After a three day trial, a Dekalb County jury returned with a defense verdict in favor of Jonathan Adelman’s client.  Following a collision, plaintiff sought treatment for a right should injury and underwent shoulder surgery at the hand of the lead orthopaedic surgeon for one of Atlanta’s professional sports franchises.  The surgeon related the injury and the surgery to the accident based upon what plaintiff told him about the onset of his symptoms.  During trial, plaintiff’s credibility became a central issue, and he was repeatedly impeached.  Although the jury determined that the defendant was negligent, it still found in her favor.  Plaintiff refused to entertain any settlement offers for less than the policy limits.  Plaintiff’s counsel asked the jury to return with a verdict in the amount of $356,000.  The jury took less than one hour to return with a defense verdict.

Following a two (2) day trial in Cobb County, Ashley Rice secured a defense verdict in an admitted fault case from a rear-end motor vehicle accident.  The plaintiff introduced bills totaling $37,000 and underwent five (5) months of chiropractic and orthopedic treatment, including facet joint injections.  The jury agreed with the defense that the plaintiff failed to meet her burden of proving that the relatively small accident was the proximate cause of the claimed injuries.  Pre-suit, the plaintiff had demanded $100,000.

Following a 2-day trial, attorney Alexandra Svoboda secured a favorable verdict for her client in Cobb State Court.  The defendant admitted fault for causing a rear end collision with minor damage to both vehicles.  Plaintiff had been in a more significant collision six days before the collision with defendant, but testified he was not hurt in that prior collision.  However, the photographs of that collision and his medical records from the collision with defendant indicated he may have been hurt in the prior collision, and the jury believed he probably was hurt in the prior collision.  In addition, plaintiff was non-compliant with much of his therapy treatment plan, and appeared to “doctor shop,” eventually receiving several injections and medial branch blocks to the tune of $75,000.00.  The jury awarded him his ER bills plus some amount of therapy to account for some aggravation of the likely prior injuries from the six- day prior collision, for a total of $11,000.00.  They did not award plaintiff any pain and suffering.

Following a 2-day trial, attorney Alexandra Svoboda obtained a defense verdict for her client in Fulton Superior Court.  The case involved disputed fault between two drivers, including the driver of the vehicle that the plaintiff was a passenger in.  Plaintiff chose to only sued one driver.  It is unknown why he did not sue the other driver.  Plaintiff presented medical bills of approximately $22,000 and alleged neck and back injuries, including a disc protrusion.  Plaintiff had already settled or $25,000 with the liability carrier prior to trial and was offered another $25,000 from the UM carrier prior to trial, which he rejected.  The jury found that plaintiff did not meet his burden of proof on which driver breached their duty toward plaintiff, and found for the defendant.

Please join us in congratulating Rakhi McNeill, Alexandra Svoboda, Casey Brown, Andrew Panella, Daniel Prout, Jr, and Jonathan Adelman on being recognized by their peers for the 2023 edition of Best Lawyers in America. This distinction is provided to those who rank among the top 5% of private practice attorneys nationwide.

Plaintiffs brought a first party claim for comprehensive coverage against their insurer from an alleged 2020 fire loss involving a luxury vehicle.  The insurer had previously denied the claim due to material misrepresentations plaintiffs made during the claim investigation.  Ashley Rice defended the insurer, uncovering additional misrepresentations by plaintiffs and grounds for a judicial estoppel defense during the course of discovery.  Pre-trial, the Court had granted the insurer’s motion for partial summary judgment on the issue of bad faith.  In July, 2022, the case proceeded to trial before Cobb County State Court Judge John S. Morgan.  Finding that plaintiffs had taken inconsistent positions in a bankruptcy proceeding filed before the loss that were calculated to make a mockery of the judicial system, the Court entered judgment for the insurer.  The Court further found that plaintiffs failed to present credible evidence as to the value of the vehicle, their finances, and the circumstances surrounding the fire.

Our firm has always been at the forefront of tackling the legal, factual, and discovery issues relating to medical funding companies, both on the trial/appellate and legislative fronts.  Georgia’s collateral source rule, Georgia’s very low bar for admitting medical bills into evidence, and Georgia’s lack of regulation has provided fertile ground for medical funding companies.   Please join our partner Ashley Rice as she moderates an Atlanta Bar Association panel on these issues on February 11, 2022, beginning at 8:00 a.m. (Link: Litigation Section Zoom Breakfast – Atlanta Bar CLE Calendar)

WACHP congratulates our partner, Hilliard Castilla, on being sworn in as Judge Pro Tem for the State Court of Fayette County. Hilliard will continue practicing with our firm while serving the fine citizens of Fayette County.

Following a 2 day trial, attorney Ben Harbin obtained a defense verdict in Henry County. The case involved an admitted fault rear end accident.  The plaintiff presented medical bills totaling $15,000 and argued the accident caused a meniscus tear.  Plaintiff admitted having a prior history of knee pain but related the meniscus tear directly to the accident. A post accident MRI showed a meniscus tear.  Defense argued that the meniscus tear was a degenerative tear rather than an acute tear. After 20 minutes of deliberation the Jury asked if they could award the defendant attorney’s fees and defense costs.

On September 30, 2021, following a 3 day trial, a Douglas County jury returned a defense verdict.  Ben Harbin tried the case which involved a multi-vehicle accident.  The plaintiff did not complain of injury at the scene and there was minor damage to his vehicle.  However, plaintiff immediately began treating with a chiropractor and incurred medical bills in excess of $43,000.  The plaintiff asked for a verdict of $60,000, he rejected a pre-trial settlement offer of $15,000.