissue injuries following a minor accident where the defendant admitted fault.  Both waited two weeks before seeking any treatment.  One plaintiff claimed three (3) months of chiropractic care and medical bills totaling $8,500.  The second plaintiff claimed a concussion in addition to her soft tissue injuries and received chiropractic, orthopaedic, and physical therapy treatment.  She alleged $30,000 in medical specials, future damages for continuing injuries, and pain and suffering for the rest of her life.   After deliberating for 40 minutes, the jury returned with a verdict in favor of the defendant as to both plaintiff’s claims.  The jury agreed that plaintiffs failed to meet their burden of proof and did not believe that plaintiffs could have been injured in such a minor accident.

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Personal Injury

After a three day trial, a Dekalb County jury returned with a defense verdict in favor of Jonathan Adelman’s client.  Following a collision, plaintiff sought treatment for a right should injury and underwent shoulder surgery at the hand of the lead orthopaedic surgeon for one of Atlanta’s professional sports franchises.  The surgeon related the injury and the surgery to the accident based upon what plaintiff told him about the onset of his symptoms.  During trial, plaintiff’s credibility became a central issue, and he was repeatedly impeached.  Although the jury determined that the defendant was negligent, it still found in her favor.  Plaintiff refused to entertain any settlement offers for less than the policy limits.  Plaintiff’s counsel asked the jury to return with a verdict in the amount of $356,000.  The jury took less than one hour to return with a defense verdict.

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Personal Injury

Following a two (2) day trial in Cobb County, Ashley Rice secured a defense verdict in an admitted fault case from a rear-end motor vehicle accident.  The plaintiff introduced bills totaling $37,000 and underwent five (5) months of chiropractic and orthopedic treatment, including facet joint injections.  The jury agreed with the defense that the plaintiff failed to meet her burden of proving that the relatively small accident was the proximate cause of the claimed injuries.  Pre-suit, the plaintiff had demanded $100,000.

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Personal Injury

Following a 2-day trial, attorney Alexandra Svoboda secured a favorable verdict for her client in Cobb State Court.  The defendant admitted fault for causing a rear end collision with minor damage to both vehicles.  Plaintiff had been in a more significant collision six days before the collision with defendant, but testified he was not hurt in that prior collision.  However, the photographs of that collision and his medical records from the collision with defendant indicated he may have been hurt in the prior collision, and the jury believed he probably was hurt in the prior collision.  In addition, plaintiff was non-compliant with much of his therapy treatment plan, and appeared to “doctor shop,” eventually receiving several injections and medial branch blocks to the tune of $75,000.00.  The jury awarded him his ER bills plus some amount of therapy to account for some aggravation of the likely prior injuries from the six- day prior collision, for a total of $11,000.00.  They did not award plaintiff any pain and suffering.

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Personal Injury

Following a 2-day trial, attorney Alexandra Svoboda obtained a defense verdict for her client in Fulton Superior Court.  The case involved disputed fault between two drivers, including the driver of the vehicle that the plaintiff was a passenger in.  Plaintiff chose to only sued one driver.  It is unknown why he did not sue the other driver.  Plaintiff presented medical bills of approximately $22,000 and alleged neck and back injuries, including a disc protrusion.  Plaintiff had already settled or $25,000 with the liability carrier prior to trial and was offered another $25,000 from the UM carrier prior to trial, which he rejected.  The jury found that plaintiff did not meet his burden of proof on which driver breached their duty toward plaintiff, and found for the defendant.

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Personal Injury

Plaintiffs brought a first party claim for comprehensive coverage against their insurer from an alleged 2020 fire loss involving a luxury vehicle.  The insurer had previously denied the claim due to material misrepresentations plaintiffs made during the claim investigation.  Ashley Rice defended the insurer, uncovering additional misrepresentations by plaintiffs and grounds for a judicial estoppel defense during the course of discovery.  Pre-trial, the Court had granted the insurer’s motion for partial summary judgment on the issue of bad faith.  In July, 2022, the case proceeded to trial before Cobb County State Court Judge John S. Morgan.  Finding that plaintiffs had taken inconsistent positions in a bankruptcy proceeding filed before the loss that were calculated to make a mockery of the judicial system, the Court entered judgment for the insurer.  The Court further found that plaintiffs failed to present credible evidence as to the value of the vehicle, their finances, and the circumstances surrounding the fire.

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Personal Injury

Following a 2 day trial, attorney Ben Harbin obtained a defense verdict in Henry County. The case involved an admitted fault rear end accident.  The plaintiff presented medical bills totaling $15,000 and argued the accident caused a meniscus tear.  Plaintiff admitted having a prior history of knee pain but related the meniscus tear directly to the accident. A post accident MRI showed a meniscus tear.  Defense argued that the meniscus tear was a degenerative tear rather than an acute tear. After 20 minutes of deliberation the Jury asked if they could award the defendant attorney’s fees and defense costs.

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Personal Injury

On September 30, 2021, following a 3 day trial, a Douglas County jury returned a defense verdict.  Ben Harbin tried the case which involved a multi-vehicle accident.  The plaintiff did not complain of injury at the scene and there was minor damage to his vehicle.  However, plaintiff immediately began treating with a chiropractor and incurred medical bills in excess of $43,000.  The plaintiff asked for a verdict of $60,000, he rejected a pre-trial settlement offer of $15,000.

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Personal Injury

After a one-day trial, a DeKalb County jury returned a defense verdict in eight (8) minutes.  Brian F. William was able to convince a jury that plaintiff’s alleged concussion claims from a minor admitted fault automobile accident were not credible.  Plaintiff alleged $11,752 in medical bills and asked the jury for $130,000 during closing arguments.  Plaintiff rejected a $13,500 pre-trial offer.

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Personal Injury

After a four (4) day trial, Brian McCarthy secured a very favorable jury verdict in the Superior Court of Newton County.  This case involved an admitted fault rear-end accident.  Plaintiff claimed serious spine injuries, receive multiple spine injections, underwent a three (3) level cervical fusion, and had a spinal cord stimulator implanted.  Plaintiff claimed that his injuries left him totally disabled and unable to return to his job as a baggage handler.  Plaintiff’s trial evidence included two (2) surgeons, one (1) pain doctor, one (1) vocational expert, and one (1) economist.  Plaintiff blackboarded special damages in the amount of $1,650,000 (approximately $460,000 in medical bills; $760,000 in future lost wages; $250,000 in future medical bills; and $180,000 in lost wages) and requested the jury to return a verdict of $4,000,000.  During closing arguments, the defense requested the jury either return a defense verdict or a verdict of $50,000.  After approximately two (2) hours of deliberation, the jury returned a verdict for plaintiff in the amount of $50,000, well under the pre-trial offer.

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Personal Injury

On August 30, 2021, Kayla Bell defended the estate of a defendant who passed away prior to trial. Plaintiff alleged injuries to her neck and shoulders, as well as low back pain that she testified she still experienced as a result of a minor accident in 2016. A Fulton County jury awarded plaintiff $3,274.51, less than defendant’s last offer and well below the more than $20,000 plaintiff asked the jury to award. Ms. Bell was able to impeach plaintiff regarding a prior accident and subsequent injuries and successfully argued for more than $7,000 in medical bills to be excluded from evidence. The deceased defendant’s granddaughter attended trial and was pleased with the rigorous defense mounted on behalf of her grandfather’s estate.

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Personal Injury

Rakhi McNeill has successfully tried the first case post-pandemic for the firm. This was a minor accident where plaintiff alleged $30,000 in medical bills plus $8,700 in lost wages. Our client was pregnant and therefore, did not appear at trial. However, her mother, also a defendant, was present. After a day of jury selection, a lengthy one-day trial, and 35 minutes of jury deliberation, the Wilkinson County jury awarded only $11,000, just slightly more than defendant’s last offer. Plaintiff’s last demand was $50,000.

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Personal Injury

On March 8 and March 9, 2020, Taylor Barnett successfully defended a case involving an admitted liability, rear-end accident.  Both plaintiffs were transported from the scene via ambulance.  Plaintiffs introduced the testimony of their treating chiropractor and orthopedist, both of whom related their alleged injuries to the accident.  Both plaintiffs’ MRIs showed multiple bulging discs.  Ultimately, plaintiffs presented evidence of approximately $49,000 in medical bills and $6,700 in lost wages, combined.  In closing, they asked the jury for an award of $80,000.  After a short deliberation, the jury returned a defense verdict as to both plaintiffs.

