August 16, 2023. Attorney Davis Lackey won a defense verdict in a case that was tried to a jury in the State Court of Gwinnett County before Judge Veronica Cope. Associate Attorney Donna Davis second chaired the trial. The suit arose from a motor vehicle collision that occurred on On March 4, 2019. Liability was disputed in this accident which occurred as the Defendant was pulling out of the exit of a fast food restaurant. Plaintiff wen tot he Emergency room on the date of loss. She then underwent physical therapy and also presented to a provider a month later with complaints of headaches and dizziness and underwent a brain MRI. Her total claimed medical special damages were approximately $29,000.
At trial, the Plaintiff testified that it was the Defendant tried to pass her. She also testified she had headaches and concussion from the accident and had never had any prior head injury. On cross examination she did admit to having a prior Traumatic Brain Injury and treating on and off for years for concussion type symptoms. She was further impeached by Mr. Lackey with records showing she had treated with a neurologist for both head injury and pain “all over her body” as recently as a few month prior to the accident. Plaintiff also called Dr. Derron Jones from Peachtree Spine Physicians. He testified that Plaintiff had a herniated disc with annular tear in her cervical spine. He further testified that the injuries were related to the accident and the treatment was reasonable, related and necessary. However, on cross examination he admitted he was not aware of her prior complaints of injury and prior treatment which he conceded could affect his causation opinion.
The Defendant testified that as he was waiting to make a right hand turn out of the restaurant, the Plaintiff tried to pass him and make a right hand turn at the same place. Specifically, he testified he was established in the turn lane and Plaintiff in attempting to make a right hand turn tried to occupy the same exit lane and pull past the Defendant so as not to wait for him.
In closing the Plaintiff asked the jury to award a verdict of $63,000. Mr. Lackey asked the jury award a defense verdict on negligence. The jury deliberated for approximately 1 hour before returning a defense verdict.
The Case is Parys Johnson v. Toby Mena, State Court of Gwinnett County CAFN 21-C-01208-S6.
Read more about Senior Associate Davis Lackey here.