Svoboda and O’Malley Secure Defense Verdict in DeKalb County
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.