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Personal Injury

After a four-day trial, Hilliard Castilla obtained a defense verdict in Clayton County for his client. Plaintiff alleged $239,897 in healthcare specials which included a multilevel anterior cervical fusion. Plaintiff’s counsel asked the jury for $959,588 in total damages. Mr. Castilla was able to impeach the plaintiff a number of times. Even though plaintiff had two (2) doctors testify that the fusion was a result of the accident, the jury felt like plaintiff did not come clean regarding his prior injuries.

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Personal Injury

On March 5, 2020, after a two (2) day trial, an Athens-Clarke County jury awarded a plaintiff $16,591.10, which was under the $25,000 liability limits that were already paid.  Matt Hurst tried the case for the defendant. Plaintiff alleged more than $21,000 in healthcare specials and $30,000 in lost wages. Mr. Hurst was able to impeach plaintiff with his employment file to disprove the lost wage claim and had more than $10,000 of the medical bills excluded. The jury did not find plaintiff credible.

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Personal Injury

Marcia Freeman recently obtained a defense verdict in a hotly contested, disputed liability case in Fulton County.  It was a “who ran the red light” case involving a well-spoken, likeable plaintiff with extensive driving experience.   Our insured driver (a minor) had been dismissed pursuant to service and statute of limitations motions. The case continued against the named insured on various agency theories of liability.  Shauna Hill was instrumental at trial in having plaintiff’s investigator excluded and the live chiropractor’s testimony limited.  Plaintiff presented medical special damages, lost wages, and asked for an award for future pain and suffering. After a brief deliberation, the jury returned with a defense verdict.  

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Personal Injury

On January 28, 2020, Rakhi McNeill secured a defense verdict for her client in Floyd County following a two day trial.  Plaintiff was involved in a rear-end accident where the defendant blamed “John Doe” for causing the collision.  She was transported by ambulance to the hospital.  Following discharge, plaintiff treated with her primary care doctor who referred her to a neurologist and pain management doctor for further care.  Plaintiff’s incurred medical bills were $14,000 and she claimed an additional $9,000 in future treatment.  After deliberating for forty minutes, the jury returned a defense verdict for both John Doe and the named defendant.

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Personal Injury

On January 8, 2020, a Cherokee County jury entered a verdict of only $4,546.75 in favor of a plaintiff who sought $37,000 for past medical bills and over $10,000 in lost wages.  Ashley Rice represented the defendant who admitted to striking plaintiff’s vehicle twice in 2016 but contended that neither impact was very hard.  Plaintiff went to the emergency room a few hours after the accident with complaints of neck, left shoulder, and back pain.  A subsequent MRI revealed a left rotator cuff tear.  Plaintiff was recommended for surgery and underwent multiple injections to her spine.  She claimed to have been unable to work for 7 months.  Following a three (3) day trial, the jury’s award represented the amount of plaintiff’s initial emergency room bill.  Before trial, plaintiff demanded $99,000.  Defendant’s highest offer was $11,500.

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Personal Injury

Anthony Matthews successfully defended his client before a Gwinnett County jury, securing a judgement far below the plaintiffs alleged medical charges. The plaintiff introduced evidence of approximately $9,000 in healthcare charges, and claimed injuries to his neck and back from a low speed rear-end accident.  At trial, the plaintiff asked for an award of $18,000 to $27,000. However, the jury only awarded $2,500.

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Personal Injury

After deliberating for 25 minutes, a Gwinnett County jury returned a defense verdict for Anthony Matthews’ client. The plaintiff alleged a broken rib, as well as soft tissue back injuries.  Plaintiff was repeatedly impeached with evidence that his rib injury was pre-existing. At trial, the plaintiff asked for $85,000.

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Personal Injury

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.

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After deliberating for 20 minutes a DeKalb County jury returned a defense verdict for Ben Harbin’s client.  The plaintiff alleged exacerbation of pre-existing injuries after the defendant improperly backed into his vehicle.  Plaintiff refused to acknowledge treating with an orthopedist for similar injuries just days before the accident. At trial, the plaintiff introduced medical bills in excess of $17,000.  The plaintiff asked the jury to award $48,000.

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Personal Injury

On November 12 and 13, 2019, Taylor Barnett successfully defended a UM case before a DeKalb County Jury involving an admitted liability, front-end impact.  Before trial, the plaintiff received $25,000 from the defendant’s liability carrier.  The plaintiff sought to recover $26,352.75 in medical expenses as well as $30,556.81 in lost wages.  Plaintiff’s orthopedist also testified that he would require future medical treatment at a cost of $40,000-$50,000 per year.  Plaintiff ultimately asked the jury to award in excess of $80,000.  After a short deliberation, the jury returned with a nominal verdict of $942.87.

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Ashley Rice successfully defended a UM case before a Fulton County jury, securing a judgment on which plaintiff could not recover from the UM carrier.  Before trial, the plaintiff received $25,000 from the defendant’s liability carrier and sought additional recovery from her underinsured motorist carrier.  The plaintiff introduced evidence of over $45,000 in healthcare charges and claimed injuries to her neck, shoulder, wrist, and back following a low-speed rear-end accident.  On September 27, 2019, a Fulton County jury awarded the plaintiff less than $7,000.  

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After deliberating for twenty-five minutes on August 21, 2019, a Carroll County jury returned a defense verdict for Ashley Rice’s client.  The three day trial focused on whether the plaintiff executed a proper U-turn on the University of West Georgia campus in 2012.  The plaintiff insisted that she initiated the U-turn from the travel lane, but Ms. Rice’s client maintained that the plaintiff had moved into an adjacent bus lane before re-entering the travel lane as she made her turn.  Although the investigating officer found Ms. Rice’s client (a college student) to be at fault, two independent witnesses supported his version of events.  At trial, plaintiff introduced over $16,000 in bills for treatment of her alleged injuries.  She had asked the jury to award $75,000.

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On August 21, 2019, a Cobb County jury returned with a defense verdict for Jonathan Adelman’s client after only forty-five (45) minutes of deliberations.  Plaintiff claimed over $120,000 in medical expenses and $140,000 in lost wages due to an alleged permanent brain injury and cervical injury.  Plaintiff was thrown from his motorcycle following a series of lane changes by both the defendant car driver and plaintiff.  Plaintiff claimed defendant caused the accident.  Defendant claimed otherwise.  Plaintiff had two (2) medical experts testify via video depositions.  On cross-examination, it became apparent that the experts were in the dark regarding plaintiff’s prior medical history.  Likewise, plaintiff’s eyewitness was impeached with an affidavit which she had previously provided.  Prior to trial, the lowest pre-trial demand was $300,000.  The insurance company’s pre-trial offer was $75,000.

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After a two day trial in mid-July, Habersham County Jurors awarded less than half of the alleged medical specials of the plaintiff in a case involving a significant rear-end collision.  Attorney Brian Williams persuaded the jury that a large portion of plaintiff’s post-accident treatment was unnecessary. After 32 minutes of deliberation, the jury rejected the plaintiff’s proposed range of damages of between $45,000 and $79,000.

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Personal Injury

In a July 8, 2019 trial, where the defendant admitted fault for the accident, the jury was not convinced the October 2016 accident caused plaintiff any injuries.  Despite plaintiff’s claims that she accrued over $20,000 in medical expenses, a Henry County jury found in favor of the Defendant.  Attorney Andrea Baker obtained the defense verdict, after a one-day trial in which the jurors repudiated plaintiff’s requested award of $21,470.56 in medical expenses plus pain and suffering.

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Despite plaintiff’s contention that an August 2015 motor vehicle accident caused him ongoing back pain, which had greatly diminished his active lifestyle, a Barrow County jury awarded plaintiff only half of the more than $50,000 in medical expenses he incurred.  Attorney Brian Williams obtained a favorable verdict on April 16, 2019, after a two-day trial in which jurors rejected the plaintiff’s requested award of $100,000.

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On March 27, 2019 and March 28, 2019, Alex D. Mayfield obtained a very favorable verdict in the State Court of Gwinnett County. Plaintiff claimed physical injuries as a result of an admitted fault motor vehicle collision. Plaintiff had his chiropractor and orthopedic doctor testify live at trial. Both testified that plaintiff’s injuries were related to the subject accident. Plaintiff claimed nearly $30,000 in medical bills and asked the jury to award up to $5,000 a month for pain and suffering. Ultimately, the jury awarded $8,500. Plaintiff demanded policy limits prior to trial.

