January 30, 2024. Associate Davis Lackey won a defense verdict in a case that was tried to a jury in the State Court of Fulton County this week. The matter was selected by the ORCA Court and was presided over by senior Judge Jerry Baxter. This case arose out of a motor vehicle accident that occurred on July 12, 2021 in Woodstock, Georgia.
The Plaintiff was driving his work van when Defendant made a left turn from a business parking lot and pulled out in front of the Plaintiff’s vehicle causing the collision. Both vehicles were drivable and no citations were issued. Neither party reported injury at the scene. The defendant admitted negligence, and the issues for the jury were causation and damages.
Following the accident, the Plaintiff presented to a chiropractor 2 days later with complaints of neck and back pain. He underwent multiple rounds of cervical and thoracic facet injections. The medical bills presented at trial totaled $44,337.84. At trial, the Plaintiff presented the testimony of Dr. Hanny Helmi from Ortho Sport & Spine who testified that based on the MRI reports and complaints from Plaintiff, he sustained acute trauma from the motor vehicle accident and that all of the treatment was reasonable and related to the accident. Plaintiff further claimed lost wages in the amount of $387,411 alleging that he earned $2,226.50 per day as a surveyor and had missed 174 days of work due to this accident.
Mr. Lackey presented expert testimony at trial from Dr. Barry Jeffries, a neuroradiologist who provided an opinion that a review of the films revealed degenerative, rather than acute conditions and they were unrelated to the collision which contradicted the testimony of Dr. Helmi. Mr. Lackey also impeached the Plaintiff when he was not forthcoming about prior medical treatment for neck and back pain. His cross examination of Dr. Helmi also focused on that issue and Dr. Helmi conceded he never physically examined Plaintiff, relied on Plaintiff for an accurate medical history, and that the Plaintiff said that he had never injured his neck or back prior to the subject accident.
During his closing, the plaintiff asked the jury to award all of the past medical bills, lost wages and pain and suffering in a total amount of $650,000. Mr. Lackey asked the jury to return a defense verdict arguing that the treatment was related to chronic degenerative conditions and not the car accident.
The jury deliberated for approximately 1 hour before returning a defense verdict. The last settlement offer made by Defendant was $70,000 for which Defendant filed an Offer of Settlement under O.C.G.A. 9-11-68.
The Case is Isaac Smith vs Julia A. Mizer, State Court of Fulton County CAFN 21-EV-007338.
Read more about Attorney Davis Lackey here.
Read more about GMKE at http://www.gmke.law.
