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Clayton County Jury Awards Less than Pretrial Offer

Posted on Nov 30, 2023 in Results

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.