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Cobb Jury Awards Below Meds for Questionable Shoulder Injury

Posted on Apr 08, 2024 in Results

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.