June 13, 2024. Associate Davis Lackey won a defense verdict in a case that was tried to a jury in the State Court of Forsyth County this week. The case was second chaired by Associate Attorney Donna Davis. This case arose out of a motor vehicle accident that occurred on July 12, 2021 in Hall County, Georgia on Northbound I-85 just before the I-985/I-85 split.
Mr. Lackey’s client, the Defendant, was traveling directly behind the Plaintiff. The Plaintiff was traveling directly behind a 3rd vehicle. There was a dispute as to how the accident occurred. The police report indicated that Defendant’s car struck the rear bumper of Plaintiff’s vehicle, which caused Plaintiff’s vehicle to collide with 3rd vehicle. The impact caused the Defendant’s car to catch on fire. However, an independent witness stated that Plaintiff’s vehicle collided with 3rd vehicle before Defendant’s vehicle made struck the Plaintiff’s vehicle. No party was issued a citation.
Plaintiff presented to a chiropractor and then ultimately an Orthopedist, Dr. Douglas Linville. He underwent imaging of his neck and back and ultimately had an epidural steroid injection in his lumbar spine. The total amount of medical bills presented at trial were approximately $21,000.
At trial, Plaintiff testified that he was traveling in the far left lane when he was rear-ended by Defendant and pushed into the car in front of him. He was able to drive his vehicle from the scene. He started to experience neck and back pain a few days after the accident and sought medical treatment. Plaintiff he denied prior injuries. The Plaintiff also presented the testimony of Dr. Linville, he testified that Plaintiff had a disc herniation in his lumbar spine were acute and caused by the accident. He also testified that injury necessitated the Epidural Steroid Injection. He also recommended Plaintiff undergo a microdiscectomy. Dr. Linville did admit on cross examination that he did not recall ever physically meeting with or examining the patient.
Mr. Lackey presented expert testimony at trial from Dr. Barry Jeffries, an expert neuroradiologist who reviewed the records and films and and provided an opinion that the injuries were degenerative in nature and pre-existed the accident. Further Dr. Jeffries also testified as to the extent of he Plaintiff’s prior injuries. Mr. Lackey also impeached the Plaintiff when he was not forthcoming about prior medical treatment for neck and back pain. Plaintiff further and denied past treatment that was documented in his medical records.
During his closing, the plaintiff asked the jury to award all of the past medical bills and pain and suffering in a total amount of $452,600. Mr. Lackey asked the jury to return at most the past medical bills of $20,400 but argued that the facts merited a full defense verdict. The jury deliberated for approximately 1 hour and fifteen minutes before returning a defense verdict.
The Case is Eldin Banegas vs. Alyssa Ahrens, State Court of Forsyth County CAFN 22SC-1034-B.
Read more about Attorney Davis Lackey here.
Read more about Attorney Donna Davis here.
Read more about GMKE at http://www.gmke.law.
