December 8, 2023. Partner Paul Groth won a big victory for his client in a case with significant claimed medical damages in Forsyth County. The suit arose out of a motor vehicle accident that occurred on June 21, 2021 when the defendant made an improper U-turn in front of the Plaintiff’s vehicle. The Defendant was found to be at fault and admitted negligence at trial.
The Plaintiff went to the ER after the accident complaining of wrist and low back pain. Later that week he began chiropractic treatment. At the chiropractor he made complaints of memory and concentration issues as well as his physical injuries. He also went to an orthopedist who treated him for lumbar and cervical pain. Ultimately, the plaintiff claimed a permanent traumatic brain injury (TBI). Plaintiff further claimed his injuries necessitated 4 surgeries: 1. neck injuries requiring a 4-level fusion in the C spine; 2. lower back injuries requiring a 2-level fusion in the lumbar spine; 3. a left knee injury which required arthroscopy and 4. the ultimate need for a total left knee replacement.
During the trial, the plaintiff’s attorneys played the medical depositions of Dr. Doran (a neuropsychologist out of Maryland) who testified that the plaintiff’s cognitive and memory issues were a direct result of the motor vehicle collision. He further presented testimony of Dr. Christopher Tomares who testified as to the necessity of the back and neck surgeries and related that necessity to the motor vehicle accident. Plaintiff also presented both Dr. Mathew Tombo and Dr. Scott Barbour who testified that the left knee injuries were related to the motor vehicle accident and required surgical intervention.
Mr. Groth called Dr. Barry Jeffries, a neuroradiologist who testified that the diagnostic studies showed degenerative changes in the plaintiff’s brain, neck, back and no evidence of any acute injuries or aggravations of either.
During his closing, the plaintiff’s attorneys asked the jury to award the past medical bills of $159,935.43 and future medical bills of $328,818.92 for a total of $488,754.35 in special damages. Plaintiff asked for the jury to award $1,950,000 in pain and suffering for a total jury award of just over 2.5 million. Mr. Groth asked the jury to award the ER bill of $3,211.70. The jury deliberated for 2 and ½ hours and returned a verdict for the plaintiff in the amount the ER bill ($3,211.70).
The Case is William W Powell vs Thomas Boyert, State Court of Forsyth County CAFN 22SC-0266-A.
Read more about Partner Paul Groth here.
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