December 13, 2023. Senior Associate Doug MacKimm won a defense verdict in a case that was tried to a jury in the State Court of DeKalb County this week. Associate Attorney Mallory Daniel second chaired the trial. This case arose out of a motor vehicle accident that occurred on May 19, 2018. Liability was disputed and was the main issue for trial.
The defendant contended that she was was traveling to a friend’s house to celebrate a college graduation. This collision occurred when she was attempting to make a left-hand turn from Peachtree Industrial Boulevard onto North Peachtree Road. She testified that she slowed to make the turn but did not stop completely, as she had a green turn arrow. She testified that she was about one-third of the way through the intersection when the Plaintiff’s vehicle collided with the front of her vehicle. The Defendant testified she received a phone call from a friend and was on that call for about five minutes and remained on the call at the time of the collision. She stated that the phone was in a cupholder, and she was using speakerphone.
At trial, the Plaintiff is trying to suggest that although she was not texting in the traditional sense, she was likely distracted by the phone call. The Plaintiff testified that he was on his way home from work and was very familiar with this area. He was in the left lane of Peachtree Boulevard traveling at about 45 M.P.H. facing a circular green traffic signal at the intersection of North Peachtree Road. Suddenly, a car turned in front of him from the opposite direction and he did not have an opportunity to take any evasive action. He testified that he recalled his car spinning around and finally coming to rest with all 4 tires still on the pavement.
The Plaintiff claimed physical injuries to his chest, right shoulder, and headaches. He had various cuts and bruises on his face and torso. He was transported by EMS to the hospital. It was noted he appeared to have suffered a closed head injury from the impact and was diagnosed with transient global amnesia and post-concussion syndrome due to his inability to recall events after the accident. He then treated with another provider where he was diagnosed with a fractured sternum. His medical bills totaled around $26,000.
During his closing, the plaintiff asked the jury to find the plaintiff at fault and award the medical bills of $26,000 and an unspecified amount for pain and suffering. Mr. MacKimm argued that the plaintiff was at fault, but at worst the accident was 50/50 and thus the jury should award a defense verdict.
The jury deliberated for approximately 2 hours before returning a defense verdict.
The Case is Rudolph Gomez vs. Eliza Gipson and Teresa Gipson, State Court of DeKalb County CAFN 19A75229.
Read more about Attorney Doug MacKimm here.
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