March 1, 2024. Senior Associate Doug MacKimm & Associate Mallory Daniel secured a big win for their clients in a case that was tried to a jury in Floyd County.  This case arose out of a motor vehicle accident that occurred on August 10, 2017 the Plaintiff and Defendant were both travelling southbound on I75 in Stockbridge Georgia when the insured struck the back of the Plaintiff’s car.  Negligence was admitted at trial.  The Plaintiff  complained at the scene of injury but declined medical transport and was able to drive away on her own.

Plaintiff’s primary complaints were back and neck pain with radiating pain into her arms and hands.  She underwent epidural steroid injections, physical therapy, and both left and right ulnar nerve releases, as well as pain management.  At trial she presented medical bills totaling roughly $36,000.  In her testimony, the Plaintiff stated that her neck and hand injuries were new issues following the accident, however Ms. Daniel cross examined her and impeached her with over 10 years of medical records detailing treatment to her neck, hands and wrists.  Plaintiff also presented the testimony of Dr. Virginia Jones of Ortho Atlanta and Dr. Sandeep Vaid of Georgia Pain and Spine Care,  who each testified the plaintiff’s claimed injuries were consistent with the motor vehicle collision and the treatment was reasonable and related to the collision.

Mr. MacKimm presented the testimony of Dr. Neil Negrin, an orthopedic surgeon who testified that the Plaintiff’s conditions were chronic and long term in nature.  Dr. Negrin also highlighted that there was an MRI of her cervical spine taken only a few months prior to the accident when she was treating for neck pain that revealed issues with her cervical spine.  Further, there were also MRI scans taken related to her prior treatment in 2009 and 2014 that documented the same conditions.

During his closing, the plaintiff asked the jury to award the medical bills of $36,000 and an amount of pain and suffering in totaling ten times (10X) the special damages for an award of $360,000.  Mr. MacKimm asked the jury to award the original treatment and a measure of pain and suffering in a total amount of $5,000-$10,000.  The jury deliberated for approximately 2 hours before returning a verdict of $10,000which was well less than the defense’s last offer to the Plaintiff of $36,000. Plaintiff’s last demand prior to trial was $200,000.

The Case is Shannon Darnell vs. Linda S. Sipp, Superior Court of Floyd County CAFN 19CV01600.

Read more about Attorney Doug MacKimm here.

Read more about Mallory Daniel here.

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