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On February 5, 2019, to February 6, 2019, Brian F. Williams obtained a defense verdict in the State Court of Fulton County.  Plaintiff claimed both physical and psychological injuries as a result of an admitted fault motor vehicle accident.  Two of the plaintiff’s medical treatment providers, including an Orthopaedic Doctor, testified at trial that the plaintiff’s physical injuries were related to the subject accident. Further, the plaintiff claimed nearly $37,000 in medical specials and asked a jury to award up to four times the medical specials.  Ultimately, however, the jury found in favor of the defense.  Prior to trial, the plaintiff demanded $99,000

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On November 26-27, 2018, Alex Mayfield obtained a very favorable verdict in the State Court of Gwinnett County. It was a UM case with an absentee defendant. The plaintiff claimed $17,000 in medical expenses and his treatment included an epidural steroid injection. Ultimately, the jury determined that plaintiff exaggerated his injuries and awarded him $1,885. The pre-trial offer was $5,500.

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On October 29 and 30, 2018, Jonathan Adelman tried a motor vehicle collision case to a defense verdict in Cobb County. Plaintiff was claiming neck injuries and significant TMJ syndrome.  Plaintiff’s expert dentist testified that the motor vehicle collision caused the TMJ injury.  However, social media posts showed that plaintiff experienced significant dental problems before the collision and was participating in Karaoke within three weeks after the collision, thereby drawing into question the validity of her claims.  Prior to trial, plaintiff had demanded $50,000 to settle.

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On September 4 and September 5, 2018, Rakhi McNeill and Anthony Matthews obtained a defense verdict in Cobb County on behalf of their client who admitted fault in a motor vehicle accident.  Plaintiff did not complain of injury at the scene but went to the emergency room on the day of the accident.  The next day she began chiropractic care and sought treatment with a medical doctor, who administered a cervical epidural steroid injection.  Plaintiff claimed that her pain had not improved at all and also claimed continued pain and suffering from the accident which occurred 5 years ago.  The verdict, which came after less than an hour of deliberation, was influenced by the impeachment of plaintiff on cross-examination and the inconsistencies of her testimony when compared to the other evidence in the case.

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In a clear liability case where plaintiff incurred over $280,000 in past medical expenses and underwent spine injections and two (2) shoulder surgeries, Jonathan M. Adelman obtained a defense verdict in favor of his client, the sole defendant in the case.  It took the Fulton County jury of twelve (12) under fifteen (15) minutes to return with the verdict.  Prior to trial, the settlement negotiations broke down with plaintiff’s lowest demand at $380,000 and the defendant’s highest settlement offer at $145,000.  In closing argument, plaintiff’s counsel requested  the jury to return with a verdict in the amount of $846,000.  In closing argument, Mr. Adelman questioned the credibility of plaintiff and plaintiff’s expert and asked the jury to determine that the burden of proof had not been carried.  Notably, a significant portion of plaintiff’s medical expenses had been paid by a medical funding company.  According to the plaintiff‘s contract with the medical funding company, the stated charges for plaintiff’s treatment were significantly greater than what the funding company paid, but the contract still required payment of the stated charges in the event that the plaintiff prevailed

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On August 27 and 28, 2018, Jonathan M. Adelman obtained a defense verdict on behalf of his client, who admitted fault for a motor vehicle collision.  At the time of the accident, the defendant was  intoxicated.  She was arrested for, and pled guilty to, DUI.  The accident involved a significant impact, totaling plaintiff’s vehicle.  Plaintiff claimed a knee injury consisting of a non-displaced tibia plateau fracture and a meniscal tear.  She underwent one surgery, and her surgeon recommended a second surgery.  Plaintiff claimed past and future healthcare expenses in the amount of $55,000, lost wages in the amount of $16,000, and punitive damages.  Prior to trial, the lowest demand was $150,000.   Defendant’s pre-trial offer, through her insurance company, was $80,000.  The verdict, which came after 45 minutes of deliberations, was influence by the repeated impeachment of the plaintiff during cross-examination.

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On August 21, 2018, Jodene White obtained an excellent verdict in an admitted fault case in Clayton County.  The plaintiff presented $3,188.20 in medical special damages.  Plaintiff’s attorney asked the jury for over $24,000.00.  The jury returned a verdict of only $5,000.00.

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On June 25 and 26, 2018, Jonathan Adelman successfully tried a clear fault motor vehicle collision case to a defense verdict in the State Court of Cobb County.  The jury deliberated for two and one-half hours before determining that plaintiff’s alleged shoulder injury and resulting surgery were not related to the accident, despite the testimony of plaintiff’s surgeon.  Plaintiff had documented healthcare expenses in the amount of $70,000 and lost wages in the amount of $6,000.  Pre-suit, the defendant’s insurance carrier had offered $10,000 to settle.  Plaintiff would not consider settling for a dime less than the policy limits.

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Following a two day trial in Clayton County, Ashley Rice secured a defense verdict in an admitted fault case.  Plaintiff alleged nearly $12,000 in healthcare expenses and her treatment included a cervical epidural steroid injection.  Plaintiff’s treating chiropractor testified live and she submitted a narrative from her medical doctor.  Both healthcare providers related plaintiff’s injuries to the rear-end accident with Ms. Rice’s client.  Still, the jury determined that plaintiff failed to prove that the accident with Ms. Rice’s client was the cause of her alleged injuries.

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Dan Prout and Sarah Britt recently obtained a very favorable verdict ($0 for the plaintiff!) in the State Court of Cobb County.  The plaintiff claimed $140,000 in medical expenses and underwent low back surgery.  The plaintiff’s orthopedic surgeon, Dr. Charles Cha and pain management specialist, Dr. Kamal Kabakibou testified by video at trial.  They both related the plaintiff’s injuries and the need for surgery to the accident. Mr. Prout was able to show that a non-party struck the plaintiff’s vehicle first in a three (3) car chain accident.  Also, the plaintiff was impeached numerous times.   The plaintiff was represented by an experienced trial attorney.  The jury returned a verdict for the plaintiff  for $0.  

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On February 14, 2018, after a three (3) day trial in the Superior Court of Jasper County, Hilliard Castilla and Matthew Hurst successfully secured a defense verdict for their client in connection with an accident that occurred in late 2014. The lawsuit involved a T-Bone style collision, extensive property damage to both vehicles, and more than $40,000 in medical expenses. The lawsuit involved a disputed fault accident in which plaintiff’s testimony and the police report showed the defendant striking the driver’s-side of plaintiff’s vehicle. During cross examination, Mr. Castilla was able impeach the plaintiff in regards to several crucial details about the accident and his treatment. In doing so, Mr. Castilla was able to show the jury that plaintiff’s testimony was suspect, and should not be believed. In his closing argument, plaintiff asked the jury to award more than $200,000 in pain and suffering, and future medical expenses. Ultimately, the jury of twelve (12) was unpersuaded, and they returned a defense verdict. The jury found the plaintiff had failed to carry his burden of proof in showing that Mr. Castilla’s client was responsible for the accident.

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On December 7, 2017, after a three (3) day jury  trial in the State Court of Spalding County,  Jonathan M. Adelman and Benjamin H. Harbin obtained a very favorable verdict for their tractor-trailer driver and trucking company clients.  This was a hotly contested case stemming from a 2005 accident.  The truck driver, who rear-ended plaintiff’s vehicle when traffic stopped for a school bus, was arrested at the scene for driving with a suspended license.  Prior to trial, the trial court granted summary judgment to the defendants on plaintiff’s direct negligence claims against the trucking company, plaintiff’s punitive damages claim, and plaintiff’s spoliation claims. The trial court also agreed that the jury should not be made aware of the driver’s suspended license.  Plaintiff claimed “career-ending” neck and back injuries.  Plaintiff’s treating orthopedist determined that low back surgery was needed.  Plaintiff had been employed as a mechanic at AGL Resources and had not worked since the day of the accident.  He claimed lost wages alone in the amount of $700,000.  In the middle of trial, plaintiff reduced his settlement demand to $175,000.  Defendants’ longstanding settlement offer had been $75,000.  The jury returned with a verdict in the amount of $4,500.

