DeKalb Jury Determines Proximate Cause Not Established
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.