July 24, 2025. Partner Jay Eidex won big victory this week in Coweta County in  a case where the Plaintiff contended the insurance carrier had rejected a pre suit demand.  As to the demand, the carrier responded within 30 days of its receipt of the demand; however, Plaintiff contended that the demand was received two days earlier on December 25, 2025 (Christmas Day and a Sunday) than the carrier’s records show it being received.  Because of this, Plaintiff contended the carrier missed the deadline and declined to accept he tender of the $25,000 liability limits.

As to the lawsuit itself, it occurred in March 2022.  Plaintiff’s vehicle was in the left lane stopped at a red light at an intersection. Defendant was approaching the subject intersection and applied his brakes but was unable to stop in time and rear-ended the Plaintiff’s vehicle.  The Plaintiff was transported from the scene to the ER. Defendant was issued a citation for following too closely and admitted fault at trial.

With respect to Plaintiff’s injuries and treatment, Plaintiff’s treatment consisted of ER treatment on the date of loss where she had complaints of low back pain and neck pain. Plaintiff then presented to an Orthopedist two days after the accident where she received conservative chiropractic treatment later that year. There were significant gaps and inconsistencies in treatment during that time.  Her treatment culminated with a lumbar fusion surgery ultimately presenting medical specials close to $300,000 at trial.  Noteworthy, however, is that Plaintiff had extensive medical priors relating to her back dating back to 2014, including a prior surgery in 2014, a workers comp claim in 2015, a fall down the stairs in 2019, and another workers comp claim in 2021 for low back pain. She even saw a chiropractor for low back and neck pain two days prior to the subject accident.

At trial, Plaintiff presented testimony from her treating surgeon.  While he connected the injury to the accident and testified the surgery was necessitated by the accident, it was clear he did not have a full understanding of the Plaintiff’s prior medical history.   Mr. Eidex presented the testimony of a radiologist and orthopedic surgeon who both testified that there was no injury from the accident based upon the Plaintiffs post-accident MRI and her multiple pre-accident MRI scans.

During his closing argument, the plaintiff’s attorney argued for the jury to award the medical damages and pain and suffering totaling 3.5 million.   Mr. Eidex suggested the award should be for the ER bill and pain and suffering in the amount of $15,000-$17,500.  The jury deliberated approximately 40 minutes before returning a verdict in the amount of $15,384.90 which was well under the $25,000 policy limit which Plaintiff claimed was rejected.

The Case is Courtney Victoria Bond v. William Corbin Davis, State Court of Coweta County CAFN 23SV0708E.

Read more about Partner Jay Eidex here.

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