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On October 23-24, 2017, Alex Mayfield obtained a defense verdict in an admitted fault case in Douglas County.  The defendant collided with the rear of plaintiff’s vehicle causing substantial property damage.  Alex was able to convince the jury that plaintiff had a pre-existing condition which was not aggravated by the collision.  Plaintiff’s medical special damages exceeded $12,000.

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On October 26, 2017, Adam Smith limited a verdict against his client to $3,500 in an admitted fault case where a 27 year old plaintiff with no prior history of neck pain underwent neck surgery and incurred medical expenses of more than $102,000.  Dr. Erik Bendiks, who performed the neck surgery, testified that the plaintiff sustained a herniation at C5/6 that was caused solely by the accident and required a disc replacement surgery.  Plaintiff also called a biomechanical engineer to testify about the force of the collision.  Plaintiff requested a total award of more than $600,000.  A Forsyth County jury deliberated for approximately six hours before returning a verdict for $3,500.

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On October 13, 2017, Hilliard Castilla and Matthew Hurst secured a defense verdict in a case in the Superior Court of Fulton County. Following an investigation of the accident, Mr. Castilla’s client was cited for failure to yield, and at trial, the officer was permitted to state that Mr. Castilla’s client caused the accident. Plaintiff sued for injuries and healthcare bills in excess of $215,000.00. Additionally, plaintiff had four friends take the stand and testify about plaintiff’s reduced quality of life as a result of this accident. On cross-examination, Mr. Castilla successfully impeached the plaintiff to the extent that the jury did not believe her account of how the accident occurred. Ultimately, the jury of 12 agreed that plaintiff failed to meet her burden of proving that Mr. Castilla’s client was liable for the subject accident.  Defendant had offered $250,000 prior to trial.

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On June 29, 2017, Adam Smith obtained a defense verdict in DeKalb County a case where his client’s vehicle had mechanical trouble on I-20 and came to a stop in the middle of a travel lane and the plaintiff crashed into the stopped vehicle at a high rate of speed.  Mr. Smith succeeded in persuading the jury that the defendant’s failure to pull her vehicle to the shoulder was not negligent and that she acted reasonably when faced with a sudden emergency, and therefore no damages were awarded to the plaintiff. On July 17-18, 2017, Mr. Smith defended another case in DeKalb County in which his client admitted fault for causing the accident but denied the plaintiff’s claim that she sustained a serious neck injury that required surgical intervention.  Plaintiff requested a total verdict of $634,305.96, but the jury was persuaded by Mr. Smith’s argument that the plaintiff had a pre-existing condition which was not aggravated by the collision.  As a result, the jury returned a verdict in the amount of $5,709, which represented the medical expenses that the plaintiff incurred to get checked out and $0 in pain and suffering.

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In August of 2017, Trevor Hiestand secured a defense verdict in a case in the State Court of Forsyth County in which the plaintiff claimed medical bills of approximately $200,000 as a result of a cervical fracture and eventual disc replacement surgery.

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On August 30, 2017, Ashley Rice and associate Taylor Barnett secured a defense verdict following a two day trial in Fulton County.  At trial, both parties and an eyewitness gave accounts of how the accident happened that were substantially different from what they allegedly told the investigating officer at the scene.  Because the officer initially attributed fault to Ms. Rice’s client, plaintiff sued for injuries and healthcare bills in excess of $30,000.  Ms. Rice and Mr. Barnett successfully challenged plaintiff’s credibility on issues of negligence and causation.  Ultimately, the jury of 12 agreed that plaintiff failed to meet his burden of proving that Ms. Rice’s client was at fault.

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On July 12, 2017, following a two and one-half day trial,  Jonathan Adelman obtained a defense verdict from a Gwinnett County jury.  Plaintiff claimed that a minor rear-end collision caused a symptomatic herniated disc and necessitated a lumbar discectomy.  Fault for the accident itself was admitted.  Causation of the injuries and surgery was highly disputed.  Plaintiff had two separate orthopaedic surgeons appear at trial via video deposition and testify that the accident was the source of plaintiff injuries.  The defense hinged on the argument that, although there was no evidence that plaintiff’s symptoms pre-dated the accident, the accident was not the source of plaintiff’s problems.  In support of the defense argument, a biomechanical expert testified that the forces of the impact were not sufficient to herniate a disc or aggravate a preexisting herniated disc.  Plaintiff claimed past healthcare expenses in the amount of $60,000.  In closing argument, plaintiff’s counsel asked for a verdict in excess of $250,000.

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On May 25, 2017, Marcia Stewart and Jodene White obtained an excellent verdict in an admitted fault case in Henry County.  The plaintiff presented $33,255.87 in medical special damages.  Plaintiff’s attorney asked the jury for $119,625.00.  The verdict was only $1,153.03, substantially lower than the last offer of $5,500.00.

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On May 11, 2017, Jodene White obtained a defense verdict in a contested liability case in Fulton County.  The defendant merged into plaintiff’s lane of travel after slowing down for a H.E.R.O. unit.  The impact was hard and the property damage substantial.  Jodene was able to convince the jury that the collision was caused by plaintiff traveling too fast for conditions.  Plaintiff’s medial special damages exceeded $16,000.

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On May 10, 2017, David Smith successfully limited his client’s exposure during a three (3) day trial in Gwinnett County Superior Court before Judge Laura Tate. The plaintiff, who alleged permanent injuries to her neck, asked the jury for $150,000. The jury awarded plaintiff $16,000, which was about $10,000 below the last pre-trial settlement offer from the defense.

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On May 9, 2017, Adam Smith obtained a defense verdict in DeKalb County.  The defendant admitted fault for causing a rear-end motor vehicle accident.  The plaintiff incurred medical expenses in the amount of $60,989 for neck and back injuries and asked the jury to award more than $180,000 in total damages.  After deliberating for approximately 30 minutes, the jury found that the accident did not cause any injuries to the plaintiff and returned a defense verdict

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On May 8, 2017, Alex Mayfield tried a case to jury verdict in Fulton County. Plaintiff alleged neck and back injuries from the accident. Pre-suit, plaintiff was offered $7,500, respectively to settle his claim. After deliberating for thirty (30) minutes, the jury awarded $5,500, significantly less than the plaintiff’s last demand of $35,000.

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In April 2017, Travis Meyer successfully limited his client’s exposure during a three (3) day trial in Henry County State Court.  The case involved a four (4) car accident.  The defendants were blaming one another for causing the accident.  Plaintiff suffered injuries to her neck and upper back resulting in a two (2) level fusion surgery.  The treating physicians directly related plaintiff’s injuries to the accident.  The claimed medical specials were $185,000.  Plaintiff asked for $2,000,000.  The jury returned a verdict in the amount of $787,000, but only apportioned 20% fault on his client.  Plaintiff received less than what was offered prior to trial in settlement negotiations.

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In May 2017, Travis Meyer obtained a defense verdict in Floyd County in an admitted fault case in which his client struck a crossing guard.  Plaintiffs asked the jury for past medical specials of $25,000, future medical specials of $99,000, lost wages in excess of $550,000, and past and future pain and suffering.  Plaintiffs requested punitive damages based on allegation that the defendant was texting while driving which lead to the plaintiff being struck in the crosswalk.  The plaintiff’s primary physician directly related all of her medical issues, including Fibromyalgia (chronic pain), to the accident.  The jury deliberated for approximately 45 minutes before rendering a defense verdict.  The last pre-trial settlement offer was for $50,000 and plaintiffs never lowered their demand below $115,000.

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In March 2017, Adam Smith won a jury trial in Cobb County in which the plaintiff alleged incurred medical expenses of $112,000 and lost wages of $10,000.  Plaintiff underwent a low back surgery after the accident and her doctor testified that the surgery was directly caused by the accident.  Plaintiff asked the jury to award a minimum of $380,000 in damages; however, the jury awarded only $11,112.  This March 2017 verdict follows two other recent jury trial wins for Adam Smith: In a January 2017 jury trial in Cherokee County, plaintiff sought total damages in a range of $28,000 to $38,000 and alleged ongoing problems with her right shoulder; however, the jury awarded $5,836. In an October 2016 jury trial in Newton County, plaintiff underwent a neck surgery following a serious collision at an intersection; plaintiff sought total damages of more than $980,000; however, the jury awarded $133,480.26, which was about $17,000 below the last pre-trial settlement offer from the defense and nearly $850,000 below the amount plaintiff asked the jury to award at trial.

