July 22, 2026. Partner Ankur Trivedi and Associate Gina Mackey (Second Chair) obtained an outright Defense Verdict following a two-day jury trial in an admitted negligence case arising out of an automobile collision (bumper tap) on I-85 North in heavy stop-and-go traffic. Plaintiff and his family were traveling up from Florida to Six Flags when the incident occurred. The rear of Plaintiff’s rental showed little to no damage, and because it was a rental, Plaintiff could not prove what damage was caused by the collision and what damage pre-existed the collision.
Plaintiff attended lengthy treatment with physical therapy, injections, pain medication, and ultimately underwent a two-level cervical disc replacement at C3-C4 and C5-C6. Plaintiff’s special damages totaled $304,000. The only evidence introduced by Plaintiff was Plaintiff’s testimony, the medical bills, and a Medical Narrative by his pain management doctor.
The Defense introduced Defendant’s testimony, property damage photographs, and live testimony from an orthopedic surgeon who opined that (1) Plaintiff’s cervical MRI did not indicate a traumatic injury, and (2) Plaintiff’s cervical MRI did not show any injury warranting a surgery, regardless of cause (no stenosis or impingement of the cord). Our client was wonderful, and that certainly played a role in the outcome.
In closing, Plaintiff asked for $1,500,000, citing a per diem rate for the 1,000+ days since the incident. Defendant argued that Plaintiff did not meet his burden and asked for a defense verdict. The jury deliberated for an hour and fifteen minutes before returning a verdict in favor of Defendant.
The case is Cortes v. Rigdon, State Court of Jackson County, Case No. 24SV249 (Hon. Robert D. Alexander).
Click on the link to read more about Partner Ankur Trivedi and Associate Gina Mackey.
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