April 2, 2025. GMKE Associate Nicholas Harof won a defense verdict in a disputed liability case tried this week in the State Court of DeKalb County. He was second-chaired by GMKE attorney Stephanie Chavies.
The case arose from a motor vehicle accident that occurred on December 2, 2020, at the intersection of N. McDonough Street and Howard Drive in Decatur, Georgia. The Plaintiff and Defendant presented conflicting versions of where and how the accident occurred. Plaintiff testified that the collision took place at a different intersection than Defendant described. According to Defendant, he was traveling straight through the intersection in a lane designated for through traffic. Plaintiff was stopped to his right in a right-turn-only lane. When the light turned green, rather than turning right as required, Plaintiff attempted to drive straight through the intersection and struck the rear passenger side of Defendant’s vehicle. Defendant maintained that he never left his lane, and that Plaintiff caused the collision by improperly proceeding straight from a right-turn-only lane.
At trial, Plaintiff admitted under oath that she was unfamiliar with the area, did not know the road names, and was driving with a migraine at the time of the incident. She was also unable to clearly articulate to the jury how or where the accident occurred. The investigating officer testified under oath at trial that he found Defendant at fault for the incident.
Plaintiff presented her own testimony, along with the responding officer and her treating physician, Dr. Oglesby. She claimed multiple injuries, including lower back pain, hip pain, and numbness in her legs. Her treatment included chiropractic care, lumbar MRIs, and multiple injections. Additionally, she claimed lost wages but admitted during her testimony that she never missed a full day of work.
On cross-examination, Mr. Harof impeached Plaintiff on multiple occasions using her deposition testimony, medical records, written discovery responses, and a social media post. One of the most significant moments came when Mr. Harof showed the jury a live video the Plaintiff had posted on social media, performing workout exercises during the same period in which she claimed she could not bend, twist, or exercise. These videos directly contradicted her sworn testimony and statements made to her physician.
Defendant’s account of the accident remained consistent throughout the litigation. Additionally, he produced the only known photograph of property damage—minor scrapes to his rear tire.
During closing arguments, Plaintiff’s counsel asked the jury to award $125,000 in medical bills and pain and suffering. Mr. Harof suggested a maximum award of $8,000 but argued that the facts warranted a full defense verdict. The jury deliberated for approximately one hour and fifteen minutes before returning a full defense verdict.
The case is Maricarmen Sepulveda Chavez v. Samuel Ronald Myers, State Court of DeKalb County, Civil Action File No. 22A02209.
Read more about Attorney Nicholas Harof here.
Read more about GMKE at http://www.gmke.law.