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On March 6, 2017, Becky Gabelman tried a case to jury verdict in Gordon County. Defendant admitted to causing a near head-on collision. Plaintiffs’ alleged neck and back injuries from the accident.  Pre-suit, plaintiffs were offered $14,000 and $11,000, respectively to settle their claims.  After deliberating for forty (40) minutes, the jury awarded $5,172.37 and $2,270.75, respectively, which was for ER treatment following the accident.

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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.

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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.

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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.

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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.

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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.

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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.  

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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.

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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.

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On June 14, 2015, Jonathan Adelman and Emaly Standridge obtained a defense verdict from a Cobb County Jury in an admitted fault case. Plaintiff made no complaint of injury at the scene, but hired an attorney the day after the accident and subsequently began chiropractic treatment for alleged soft tissue injuries.  The defense included evidence of multiple complaints of prior similar injuries. In closing, plaintiff’s counsel asked the jury to award $17,000 in medical expenses, plus $10,000 for pain and suffering. Prior to trial, the defendant offered $11,000 to settle the case. After less than an hour of deliberations, the jury returned a verdict in favor of the defendant.

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Following a two day trial ending on June 30, 2016, a Fulton County jury returned with a verdict vindicating the defendant in a case involving the death of the plaintiff’s husband, who was a passenger in a car which the plaintiff was driving.  Although the plaintiff had minor bodily injuries, her primary claim was related to her alleged emotional distress from witnessing her husband’s death.  Prior to trial, the defendant’s motion for summary judgment as to the emotion distress claim was denied, so the parties were forced to trial.  The defendant did not dispute causing the initial fender bender type accident with the plaintiff’s vehicle.  However, the defendant denied that the initial impact caused the plaintiff’s vehicle to accelerate into a utility pole, overturn, and kill the plaintiff’s husband.  Following almost two hours of emotionally charged deliberations, the jury returned with a defense verdict and specifically found that the plaintiff’s responsibility  for the second impact matched or exceeded that of the defendant.  Prior to trial, and again during trial, the defendant’s insurance company made a settlement offer in the amount of $40,000.  Months before trial, the plaintiff formally withdrew all settlement demands.  Prior to the withdrawal, the plaintiff’s formal settlement demand was for the policy limits of $100,000.

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On June 7, 2016, Russell Waldon and David Smith obtained a defense verdict in Henry County in a disputed-liability case. The plaintiff alleged $25,000 in medical special damages and $6,000 in lost wages. Plaintiff claimed permanent impairment to her neck and back but was impeached during cross-examination with evidence of prior claims and lawsuits for the same injuries. After hearing from both parties and the investigating officer, the jury determined that a third party caused the accident by coming to a sudden stop without functioning brake lights. Plaintiff’s lowest demand during the course of the litigation was $50,000.

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On June 3, 2016, Russell Waldon and Jared Jacobs received a defense verdict in a disputed fault, four-car accident in which their client was the driver of the rear vehicle.  Through pointed cross-examination and the testimony of a key witness, the defense prevailed. The jury deliberated for thirty-six minutes before finding for the defense. Plaintiffs presented approximately $20,000 in medical bills and requested the jury award $75,000.

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On June 7, 2016, Jared Jacobs and John Alday obtained a verdict in favor of John Doe in Gwinnett County. The plaintiffs alleged that a John Doe driver rear-ended another car, pushing that car into the plaintiffs’ vehicle, causing severe injuries, including a herniated disk in one plaintiff’s cervical spine. On the morning of trial, plaintiffs and another defendant announced a settlement and the named defendant was dismissed from the case.   Through cross-examination of the involved drivers, passengers, and the mechanic, as well as the direct examination of the investigating officer, Mr. Jacobs and Mr. Alday convinced the jury that no John Doe vehicle was involved. The plaintiffs had in excess of $25,000 in medical expenses and asked the jury to award $75,000.  After 36 minutes, the jury returned and found in favor of the defendant. Before trial, the insurance carrier had offered $5,000 to settle the suit

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On April 25, 2016, Ashley Rice obtained a defense verdict from a DeKalb County jury after only five minutes of deliberating.  Ms. Rice’s client admitted fault for the subject motor vehicle accident, but disputed that the plaintiff was injured as she claimed.  The plaintiff went to the emergency room on the date of the accident and subsequently sought chiropractic treatment and pain management for neck, shoulder, chest, and back injuries.  She presented over $10,000 in healthcare bills and asked the jury to award $25,000.  Before trial, the defense had offered $8,500 to settle.

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Russell D. Waldon and Raqketa D. Williams obtained a verdict in the amount of $1,700 for their client in Cobb County on Monday, April 11, 2016. Plaintiff attempted to enter almost $9,000 of medical special damages into evidence, at least $7,300 of which stemmed from incidents other than the subject automobile accident. Waldon and Williams brought this out at trial and convinced the jury to award plaintiff only $1,700, after less than an hour of deliberations.

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Personal Injury

In March of 2016, Marcia Stewart successfully defended a case in DeKalb County in which her client admitted to failing to yield the right of way and entering an intersection causing plaintiff to T-bone the rear of his vehicle.  There was extensive damage, and both vehicles were totaled.  Plaintiff’s airbags deployed and he sustained a “questionable” loss of consciousness at the scene. The plaintiff was taken to the emergency room from the scene where x-rays were taken and he was kept overnight.  After an approximately 3.5 week gap in treatment, plaintiff sought chiropractic treatment. The plaintiff presented $8,200 in special damages, and his attorney asked for all special damages and a generous amount for pain and suffering in his closing.  In less than an hour, the DeKalb jury returned a verdict for the plaintiff in the amount of his ambulance and emergency room bills only, $2,955.  The defendant had offered $10,000 prior to trial.  

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Despite the defendant’s admission of fault, on February 22, 2016, Attorney Andrew Brandt obtained a defense verdict in front of a Fulton County jury.  Mr. Brandt’s client admitted that she caused the rear-end accident that caused extensive vehicle damage.  After leaving the scene of the accident in her own vehicle, plaintiff complained of soft tissue injury and began treating with a chiropractor the following day.  Despite a dozen trips to the chiropractor, and undergoing cervical and lumbar MRIs, the jury did not believe that plaintiff was injured as a result of the accident.  Eight months prior to trial, the defendant had extended statutory settlement offers in the amount of $3,500.   Plaintiff’s attorney, in closing arguments, asked the jury to award plaintiff $25,000.

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In February of 2016, Jonathan Adelman and Ashley Rice successfully argued to a jury of twelve that their defendant client, who admitted to driving while intoxicated, should not be ordered to pay punitive damages.  The accident occurred when the defendant crashed into the plaintiffs’ vehicle and pushed it into the rear of a third vehicle.  The trunk of the plaintiffs’ vehicle was pushed into the backseat.  The lowest pre-trial demand was $180,000.  The last pre-trial offer was $43,000 with a clear commitment to increase that offer if the plaintiffs lowered their demand.    The plaintiffs refused to counter, and the jury returned with a verdict in the amount of $45,000 and zero punitives.

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In January 2016, Kevin Reardon obtained a defense verdict from a Gwinnett County jury in an admitted fault accident. Plaintiff complained of injury at the scene and subsequently received multiple epidural injections, branch blocks, and radiofrequency ablations for her low back.  Two of plaintiff’s treating doctors testified and directly related her injuries and need for treatment to the accident.  Total medical specials were $43,000.  Further, plaintiff claimed lost income of $28,800.   The defense included significant impeachment of plaintiff on cross-examination with other accidents not disclosed during discovery, expert testimony as to plaintiff’s underlying degenerative condition, and vehicle photographs showing minimal damage.  

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In a two-day trial in Clayton County, Alex Salzillo obtained a double defense verdict in a case involving two plaintiffs claiming soft tissue injuries.  Mr. Salzillo’s client had admitted that he caused the rear-end accident giving rise to the suit.  Although the plaintiffs attempted to portray the accident as having had a profound effect on their lives, the defendant introduced evidence of multiple similar injuries for each plaintiff that had not been disclosed in discovery.  Ultimately, the jury did not believe that the plaintiffs were injured in the accident with the defendant.  Six months prior to trial, the defendant had extended statutory settlement offers in the amount of $3,500 to each plaintiff.  In closing, the plaintiffs’ attorney asked the jury to award $15,000 per plaintiff.               

