January 14, 2026 . Partner Paul Groth won a full defense verdict in the State Court of Cherokee County in a jury trial tried before the Hon. Michelle Helhoski. The accident giving rise to this lawsuit occurred on September 23, 2016 on I-75 southbound near the 120 loop in Cobb County. The defendant was operating a vehicle owned by a friend and was traveling behind the plaintiff’s vehicle in the far-right lane when the plaintiff slowed due to heavy traffic. The Defendant was unable to stop in time and rear ended the Plaintiff’s vehicle.
The plaintiff, his wife and the father-in-law of the plaintiff’s sister (who was in the back seat) complained of injury at the scene and visited the ER after leaving the scene of the accident; however, they were already going to Northside Hospital to see the sister’s new born baby.
Following the ER visit, the plaintiff waited 24 days before treating with a chiropractor he had visited once in June and once in July 2016 for right shoulder pain; during the trial, he denied these visits were anything more than routine adjustments to his spine. He admitted he retained an attorney with 2 weeks of the accident. He testified he quickly developed bad right shoulder pain and returned to the chiropractor 24 days after the accident with debilitating right shoulder pain. He then treated at a spine clinic where he received an injection. His primary injury clam was a right shoulder SLAP tear. The plaintiff had surgery to repair that tear.
At trial, the plaintiff also testified that he was at a dead stop when he was rear ended and that he believed the Defendant had been traveling at up to 35 mph at impact. He further testified that his vehicle was pushed into the vehicle ahead which had been about 1 car length ahead. He then pulled over into the emergency lane and exited his vehicle. The driver of the car in front opted to leave as there was no property damage to his vehicle. The plaintiff also testified that the vehicle that the Defendant was driving was smoking and leaking fluid. The Defendant testified the the radiator was cracked during the accident. Photographs of the Plaintiffs vehicle were introduced which showed minor damage to the rear and the driver’s door being pushed into the door frame which had to be repaired.
The plaintiff also presented the testimony of his surgeon who testified that he felt the SLAP tear was caused by the accident but on cross examination admitted that such an injury should have been painful immediately upon it occurring.
At trial, Mr. Groth called a biomechanical engineer who provided an opinion that the Delta-V (change in velocity) to the plaintiff’s vehicle was 8.5 to 9 mph. He testified that such an impact could result in cervical and lumbar sprains but would not have caused the Type II SLAP Tear and avulsion injury shown on the MR scan that Plaintiff was relating to the accident. He also presented the expert testimony of a radiologist who reviewed the Plainitff’s films and records. He provided an opinion that the diagnostic studies taken of Plaintiff’s right shoulder showed evidence of chronic degenerative changes, including, but not limited to a degenerative SLAP tear, AC joint arthrosis, hypertrophy and impingement, but did not show evidence of an acute injury that would have been caused by the subject accident.
During closing arguments, the plaintiff’s attorney asked the jury to award the past medical bills of $65,609 and up to approximately $700,000 for pain and suffering but not less than approximately $200,000. Mr. Groth suggested the award should be a defense verdict but told the jury that an award of the ER bill would not be unreasonable.
The jury deliberated approximately 25 minutes before returning a defense verdict.
The Case is Gregory Wartes and Rachel Wartes v Mitchell R. Logan et al, State Court of Cherokee County CAFN 17SC0773.
Read more about Partner Paul Groth here.
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