October 24, 2024.  Senior 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 before Judge Eric Richardson.  The case was second chaired by Associate Attorney Dexter Riley.  This case arose out of a motor vehicle accident that occurred on August 12, 2019 on the ramp from I285 West onto GA 141/Peachtree Industrial South in DeKalb County Georgia.

Mr. Lackey’s client, the Defendant, was traveling directly behind the Plaintiff on the ramp when he rear-ended the Plaintiff causing a moderate impact.  The Defendant’s air bags deployed. The police were called to the scene and the Defendant admitted fault and was cited for following too closely. The Defendant’s car was towed away. The Plaintiff was able to drive his car from the scene.  Negligence was admitted at trial.

Plaintiff presented to the Emergency Room on the day of the accident with complaints of neck pain, back pain and headaches.  2 days later he went back to the Emergency Room with similar complaints.  2 weeks after that he followed up with a chiropractor where he treated for 6 visits over 6 months with several long gaps between treatment dates.  Over 7 months after the accident Plaintiff sought pain management treatment including pain injections, then in 2023 he had another injection.  The total amount of medical bills presented at trial were approximately $20,000.

At trial, Plaintiff testified that he experienced neck and back pain in the days after the accident and sought medical treatment.  On cross examination, Plaintiff admitted 4 prior injuries where he complained of neck back pain and further admitted that he had not been forthcoming with his regarding his history of back and neck complaints.  The Plaintiff did not present any medical experts or treating doctors at trial, however, they did introduce a medical narrative from his chiropractor.

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.

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 $150,000.  Mr. Lackey asked the jury to return at most the ER bills of around $5,000.  The jury deliberated for approximately 1 hour and fifteen minutes before returning a full defense verdict.

Prior to trial, Mr. Lackey had filed an Offer of Settlement under O.C.G.A. 9-11-68 for $17,000 and is now positioned to recover fees and costs against the Plaintiff.

The Case is Michael Johnson v. Jacob Carlock, State Court of Fulton County CAFN 21EV004319.

Read more about Attorney Davis Lackey here.

Read more about Attorney Dexter Riley here.

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