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In a two day trial in Gwinnett County, Alex Salzillo successfully defended a case in which his client had admitted to negligently running a red light and causing a t-bone accident that totaled both vehicles.   The plaintiff went to the emergency room the night of the accident, where x-rays and CT scans were taken. Thereafter, the plaintiff underwent four months of chiropractic treatment, two MRIs, and consulted with a pain management doctor.   The plaintiff presented $18,000 in special damages, and his attorney asked for no less than $35,000 in closing, the amount demanded prior to trial.  In less than forty-five minutes, the jury returned a verdict for the plaintiff in the amount of his emergency room bills, $6,387.  The defendant had offered $10,000 prior to trial.   

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In October, 2015, Brian F. Williams obtained a defense verdict from a Gwinnett County jury in an admitted fault three car accident. Although plaintiff complained of injury at the scene, she did not seek out any treatment for more than a week after the accident.  Plaintiff claimed injuries to her neck, shoulders, and a lumbar disc bulge, which her treating physicians attributed to the accident.  Plaintiff also claimed that her injuries significantly reduced her social activities and adversely affected her ability to make a living.  After fifty-five minutes of deliberations, the jury returned a defense verdict.  Prior to trial, plaintiff demanded $28,500 to settle.    

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In October, 2015, Alex Salzillo obtained a favorable verdict from a DeKalb County jury on behalf of his client, who was not present for trial. The case stemmed from a moderate rear-end collision that totaled the plaintiff’s vehicle. The defendant admitted fault for the accident, leaving the issues of injury causation and damages for the jury. The plaintiff was transported from the scene of the collision to the hospital and followed up with his primary care doctor a few days later. Thereafter, the plaintiff began an extensive course of chiropractic and pain management treatment, completing his treatment roughly a year after the accident. His healthcare bills totaled $15,625.40. In closing, the plaintiff’s attorney asked the jury to award no less than $50,000. The jury returned a verdict for the amount of the plaintiff’s bills, $15,625.40.  Prior to trial, the defendant had offered $15,500. The plaintiff’s lowest formal demand was for $48,000.

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In October of 2015, Travis Meyer and Dan Prout obtained a defense verdict from a Cherokee County jury in an admitted fault accident.  Defendant rear-ended plaintiff’s vehicle and pushed it into a third vehicle.  There was extensive damage to the plaintiff’s vehicle which confirmed a heavy impact.  Plaintiff claimed serious knee injuries for which she underwent multiple injections over several years.  Also, plaintiff claimed that her knee injuries derailed her career aspirations to be a nurse.  Plaintiff’s counsel requested an award between $360,000 and $760,000 in past and future pain and suffering.  

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In August of 2015, Jonathan Adelman and Becky Gabelman successfully defended an admitted fault case in Gwinnett County. The defendant admitted that she failed to yield and turned left in front of plaintiff’s vehicle causing the collision. Although plaintiff did not complain of injury at the scene, she immediately sought chiropractic treatment. After her course of chiropractic treatment did not resolve her pain, plaintiff saw two different medical doctors who diagnosed a herniated disc and facet pain syndrome. Both doctors recommended spinal injections. One of the doctors testified via video deposition and the other came live to trial. Plaintiff received one set of spinal injections and claimed, as confirmed by her doctors, that she would need one or two spinal injections every year for the rest of her life. She had over $18,000 in past medical expenses over $100,000 in claimed future expenses. Plaintiff’s counsel asked the jury to award between $246,000 and $490,000. After two (2) hours of deliberations, a jury awarded plaintiff $30,000. This was significantly less than plaintiff’s pre-trial demand of $125,000. Prior to trial, defendant offered $25,000 to settle the case.      

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On August 14, 2015, Jonathan Adelman and Alex Salzillo obtained summary judgment on behalf of an insurance company in a declaratory judgment action where the parties had stipulated that the insurance company would pay $1,000,000 if coverage applied for the underlying loss.  The case stemmed from an automobile accident that was caused by the teenaged son of an insured individual who was the sole proprietor of a law practice.  Plaintiff sought a determination that the insured’s business liability and commercial umbrella policies provided coverage for the accident. The case turned on whether the “non-owned auto” exception in the business policy had been triggered.  In plaintiff’s motion for summary judgment, she urged the court to determine that the insured individual  and his law practice were two separate entities, which she argued would have triggered the “non-owned auto” exception.  In a 42 page opinion, Judge Murphy of the Northern District of Georgia agreed with the insurance company and granted summary judgment, finding no coverage.  Judge Murphy held, in pertinent part, that the insured individual and his sole proprietorship law practice were one-in-the-same for purposes of determining the identity of the insured.  Prior to Judge Murphy issuing his order, plaintiff had offered to compromise the claim for $650,000.

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In July of 2015, Ashley Rice successfully defended an admitted fault motor vehicle accident involving a nearly head-on collision and extensive property damage.  Plaintiff sustained a visible laceration to his head at the scene.  However, he delayed treatment for several days.  Plaintiff subsequently underwent chiropractic therapy and epidural steroid injections for soft tissue back injuries.  His MRI showed two lumbar protrusions.  While plaintiff initially claimed medical expenses of nearly $20,000, he was only able to produce bills from licensed healthcare providers totaling $11,000.  Moreover, his chiropractor testified that he accepted far less than the amount shown on the bill submitted for treatment of plaintiff’s alleged injuries.  The Fulton County jury returned a verdict in the amount of $443.30.  The jury explained that the figure represented a lifetime supply of Tylenol.  Plaintiff’s pre-trial demand was $40,000.  Defendant had offered $12,500.  

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In August, 2015, John Alday and Russell Waldon obtained a defense verdict from a 12 person Cobb County State Court jury in a premises liability case against a corporate defendant. Plaintiff alleged over $250,000 in incurred medical expenses and lost wages. Plaintiff had undergone multiple surgeries including a complete hip replacement. The case was defended on issues of both liability for the “slip and fall” and whether plaintiff’s injuries and claimed special damages were the proximate result of any alleged negligence on the part of the defendant corporation. The jury returned with a verdict for the defense after a 4 day trial and 3 hours of deliberation. Plaintiff’s lowest demand before trial was $850,000.    

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In July of 2015, John Alday and Anna Ismail tried a case to verdict in Cobb County State Court which resulted in the uninsured motorist carrier only paying twenty percent of the pre-suit offer. The case stemmed from a clear fault head-on collision motor vehicle accident which totaled the plaintiff’s Volvo SUV. As a result of the accident, plaintiff sustained a fractured vertebrate at C2, which she described as making her “feel like a bobblehead.” She was transported from the scene to a hospital, where she stayed for the next two days. Plaintiff had to wear a hard neck brace constantly for the next six months, followed by six months of arduous physical therapy. Her husband, who brought a claim for loss of consortium, had to do everything for her while she wore the neck brace, including feed her. On cross-examination, plaintiff’s treating physician admitted plaintiff was healing and improving throughout her care and that she sustained no vascular injuries or stability problems. (This flew in the face of the testimony from the plaintiff.)  Plaintiff presented medical expenses of $35,000 and asked the jury to award $1.1 million. Prior to trial, plaintiffs received $25,000 from the liability carrier and medical payments from the uninsured carrier of $25,000. Pre-suit, the uninsured motorist carrier offered $44,000 in new funds to settle the case in response to a demand of $500,000. At trial, the jury returned after deliberating for thirty-four (34) minutes with a verdict stating that plaintiff had already been fully compensated and […]

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In July, 2015, Alex Salzillo obtained a defense verdict on the claims of one plaintiff, with the Gwinnett County jury awarding only $1,000 to the other plaintiff.  This was a case in which the defendant rear-ended two on-duty sheriff’s deputies, pushing their vehicle forward into another vehicle.  The defendant admitted that he negligently caused the accident.  Both officers complained of soft tissue injuries at the scene and went to the emergency room on the date of the accident.  The officers then followed up with their primary care doctors and an orthopedist, and they received chiropractic treatment.  One plaintiff was diagnosed with a concussion/closed head injury and soft tissue injuries and presented medical expenses of $9,000.  The other plaintiff was diagnosed with a possible rotator cuff tear and soft tissue injuries, and presented medical expenses of $6,000.  At trial, Mr. Salzillo was able to impeach one plaintiff numerous times regarding prior similar injuries and treatment.  Further, the other plaintiff testified on cross-examination that his non-accident-related chiropractic treatments cost $20 in comparison to his $170.50 accident-related treatments.  In closing, plaintiffs’ counsel asked the jury to award roughly $60,000 to one plaintiff and $43,000 to the other.  The pre-trial offers were $12,900 and $10,800, and plaintiffs’ lowest demands were $19,000 and $18,000, respectively.      

