Defense Strategy Limits Damages Despite $1.1 Million Ask
ALAMO, GA — Associate Ryland Avery and Partner Brian McCarthy of Waldon Adelman Castilla McNamara & Prout are pleased to announce a successful defense outcome in a personal injury matter recently tried in the Superior Court of Wheeler County.
The case stemmed from a rear-end collision in which fault was admitted. The plaintiff alleged permanent injuries to the neck and lower back, seeking significant compensation for past and future medical care. Despite a final pretrial demand of $800,000, and the rejection of a $100,000 policy limit tender in July 2024, the defense remained committed to achieving a result that accurately reflected the merits of the case for their client.
During the trial, the plaintiff’s treating orthopedist provided live testimony alleging at least $252,000 in future medical treatment. Opposing counsel argued for $380,000 in past and future medical specials, ultimately suggesting to the jury that a total verdict of $1.1 million would be appropriate.
In closing arguments, Avery and McCarthy asked the jury to return a verdict of $25,000, emphasizing a grounded assessment of the evidence. After deliberation, the jury returned a verdict of $25,000 for past medical specials and $5,000 for future medical specials.
“Our primary focus is always on delivering the best possible outcome for our clients by providing a rigorous and evidence-based defense,” said Ryland Avery. “In this case, the jury’s decision validates our commitment to protecting our clients’ interests against disproportionate claims.”
