October 28, 2025. GMKE Associate Attorney Nathan Azarowicz secured a defense verdict for his client in a jury trial in Forsyth County before Judge Jason Dunne last week. Attorney Sharon Gallahar second chaired the trial. The incident giving rise to the suit occurred on October 1st, 2022. There was a dispute over liability and no police report. Plaintiff contended he was standing in line at a Kroger gas station cashiers booth in Cumming, GA. At the same time, the Defendant was pulling into the Kroger gas station. Defendant contended that as the Plaintiff was leaving the cahiers window he started walking towards his vehicle and ran into the side of the Defendants vehicle. Defendant indicated he saw the Plaintiff standing near a group of people with his back to the Defendant and he was already past the Plaintiff when he heard something hit the rear driver side of his car. Plaintiff contended the Defendant hit him with the front left tire which ran over his foot and the front of the Defendant’s vehicle struck him. After the incident the Plaintiff continued to work and made a delivery for a client.
Plaintiff later went to the ER that night for pain in his toe. No damage was done to the Defendant’s vehicle. The Plaintiff then filed an accident report the next day. Plaintiff then sought follow on chiropractic treatment for nearly eight (8) months for his neck, back, shoulder, and toe. At trial the Plaintiff claimed his main injury was his toe, which was fractured when it was run over. He further claimed that because his toe was run over, he fell to the ground and hurt his neck, back, and shoulder causing his extended chiropractic treatment. He further contended he had ongoing pain. On cross examination the Plaintiff also admitted that his job as a tow truck driver was tough on his body and caused him pain in his back and shoulder.
On direct examination of the Defendant, Defendant stated that the Plaintiff had his back to half of the gas station and said that the Plaintiff was not paying attention. The Defendant stated that he heard a noise at the rear of his car and heard his daughter screamed when someone hit her rear window. Mr. Azarowicz argued that both of these facts together would tend to show that the Plaintiff was the one that was negligent in not looking where he was going in a crowded gas station.
In Closing, the Plaintiff asked the jury to award the Plaintiff $187,539.00 for his medical bills and pain and suffering. Mr. Azarowicz argued that jury cannot find for the Plaintiff if they think the Plaintiff is 50% or more at fault and he asked for a defense verdict He further argued that even if the jury found Defendant to be at fault, the most they should award was $6,000.00 which would cover the cost of the ER visit for just the toe fracture and not his 8 months chiropractic treatment. The jury deliberated for an hour and returned a defense verdict.
The case is Sean Durrant v. Scott Ryan, State Court of Forsyth County, CAFN 24SC-0444-A
Read more about attorney Nathan Azarowicz here.
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