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Jonathan Adelman obtained a very favorable verdict from a Paulding County jury in a clear liability motor vehicle accident involving substantial damage. Plaintiff was taken from the scene of the accident by ambulance and then followed up with a physical therapist and an orthopedist. Plaintiff had several spine injections and claimed permanent injuries to her low back, along with shooting pain into the legs. On cross-examination, plaintiff’s treating doctor admitted that there were significant degenerative conditions, including herniated discs, which were present before the accident. Furthermore, on cross-examination, plaintiff admitted that she had constant upper back pain in the years leading up to the accident. At trial, plaintiff presented medical bills of approximately $26,000 and asked for an award of $376,000. The jury returned with a verdict in the amount of $5,000, which was considerably less than the pre-trial offer of $19,000. Prior to trial, plaintiff refused to make a demand within the liability insurance limits.

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In June of 2015, Jonathan Adelman obtained a winning jury verdict on behalf of an underinsured motorist carrier in a Cherokee County case.  Plaintiff was a pedestrian when she was struck by a car in a parking lot.  Following the accident, plaintiff immediately sought treatment for knee pain and was diagnosed with a torn meniscus.  Within two months after the accident, plaintiff underwent arthroscopic knee surgery.  Plaintiff’s surgeon testified by way of video deposition at trial that the tear and surgery were due to the accident.  Plaintiff’s medical expenses were $30,000.  The jury returned with a verdict in the amount of $27,000, which was offset to $0 as a result of the pre-trial settlement  with the at-fault driver’s liability carrier and the medical payment coverage benefits already paid.  Prior to trial, Mr. Adelman’s client had extended a settlement offer in the amount of $20,000.  The pre-trial demand was $100,000.  

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Ashley Rice of Waldon Adelman Castilla Hiestand & Prout obtained a defense verdict from a Douglas County jury in March, 2015.  The defendant admitted that her vehicle rear-ended the plaintiff and pushed it into another vehicle.  While the defendant paid a citation for following too closely, she maintained that the plaintiff had already struck the vehicle in front of her before the defendant’s impact.  The plaintiff complained of injury at the scene, but sought no further treatment for several days.  Thereafter, the plaintiff underwent chiropractic treatment, pain management, physical therapy, and an epidural injection.  The plaintiff’s MRI showed a lumbar herniation which she related to the accident.  The plaintiff presented approximately $20,000 in healthcare bills, but failed to convince the jury that the subject accident caused her alleged injuries.

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Following a three (3) day trial in December of 2014, a Gwinnett County jury determined that a plaintiff’s previous settlement with the at-fault party’s insurance company exceeded the amount of the plaintiff’s actual damages.  Thus, Jonathan Adelman’s uninsured motorist insurer client was deemed to have rightfully rejected plaintiff’s policy limits demand.  Following a significant highway accident, the plaintiff underwent lumbar fusion surgery.  The plaintiff and his doctors claimed that as a result of the accident, the plaintiff required the surgery and incurred special damages well in excess of $1,0000,000.  The plaintiff further claimed that he was permanently disabled from working.  Prior to trial, the plaintiff contended that he was entitled to recover the full extent of his uninsured/underinsured policy limits, plus attorney’s fees and bad faith penalties.  The jury’s verdict, however, was that the plaintiff was not entitled to any recovery, not even the amount offered prior to trial, under the insurance policy.

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After a four day trial and jury deliberations of approximately one hour, Dan Prout and Denise Hoying obtained a defense verdict in the State Court of Cobb County in a disputed liability case.  The plaintiff sustained a fractured collar bone in the accident and ultimately underwent surgery.  She claimed approximately $48,000 in medical expenses and more than $10,000 in lost wages.  After hearing testimony on fault for the accident from both parties, the investigating police officer, the plaintiff’s accident reconstructionist, and an independent witness, the jury determined that the plaintiff was more than 50% at fault for the accident, barring any recovery.

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After two (2) days of trial and one and one-half (1½) hours of deliberations in the State Court of DeKalb County, Jonathan Adelman successfully limited a plaintiff’s verdict to $12,774, considerably less than the pre-trial offer of $45,000 and plaintiff’s request to the jury in the amount of $110,000. This was a case of clear liability on the part of the defendant. The plaintiff claimed ongoing injuries to her neck, low back, and sacroiliac joint, despite the fact that she showed up at trial wearing four inch heels.  She was transported from the scene of the accident, which involved a significant impact, by ambulance.   She followed up with an orthopedist, who administered four (4) sacroiliac joint injections between July of 2011 and March of 2014.  The favorable result was largely due to very effective cross-examinations of plaintiff’s doctor and plaintiff and some significant gaps in treatment.

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As reported in the December 5, 2013 issue of the Daily Report, Hilliard Castilla successfully defended a trucking Company on a major personal injury case against the company and its insurer.   All parties agreed that a drive shaft from the trucking dump truck dislodged and caused vehicles to slow and/or stop on I-575. Plaintiff, who suffered a fractured vertebrae after swerving to avoid another vehicle and driving off of an embankment, contended that the trucking company, its driver and insurer should be held liable for special damages of over $120,000, plus lost income and pain and suffering. At trial plaintiff, who demanded $900,000 from the insurer in pretrial negotiations, asked the jury for $3.2 million. Hilliard Castilla secured a verdict of less than $650,000 after convincing the judge to dismiss the insurer and driver from the litigation and persuading the jury to apportion a percentage of the blame for causing the accident to the plaintiff.

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Dan Prout obtained a defense verdict in a clear liability case in the State Court of DeKalb County. The case involved a collision between an automobile driven by a drunk driver who fled the scene and a vehicle in which the plaintiff was riding as a passenger. The defense involved proving that the plaintiff was not injured despite a moderate impact in the collision. Despite the plaintiff-oriented venue and the enormous potential for an award of punitive damages, Mr. Prout was able to convince the jury that the plaintiff was not injured in the accident

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Jonathan Adelman prevailed on summary judgment in a breach of contract action which was filed for the purpose of enforcing a pre-litigation settlement for the insured’s policy limits. The claimant sustained serious injuries and incurred medical expenses of more than $440,000. The insured’s policy limits were only a fraction of the total health care expenses. The claimant’s attorney argued that his conditional settlement demand had not been accepted when the insurance company agreed to pay its policy limits in response to the request for the same. The trial court disagreed with that argument and entered an order enforcing the settlement and requiring the claimant to pay attorney’s fees. The trial court’s ruling was upheld in the published Court of Appeals’ decision of Sherman v. Dickey, 322 Ga. App. 228 (2013).

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On behalf of one of the nation’s largest insurance companies, Jonathan Adelman successfully obtained summary judgment against a medical doctor and his practice for physical therapy treatments rendered by unlicensed individuals. The case was filed by the insurance company in the U.S. District Court for the Northern District of Georgia. In its ruling, the trial court ruled that the insurance company was not obligated to pay med-pay benefits for approximately $320,000 in submitted bills. The trial court further ordered the medical doctor and his practice to reimburse the insurance company more than $40,000.

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Hilliard Castilla obtained a defense verdict in a dangerous personal injury lawsuit filed in one of Georgia’s most plaintiff oriented venues. The suit, filed by the ex-wife of a successful plaintiff’s attorney, included a claim for medical special damages in excess of $80,000 as well as a claim for future medical expenses. The jury was swayed to render its verdict based on plaintiff’s perceived lack of credibility. Extensive research into plaintiffs past, including her divorce proceedings revealed that she had claimed that many of her injuries were caused by her ex-husband.   Because plaintiff was unable to explain away the impeachment, the jury concluded that her automobile accident claims lacked credibility.

