September 12, 2024. GMKE Attorneys Bailey Armstrong and Davis Lackey won a defense friendly verdict in a trial of two firsts. This was Associate Attorney Bailey Armstrong’s first jury trial and it was the first civil jury trial in the history of the State Court of Paulding County which was established by the legislature in 2022. This suit arose out of a motor vehicle accident that occurred on June 1, 2021 on Pine Valley Rd. Hwy 316 in Paulding County, GA . The Defendant was traveling behind Plaintiff on Pine Valley Rd. and rear-ended the Plaintiff as she was slowing for traffic ahead. The defendant received a citation for following too closely. There was minimal property damage to the vehicles. Negligence was admitted at trial.
The Plaintiff went to the ER the day after the accident with complaints of head neck and back pain. She returned to the ER two days later but on that visit made no mention of neck or back pain 3 weeks later she sought treatment with an orthopedist. She then treated with an orthopedist for her low back pain and underwent physical therapy for approximately 4 months. Her medical bills totaled approximately $74,000, with almost $50,000 being from the ER visits.
Plaintiff testified about her treatment and the lasting impacts of this accident. The defense cross-examined Plaintiff regarding her gap in treatment and her second emergency room visit. The Plaintiff’s husband and son also testified about impact of the accident on the Plaintiff. The defense made a strategic decision not to call any witnesses or introduce any evidence in order to be able to have the final closing argument.
In closing, Counsel for Plaintiff argued that the Defendant should take full responsibility for the injuries he caused to Plaintiff and asked the jury to award $650,000. The defense asked the jury to award $21,000, which accounted for the Plaintiff’s first emergency room visit only. After deliberating for 2 hours, the jury returned a verdict of $92,500, well less than the amount Plaintiff sought and an amount that represents 1.25 times the Plaintiffs medical bills. Because the liability carrier had already paid $25,000, so Ms. Armstrong & Mr. Lackey’s client only had to pay $67,500.
The Case is Martha Donaldson v. Robert Myers, State Court of Paulding County CAFN 23-SV-000066.
Read more about Associate Attorney Bailey Armstrong here.
Read more about Senior Associate Davis Lackey here.
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