March 25, 2026. Partner Nik Makarenko successfully obtained a verdict in the State Court of Barrow County that was well below the last settlement demand and what the Plaintiff asked the jury to award. On March 23, after a three-day trial, the jury returned a verdict in favor of the Plaintiff in the amount of $250,000. In closing the Plaintiff had requested $3,500,000. This commercial trucking case was even more challenging since neither the driver, nor the company attended the trial.
On the evening of July 9, 2021, the Plaintiff and Defendant were travelling north on I-85 in Barrow County. The Plaintiff was in the far right lane approaching the exit when the Defendant, operating a loaded 2019 Freightliner, merged into the right lane striking the Plaintiff’s car. After this impact to the passenger side of her car, she spun in front of the insured, was hit again and then struck the center median wall one or two times. The police officer’s bodycam captured the driver’s explanation of what happened. He said he looked and did not see the Plaintiff prior to making this lane change.
Plaintiff had an extensive prior medical history, COPD, heart failure, kidney disease, OCD and hypertension and was/is on the heart transplant list. After the accident, Plaintiff complained of injury, but no loss of consciousness and was transported via EMS to the ER. Here she complained of right sided hip, neck and abdominal pain, and said she struck her head against the rear view mirror. All her diagnostic scans were negative, and she was not given any concussion protocol instructions. She presented a few times to an Urgent Care and her primary care doctor over the next few months but not for any neck complaints.
It was not until 4.5 months later that she finally saw a doctor at Polaris Spine and Neurology for her neck complaints. They immediately sent her for an MRI scan and thereafter recommended she undergo a surgical procedure, an ACDF, to three levels in her spine with a cost of $300,000. However, she could not have this procedure due to her cardiac issues. She was referred to the Concussion Center for her ongoing head issues and then was seen at Safeway Psychological Services for ongoing head injuries. Her treatment concluded in June 2022. The Plaintiff claimed at trial that she continues to suffer from ongoing neck pain and cognitive issues due to her concussion or traumatic brain injury due to this wreck.
During trial the Plaintiff, her son, and Dr. Christopher Sellers, a Life Care Planner, all testified. Plaintiff and her son were impeached over important details about her injuries and treatment as well as her ongoing heath issues. Dr. Sellers testified live at trial that the Plaintiff was unable to have the recommended surgery due to her heart condition. He also testified that based on his review of her medical records and scans, the Plaintiff would need ongoing medical treatment and assistance for the duration of her life in the amount of $1,860,284. During his cross examination, Mr. Makarenko pointed out that her heart condition was much more dire than he alluded to in his report and her life expectancy was not going to be as long as he projected because of this.
Mr. Makarenko hired Dr. Henry Barnard, a board certified orthopedic surgeon, to review Plaintiff’s pre- and post-accident records and diagnostic scans. He testified that he did not think the Plaintiff needed any surgery to her neck, did not need future care related to her neck, and had not suffered a concussion in this wreck. He also did not think her life expectancy was going to be as long as projected due to her pre-existing health conditions.
During Plaintiff’s closing arguments they painted a roadmap for the jury regarding Plaintiff’s future life based on the Life Care Plan and suggested the jury award $3.5 million. Mr. Makarenko suggested the award should include her past medical bills of $55,000 plus an amount for pain and suffering while she was under active care and not for the rest of her life. The jury deliberated for approximately one hour and twenty minutes and returned a verdict of $250,000 which was less than the last settlement offer prior to trial. During trial Mr. Makarenko was assisted by his paralegal Megan Boggs.
The case is Patricia Lazurick v. Furkat Sharipov and Task Corporation, State Court of Barrow County, CAFN 22-SV-00068.
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