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Hilliard Castilla obtained a defense verdict in a suit filed by a personal injury suit filed by a prominent Atlanta Sports and Entertainment lawyer. The attorney, who claimed a host of injuries from a moderately severe automobile accident, presented medical special damages of over $100,000 and a claim for loss earning capacity exceeding $500,000. The plaintiff presented her treating orthopedic surgeon as well as an economist as her expert witnesses. An offer to settle in the amount of $25,000 was extended based on extensive discovery which revealed that the plaintiff had previously undisclosed preexisting degenerative disease. The jury returned with its verdict after a hard fought three day trial.

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In a clear liability case involving soft-tissue injuries and specials exceeding $11,000 and claimed lost earning capacity exceeding $100,000, Russell Waldon obtained a defense verdict in the State Court of Cobb County.

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In a motor vehicle accident case involving disputed liability and medical specials of $138,000, Hilliard Castilla obtained a defense verdict in the State Court of Forsyth County.

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In a clear liability car wreck case involving specials in excess of $60,000, Russell Waldon obtained a defense verdict in the State Court of Gwinnett County.

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In a clear liability motor vehicle accident case involving specials exceeding $300,000 and three (3) back surgeries, Dan Prout obtained a defense verdict in the Superior Court of Pickens County.

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In a clear liability case involving soft-tissue injuries and specials exceeding $20,000, Jonathan Adelman obtained a defense verdict in the State Court of Cobb County.

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In a clear liability motor vehicle accident case involving a head-on collision, several fractures (including a fractured sternum), and medical specials of $42,000, Jonathan Adelman was successful in limiting the verdict to $78,100, which was less than the long-standing offer of $79,635.

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In a disputed liability case involving three (3) knee surgeries and specials of $32,500, Hilliard Castilla obtained a defense verdict in the State Court of Cobb County.

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In a premises liability case involving two (2) knee surgeries and $77,000 in special damages, Russell Waldon obtained a defense verdict in the State Court of Cobb County. For that case, the pre-trial offer was $40,000, compared to a pre-trial demand of $300,000.

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In a clear liability motor vehicle collision case involving excessive damages, specials exceeding $45,000, and several cervical facet injections, Jonathan Adelman convince a Bibb County jury to limit its award to $25,000, considerable less than the pre-trial offer of $75,000.

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As reported in the Daily Report, Jonathan M. Adelman obtained a defense verdict in the State Court of Fulton County. The case involved a motor-vehicle pedestrian accident from which the plaintiff sustained multiple leg fractures, underwent multiple surgeries, incurred medical expenses of more than $95,000, and was left with a permanent abnormal gait. In addition, the plaintiff’s daughter was killed in the accident. The defense involved proving that the plaintiff negligently walked into the path of the defendant’s vehicle and disproving the plaintiff’s allegation that the defendant was speeding and failed to take evasive action.

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As reported in an unsolicited article in the Fulton County Daily Report, Dan Prout obtained a defense verdict in the State Court of DeKalb County. The case involved a collision between an automobile and a bicyclist in which the cyclist was killed. The defense involved proving that the cyclist failed to stop for a stop sign before entering the intersection where the accident occurred as well as disproving that the motorist was speeding and driving on the wrong side of the road. Despite the plaintiff-oriented venue and an excellent case presented by plaintiff’s counsel, Mr. Prout was able to convince the jury to set aside the great amount of sympathy shown toward the cyclist and follow the evidence shown at trial.

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In a hotly contested case of first impression in the U.S. District Court for the Northern District of Georgia, Jonathan Adelman, representing a large insurance company, obtained a judgment that his client was not obligated to pay $360,000 in medical payments coverage benefits for unlicensed physical therapy which was allegedly supervised by a licensed medical provider.

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In a clear liability motor vehicle collision case involving neck fusion surgery, Jonathan Adelman obtained a defense verdict on behalf of his client. The plaintiffs medical expenses exceeded $80,000. The DeKalb County jury was heavily influenced by prior medical records which contradicted the plaintiffs testimony and photographs of the vehicles which showed minimal damage.

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As reported in the Daily Report, Jonathan M. Adelman obtained a defense verdict in the State Court of Gwinnett County. The defendant, who was DUI, rear-ended the plaintiff’s car. The plaintiff underwent a four-level cervical fusion and presented healthcare specials exceeding $135,000. The pre-litigation demand was the policy limits of $250,000. The settlement offer was $40,000.

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In 2010, Hilliard Castilla successfully represented an insurance agency owner convicted of DUI after registering a 0.179 on a blood alcohol test. The plaintiff claimed TMJ injuries as well as a rotator cuff tear and other injuries from the collision which the plaintiff, a minister at a prominent Atlanta area church, claimed prevented him from effectively performing his ministerial duties. The prominent plaintiff’s counsel asked the jury for $1,800,000 dollars plus punitive damages and refused to negotiate after an offer of $300,000 which was extended by the insurer providing coverage for Mr. Castilla’s client. Mr. Castilla told the jury that the plaintiff should receive $15,000 to $20,000 for the rear end collision and, much to the chagrin of the plaintiff and plaintiff’s counsel, the jury returned with a verdict of $16,543 plus $5,000 in punitive damages. The trial was featured on the front page of the October 4, 2010 edition of the Daily Report.

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Jonathan M. Adelman obtained a defense verdict in the State Court of Fulton County. The case involved a clear liability motor vehicle collision. The plaintiff underwent several rounds of epidural steroid injections and incurred medical expenses in excess of $22,000. In addition, the plaintiff claimed lost earnings in excess of $90,000. At trial, Mr. Adelman successfully cross-examined the plaintiff, the plaintiff’s expert economist, and the plaintiff’s treating orthopedist. The pre-trial offer was $25,000. The pre-trial demand was $100,000.

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Jonathan M. Adelman secured a favorable verdict on behalf of a UM insurer in Forsyth County. The underlying accident was one of clear liability. Plaintiff was taken from the scene of the accident by ambulance and immediately began treating with an orthopaedist for complaints of neck and shoulder pain. When conservative measures, including epidural steroid injections, failed, plaintiff underwent a cervical anterior diskectomy and fusion from C4 to C7. The neck surgery was performed within six months after the accident. In addition, plaintiff claimed that the accident necessitated shoulder surgery. The plaintiff incurred medical expenses of $79,000.00 and lost wages of $40,000.00. After deliberating for more than ten (10) hours, the jury returned with a verdict, and judgment was entered for $59,000.00. Plaintiffs’ pre-trial demand was $175,000.00.

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Jonathan M. Adelman secured a dismissal with prejudice in favor of his insured client following an extremely effective cross-examination of the plaintiff in the presence of a Fulton County jury. The plaintiff claimed neck and back injuries and more than $13,000 in healthcare expenses as a result of a clear liability motor vehicle accident. As part of his diligent investigation of the plaintiff, Mr. Adelman obtained a deposition from another case in which the plaintiff denied, under oath, sustaining any real injuries in the motor vehicle collision with Mr. Adelman’s client. When presented with that deposition testimony as part of Mr. Adelman’s impeachment effort, the plaintiff actually asked to confer with his lawyer in the presence of the jury. The request was denied, and the impeachment was successful. After all of the evidence closed, the plaintiff’s attorney chose to dismiss with prejudice in lieu of proceeding with closing arguments.

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Jonathan M. Adelman prevailed on a motion for summary judgment in favor of a large express delivery company in the State Court of Gwinnett County. The case arose from a motor vehicle collision involving the plaintiff and an independent contractor driver of the express delivery company. The plaintiff argued that the express company controlled the time, manner, and method of the independent contractor’s job duties and, therefore, could be held vicariously liable. Mr. Adelman argued that the elements of control relied upon by the plaintiff did no equate to control of the operative details of the independent contractor’s job duties. Mr. Adelman showed that the independent contractor utilized his own vehicle, picked his own routes, and determined his own hours.

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Russell D. Waldon, Jonathan M. Adelman, and Hilliard V. Castilla prevailed on a motion to dismiss a putative class action against one of the nation’s largest insurers. The putative class representatives claimed that they were entitled to recover uninsured motorist coverage benefits equal to the amounts equal to the amount which their recoveries had been reduced due to medical payments coverages paid. In total, plaintiffs sought to recover in excess of $20,000,000.00. In support of the motion dismiss, Mr. Waldon and Mr. Adelman argued that the class failed to meet the condition precedent of obtaining a recovery against the uninsured motorists before proceeding against their uninsured motorist insurer. The U.S. District Court for the Northern District of Georgia agreed.

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